Transport (Amendment) Act 1987 (NSW)

TRANSPORT (AMENDMENT) ACT 1987 No. 296

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.      Amendment of Act No. 18, 1930

SCHEDULE 1—AMENDMENTS RELATING TO SERVICE LICENCES

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW REVISION

TRANSPORT (AMENDMENT) ACT 1987 No. 296

NEW SOUTH WALES

Act No. 296, 1987

An Act to amend the Transport Act 1930 with respect to the granting of service licences and the conditions to which those licences are subject. [Assented to 16 December 1987]

See also State Transport (Co-ordination) Amendment Act 1987; Transport (Division of Functions) Amendment Act 1987.

2   Act No. 296

Transport (Amendment) 1987

The Legislature of New South Wales enacts:

Short title

1.     This Act may be cited as the Transport (Amendment) Act 1987.

Amendment of Act No. 18, 1930

2. The Transport Act 1930 is amended as set out in Schedules 1 and 2.

SCHEDULE 1-AMENDMENTS RELATING TO SