Road Transport (Public Passenger Services) (Hire Cars) Amendment Act 2004 (ACT)

Case

Road Transport (Public Passenger Services) (Hire Cars) Amendment Act 2004

A2004-69

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

Part 2Road Transport (Public Passenger Services) Act 2001

  1. Act amended—pt 2  3

  2. Objects


    Section 2 (b)  3

  3. New section 4A  3

  4. Functions of road transport authority


    Section 5 (b)  4

  5. Registers of accredited people and licences


    Section 6 (1), note  4

  6. Regulations about operation of bus services by accredited people


    Section 24 (i)  5

  7. Section 37  5

  8. Use of vehicles as taxis


    Section 42 (3)  5

  9. Section 45  6

  10. Unaccredited operators not to operate taxi services


    Section 52 (2)  6

  11. New parts 5A and 5B  7

  12. New section 60T  17

  13. New section 65A  18

  14. New part 7  19

  15. Parts 5A to 7  22

  16. Dictionary  22

  17. Dictionary, definition of holder  23

  18. Dictionary, definition of licence  23

  19. Dictionary, definition of public passenger vehicle  23

  20. Dictionary  23

Part 3Domestic Animals Act 2000

  1. Act amended—pt 3  24

  2. Dictionary


    Section 3, note 1  24

  3. Dictionary, definition of public place  24

  4. Dictionary, definition of public vehicle  24

Part 4Road Transport (Driver Licensing) Act 1999

  1. Act amended—pt 4  25

  2. Definitions—the dictionary


    Section 4, note 1  25

  3. Dictionary, definition of public vehicle  25

Part 5Road Transport (General) Act 1999

  1. Act amended—pt 5  26

  2. Public vehicles


    Part 9  26

  3. Definitions for pt 10 Section 158, definition of public vehicle           26

  4. New section 216A  26

  5. Public vehicle insurance compulsory


    Section 217  27

  6. Public vehicle policies


    Section 218  27

  7. Section 235  27

  8. Dictionary, new definition of accredited operator  28

  9. Dictionary, definitions of private hire car, private hire car operator’s licence and public bus     28

  10. Dictionary, definition of public vehicle  28

  11. Dictionary, definitions of restricted hire vehicle, restricted hire vehicle operator’s licence, sightseeing vehicle operator’s licence and taxi  28

Road Transport (Public Passenger Services) (Hire Cars) Amendment Act 2004

A2004-69

An Act to amend the Road Transport (Public Passenger Services) Act 2001, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Road Transport (Public Passenger Services) (Hire Cars) Amendment Act 2004.

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

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

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2Road Transport (Public Passenger Services) Act 2001

  1. Act amended—pt 2

    This part amends the Road Transport (Public Passenger Services) Act 2001.

  2. Objects
    Section 2 (b)

    substitute

    (b)to provide for the licensing of vehicles used as taxis and hire cars within or partly within the ACT; and

  3. New section 4A

    insert

4AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

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

·     s 60D (1) and (2) (Use of vehicles as hire cars)

·     s 60E (1) and (2) (Pretending vehicles are licensed hire cars)

·     s 60N (1) (Unaccredited operators not to operate hire car services)

·     s 60O (1) and (2) (Pretending to be an accredited hire car service operator)

·     s 60T (Unauthorised public passenger services).

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).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

  1. Functions of road transport authority
    Section 5 (b)

    substitute

    (b)to administer the licensing schemes established under this Act for the licensing of taxis and hire cars; and

  2. Registers of accredited people and licences
    Section 6 (1), note

    substitute

    NoteSection 5 (c) requires registers for the following to be kept:

    ·     accredited bus service operators

    ·     accredited taxi network providers

    ·     accredited taxi service operators

    ·     accredited hire car operators

    ·     taxi licences

    ·     restricted taxi licences

    ·     hire car licences

    ·     restricted hire car licences.

  3. Regulations about operation of bus services by accredited people
    Section 24 (i)

    substitute

    (i)requirements for display of accreditation numbers on advertisements for the service; and

    (j)the provision of information and reports to the road transport authority.

  4. Section 37

    substitute

  5. Meaning of taxi licence

    A taxi licence is a licence issued under the regulations to use a vehicle as a taxi, and includes a restricted taxi licence.

    NoteReferences to taxi licence include a restricted taxi licence unless the contrary intention otherwise appears (see Legislation Act, s 155).

  6. Use of vehicles as taxis
    Section 42 (3)

    substitute

  7. This section does not apply to a person in relation to the hiring of a vehicle used by the person if—

    (a)the vehicle is licensed as a taxi under the law of another jurisdiction; and

    (b)the hiring begins in that jurisdiction and is completed in the ACT.

  8. This section also does not apply to a person who is using a substitute vehicle as a licensed taxi in accordance with the regulations.

  9. Section 45

    substitute

  10. Meaning of taxi

    A taxi is a vehicle (other than a bus) that stands or plies for hire for the transport of passengers along a road or road related area, and includes a restricted taxi.

    NoteReferences to taxi include a restricted taxi unless the contrary intention otherwise appears (see Legislation Act, s 155).

  11. Unaccredited operators not to operate taxi services
    Section 52 (2)

    substitute

  12. This section does not apply to a person in relation to the hiring of a taxi operated by the person if—

    (a)the person is authorised to operate a taxi service under the law of another jurisdiction; and

    (b)the hiring begins in that jurisdiction and is completed in the ACT.

  13. New parts 5A and 5B

    insert

Part 5ALicensing of hire cars

Division 5A.1            Basic concepts

60AMeaning of hire car licence

A hire car licence is a licence issued under the regulations to use a vehicle as a hire car, and includes a restricted hire car licence.

NoteReferences to hire car licence include a restricted hire car licence unless the contrary intention otherwise appears (see Legislation Act, s 155).

60BMeaning of restricted hire car licence

A restricted hire car licence is a licence issued under the regulations to use a vehicle as a restricted hire car.

Division 5A.2            Hire car licences

60CTransferability of hire car licences

  1. A hire car licence (other than a restricted hire car licence) issued before the commencement of this section is transferable.

    Examples of how licence might be transferred

    1hiring the licence to someone else

    2selling the licence to someone else

    NoteAn example is part of the Act, 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).

  2. A hire car licence issued after the commencement of this section is not transferable.

  3. A restricted hire car licence is not transferable.

  4. If the holder of a transferable hire car licence asks the road transport authority to transfer the licence to someone else, the authority must transfer the licence to the person.

60DUse of vehicles as hire cars

  1. A person must not use a vehicle as a hire car (other than a restricted hire car) unless the vehicle is licensed under the regulations as a hire car.

    Maximum penalty:  50 penalty units.

  2. A person must not use a vehicle as a restricted hire car unless the vehicle is licensed under the regulations as a restricted hire car.

    Maximum penalty:  50 penalty units.

  3. This section does not apply to a person in relation to the hiring of a vehicle used by the person if—

    (a)the vehicle is licensed as a hire car under the law of another jurisdiction; and

    (b)the hiring begins in that jurisdiction and is completed in the ACT.

  4. This section also does not apply to a person who is using a substitute vehicle as a licensed hire car in accordance with the regulations.

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

60EPretending vehicles are licensed hire cars

  1. A person must not pretend that a vehicle is licensed under the regulations as a hire car (other than a restricted hire car).

    Maximum penalty:  30 penalty units.

  2. A person must not pretend that a vehicle is licensed under the regulations as a restricted hire car.

    Maximum penalty:  30 penalty units.

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

60FRegulations about hire car licences

  1. The regulations are to provide a system for the licensing of hire cars and restricted hire cars, including, for example—

    (a)matters in relation to the giving, refusal or surrender of licences; and

    (b)the term of restricted hire car licences; and

    (c)the conditions of licences; and

    (d)the circumstances in which a substitute vehicle may be used as a licensed hire car; and

    (e)the action that may be taken in relation to licences in circumstances prescribed under the regulations, including, for example—

    (i)the suspension or cancellation of a licence; and

    (ii)the imposition of a condition on, or the amendment of a condition of, a licence; and

    (iii)an order that the holder of a licence pay to the Territory an amount of not more than—

    (A)for an individual—$5 000; or

    (B)for a corporation—$25 000; and

    (iv)the reprimanding of the holder of a licence.

    Examples of conditions for restricted hire car licences—s (1) (c)

    1how the vehicle to which the restricted hire car licence relates must be equipped

    2the kinds of restricted hire car services that may be operated using the vehicle

    NoteAn example is part of the Act, 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).

  2. The regulations may place different requirements on the person to whom a hire car licence (other than a restricted hire car licence) is issued and a person to whom the licence is hired.

Part 5BHire car services

Division 5B.1            Basic concepts

60GMeaning of hire car

A hire car is a vehicle (other than a bus or taxi) that—

(a)is used, or is intended to be used, for the transport of passengers under a contract; and

(b)does not stand or ply for hire for the transport of passengers along a road or road related area;

and includes a restricted hire car.

NoteReferences to hire car include a restricted hire car unless the contrary intention otherwise appears (see Legislation Act, s 155).

60HMeaning of restricted hire car

A restricted hire car is a vehicle (other than a bus or taxi) that—

(a)is used, or is intended to be used, for the transport of passengers under a contract; and

(b)does not stand or ply for hire for the transport of passengers along a road or road related area; and

(c) is licensed under the regulations as a restricted hire car.

60IMeaning of hire car service

A hire car service is a public passenger service operated using 1 or more hire cars (including restricted hire cars).

60JMeaning of restricted hire car service

A restricted hire car service is a public passenger service operated using only 1 or more restricted hire cars.

Example of a restricted hire car service

a pre-booked public passenger service that provides transport to weddings and school formals

NoteAn example is part of the Act, 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).

Division 5B.2            Accreditation of hire car service operators

60KHire car service operators—purposes of accreditation

The purpose of accreditation under the regulations to operate a hire car service is to ensure that—

(a)each person, including the accredited person, who is concerned with, or takes part in, the management of the service, is a suitable person to operate the service; and

(b)each person, including the accredited person, who is concerned with, or takes part in, the management of the service, has demonstrated the capacity to comply with the relevant regulations and, in particular, the regulations about—

(i)the safety of passengers and the public; and

(ii)the maintenance of hire cars.

60LHire car service operators—regulations about accreditation system

  1. The regulations are to provide a system for the accreditation of people to operate hire car services, including, for example—

    (a)the kinds of accreditations; and

    (b)the kinds of hire cars and hire car services that a person who holds a particular kind of accreditation is entitled to operate; and

    (c)the conditions of accreditations; and

    (d)matters in relation to the giving, refusal or surrender of accreditations; and

    (e)the action that may be taken in relation to an accredited person in circumstances prescribed under the regulations, including, for example—

    (i)the suspension or cancellation of an accreditation; and

    (ii)the imposition of a condition on, or the amendment of a condition of, an accreditation; and

    (iii)an order that an accredited person pay to the Territory an amount of not more than—

    (A)for an individual—$5 000; or

    (B)for a corporation—$25 000; and

    (iv)the reprimanding of an accredited person.

    NoteAn example is part of the Act, 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).

  2. The regulations may make provision in relation to the accreditation of people to operate hire car services, including, for example—

    (a)requirements about the suitability of the applicant and each person who will be concerned with, or take part in, the management of the service; and

    (b)capacity to meet service standards.

  3. For subsection (1) (a), the regulations must provide for the accreditation of people to operate—

    (a)a hire car service (other than a restricted hire car service); and

    (b)a restricted hire car service.

    NoteFor examples of kinds of restricted hire car services, see s 60J.

Division 5B.3            Entitlement to operate hire car services

60MEntitlement to operate hire car services

A person is entitled to operate a particular kind of hire car service, within or partly within the ACT, if—

(a)the person is accredited under the regulations to operate a hire car service of that kind; and

(b)the vehicles used to operate the service are licensed under the regulations as hire cars for that kind of hire car service.

60NUnaccredited operators not to operate hire car services

  1. A person must not operate, within or partly within the ACT, a hire car service of a particular kind unless the person is accredited under the regulations to operate a hire car service of that kind.

    Maximum penalty:  50 penalty units.

  2. This section does not apply to a person in relation to the hiring of a hire car operated by the person if—

    (a)the person is authorised to operate a hire car service under the law of another jurisdiction; and

    (b)the hiring begins in that jurisdiction and is completed in the ACT; and

    (c)the hiring is of a kind that the person is authorised to operate under the law of that jurisdiction.

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

60OPretending to be an accredited hire car service operator

  1. A person must not pretend to be accredited under the regulations to operate a hire car service.

    Maximum penalty:  30 penalty units.

  2. A person must not pretend to be accredited under the regulations to operate a particular kind of hire car service.

    Maximum penalty:  30 penalty units.

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

Division 5B.4            Regulation of hire car services

60PRegulations about operation of hire car services by accredited people

The regulations may make provision in relation to the operation of hire car services by accredited hire car service operators, including, for example—

(a)the supervision and monitoring of drivers of hire cars operated by an accredited hire car service operator for compliance with the service standards and the responsibilities of the operator in relation to a failure to comply with the standards; and

(b)the safety of passengers (including, for example, particular kinds of security devices) and the public; and

(c)the qualifications, training and experience of accredited hire car service operators and hire car drivers (including, for example, in relation to particular kinds of hire car services); and

(d)maximum driving times and minimum rest times of hire car drivers; and

(e)insurance; and

(f)customer complaints and inquiries; and

(g)lost property; and

(h)the operation of particular kinds of hire cars and hire car services; and

(i)the requirements that hire cars, and their equipment and fittings (internal and external) (including, for example, baby capsules), must comply with; and

(j)the maintenance and cleaning of hire cars; and

(k)the making and keeping of records and their inspection; and

(l)the auditing of records and systems; and

(m)the display of licences; and

(n)requirements for display of accreditation numbers on advertisements for the service; and

(o)the provision of information and reports to the road transport authority.

NoteAn example is part of the Act, 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).

60QRegulations about operation of hire cars

The regulations may make provision in relation to the operation of hire cars, including, for example—

(a)the solicitation of passengers or hirings; and

(b)the hiring of vehicles; and

(c)the picking-up and dropping-off of passengers and other matters relating to the transport of passengers; and

(d)the transport of passengers’ luggage or other goods, and animals; and

(e)the regulation or prohibition of the use of vehicles on certain roads or road related areas; and

(f)the maximum speed of a vehicle; and

(g)the design, equipment and fittings (internal or external) of vehicles; and

(h)the regulation or prohibition of notices, signs and advertisements inside or on the outside of vehicles; and

(i)the records to be made and kept by drivers, how they are to be made and kept, and their inspection; and

(j)approval of uniforms or industry codes of practice for dress standards.

NoteAn example is part of the Act, 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).

60RRegulations about hire car drivers

The regulations may make provision in relation to hire car drivers, including, for example—

(a)the powers, duties and conduct of hire car drivers; and

(b)the training of drivers; and

(c)how hire car drivers must dress.

Note 1For the licensing of people to drive hire cars, see the Road Transport (Driver Licensing) Regulations 2000.

Note 2An example is part of the Act, 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).

60SRegulations about conduct of hire car passengers

The regulations may make provision in relation to the conduct of passengers being carried by hire cars, including, for example the authority of hire car drivers, police officers and authorised people to direct people contravening a regulation to leave a hire car and to remove them if they fail to leave.

NoteAn example is part of the Act, 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).

  1. New section 60T

    in part 6, insert

60TUnauthorised public passenger services

  1. A person must not use a vehicle for the transport of passengers for a fare or other consideration along a road or road related area.

    Maximum penalty:  50 penalty units.

  2. This section does not apply to the person if—

    (a)the monetary or other consideration receivable by the person is not more than the cost of operating the vehicle to transport the passengers; or

    (b)the person is entitled under this Act to operate the public passenger service being operated by the person.

    Examples for par (a)

    1A car pool in which participants share the costs of operating the vehicle for the car pool.

    2Helen is a member of Bush Hikers Anonymous.  She carries 2 other members in her car to a club walk.  The 2 other members pay Helen part of the costs of operating her car for the club walk.

    Note 1For the entitlement of a person to operate a public passenger service, see the following provisions of this Act:

    ·     s 18 and s 19 (bus services)

    ·     s 51 (taxi services)

    ·     s 60M (hire car services).

    Note 2This section also does not apply if the person is exempted from the operation of this section under s 64 or s 65.

    Note 3An example is part of the Act, 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. New section 65A

    in part 6, insert

65AReferences to Motor Traffic Act, Traffic Act etc

  1. In any Act, instrument made under an Act or document, a reference to an earlier law is, in relation to anything to which this Act applies, a reference to this Act.

  2. In this section:

    earlier law means any of the following:

    (a)Motor Traffic Act 1936;

    (b)Motor Traffic Regulations 1934;

    (c)Road Transport (Bus Services) Regulations 2000;

    (d)Road Transport (General) Act 1999;

    (e)Road Transport (Hire Vehicle Services) Regulations 2000;

    (f)Road Transport (Taxi Services) Regulations 2000.

  3. New part 7

    insert

Part 7Transitional provisions

  1. Definitions for pt 7

    In this part:

    annual weddings and school formals licence means a restricted hire vehicle operator’s licence issued for 1 year under the General Act for providing hire car services for weddings and school formals.

    commencement means the commencement of this part.

    General Act means the Road Transport (General) Act 1999, as in force immediately before the commencement.

  2. Transitional regulations

  3. The regulations may prescribe savings or transitional matters necessary or convenient to be prescribed because of the enactment of part 5A (Licensing of hire cars) and part 5B (Hire car services).

  4. Without limiting the scope of subsection (1), the regulations may prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the provisions of part 5A, part 5B and this part.

  5. Regulations made for this section must not be taken to be inconsistent with—

    (a)this Act as far as they can operate concurrently with this Act; or

    (b)any other provision of the road transport legislation as far as they can operate concurrently with the provision.

  6. This section is additional to, and does not limit, section 68 (Modification of pt 7’s operation).

  7. Modification of pt 7’s operation

    The regulations may modify the operation of this part to make provision in relation to any matter that, in the Executive’s opinion, is not, or not adequately, dealt with in this part.

  8. Continuation of hire car licences

  9. This section applies to a person who, immediately before the commencement, was the holder of—

    (a)a private hire car operator’s licence under the General Act; or

    (b)an annual weddings and school formals licence.

  10. The person is taken, after the commencement—

    (a)for a person mentioned in subsection (1) (a)—to be the holder of a hire car licence (other than a restricted hire car licence) issued under this Act; or

    (b)for a person mentioned in subsection (1) (b)—to be the holder of a restricted hire car licence issued under this Act.

  11. If the licence held by the person was, immediately before the commencement, subject to conditions, the licence the person is taken to hold under subsection (2) is taken to be subject to the conditions.

  12. The term of a restricted hire vehicle operator’s licence that is taken to be a restricted hire car licence issued under this Act is taken to be the unexpired term of the licence before the commencement.

  13. Interim accreditation of existing hire car operators

  14. This section applies to a person who—

    (a)immediately before the commencement, operated a hire car service (other than a restricted hire car service) within the meaning of this Act; or

    (b)immediately before the commencement, was the holder of an annual weddings and school formals licence.

  15. The person is taken, after the commencement—

    (a)for a person mentioned in subsection (1) (a)—to be accredited under the regulations to operate a hire car service; or

    (b)for a person mentioned in subsection (1) (b)—to be accredited under the regulations to operate a restricted hire car service.

  16. The accreditation the person is taken to hold under subsection (2) may be varied or ended by the road transport authority in accordance with the regulations.

  17. If the accreditation a person mentioned in subsection (1) (a) or (b) is taken to hold under subsection (2) has not been ended in accordance with the regulations, the accreditation ends 1 year after the day this section commences.

  18. Interim accreditation of tour and charter service operators

  19. This section applies to a person who was taken to be an accredited tour and charter service operator under section 83 (Existing small buses) immediately before the section’s expiry.

    NoteSection 83 expired on 1 June 2003.

  20. The person is taken, after the commencement, to be accredited under the regulations to operate a restricted hire car service.

  21. The person is taken, after the commencement, to be the holder of a restricted hire car licence issued under the regulations.

  22. If the accreditation or licence the person is taken to hold under subsection (2) or (3) has not been ended in accordance with the regulations, the accreditation or licence ends 1 year after the day this section commences.

  23. Expiry of pt 7

    This part expires 1 year after the day this section commences.

  24. Parts 5A to 7

    renumber parts, divisions and sections when Act next republished under Legislation Act 2001

  25. Dictionary

    insert

    accredited hire car service operator means accredited under the regulations to operate a hire car service.

    hire car—see section 60G.

    hire car licence—see section 60A.

    hire car service—see section 60I.

  26. Dictionary, definition of holder

    substitute

    holder, of a service contract, for part 2 (Bus services), means the person who (apart from the road transport authority) is a party to the contract.

  27. Dictionary, definition of licence

    omit

  28. Dictionary, definition of public passenger vehicle

    substitute

    public passenger vehicle means a public bus, taxi or hire car.

  29. Dictionary

    insert

    restricted hire car—see section 60H.

    restricted hire car licence—see section 60B.

    restricted hire car service—see section 60J.

Part 3Domestic Animals Act 2000

  1. Act amended—pt 3

    This part amends the Domestic Animals Act 2000.

  2. Dictionary
    Section 3, note 1

    substitute

    Note 1The dictionary at the end of this Act defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

    For example, the signpost definition ‘permit, for part 3 (Dogs and Cats)—see section 73 (Meaning of de-sex and permit for pt 3).’ means the expression ‘permit’ is defined in section 73 and applies to part 3.

  3. Dictionary, definition of public place

    substitute

    public place—

    (a)see the Roads and Public Places Act 1937, dictionary; and

    (b)includes a public passenger vehicle under the Road Transport (Public Passenger Services) Act 2001.

    NoteA public passenger vehicle is a public bus, taxi or hire car.

  4. Dictionary, definition of public vehicle

    omit


Part 4Road Transport (Driver Licensing) Act 1999

  1. Act amended—pt 4

    This part amends the Road Transport (Driver Licensing) Act 1999.

  2. Definitions—the dictionary
    Section 4, note 1

    substitute

    Note 1The dictionary at the end of this Act defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or elsewhere in the road transport legislation.

    For example, the signpost definition ‘road transport legislation—see the Road Transport (General) Act 1999, section 6.’ means the expression ‘road transport legislation’ is defined in that section and the definition applies to this Act.

  3. Dictionary, definition of public vehicle

    substitute

    public vehicle means a public passenger vehicle under the Road Transport (Public Passenger Services) Act 2001.

    NoteA public passenger vehicle is a public bus, taxi or hire car.

Part 5Road Transport (General) Act 1999

  1. Act amended—pt 5

    This part amends the Road Transport (General) Act 1999.

  2. Public vehicles
    Part 9

    omit

  3. Definitions for pt 10
    Section 158, definition of public vehicle

    substitute

    public vehicle means a public passenger vehicle under the Road Transport (Public Passenger Services) Act 2001.

    NoteA public passenger vehicle is a public bus, taxi or hire car.

  4. New section 216A

    in division 10.12, insert

216AMeaning of accredited operator

In this division:

accredited operator, of a public vehicle, means a person who is accredited under the Road Transport (Public Passenger Services) Act 2001 to operate the public passenger service for which the vehicle is operated.

  1. Public vehicle insurance compulsory
    Section 217

    omit

    owner

    substitute

    accredited operator

  2. Public vehicle policies
    Section 218

    omit

    owner

    substitute

    accredited operator

  3. Section 235

    substitute

  4. References to Motor Traffic Act, Traffic Act etc

  5. In any Act, instrument made under an Act or document, a reference to an earlier law is, in relation to anything to which this Act applies, a reference to this Act.

  6. In this section:

    earlier law means any of the following:

    (a)Motor Traffic Act 1936;

    (b)Motor Traffic Regulations 1934;

    (c)Motor Vehicle (Third Party Insurance) Regulations 1947;

    (d)Traffic Act 1937.

  7. Dictionary, new definition of accredited operator

    insert

    accredited operator, of a public vehicle, for division 10.12 (Additional insurance for public vehicles)—see section 216A.

  8. Dictionary, definitions of private hire car, private hire car operator’s licence and public bus

    omit

  9. Dictionary, definition of public vehicle

    substitute

    public vehicle, for part 10 (Compulsory insurance)—see section 158.

  10. Dictionary, definitions of restricted hire vehicle, restricted hire vehicle operator’s licence, sightseeing vehicle operator’s licence and taxi

    omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 3 April 2003.

  2. Notification

    Notified under the Legislation Act on 9 September 2004.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport (Public Passenger Services) (Hire Cars) Amendment Bill 2004, which originated in the Legislative Assembly as the Road Transport (Public Passenger Services) Amendment Bill 2003 and was passed by the Assembly on 26 August 2004.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2004

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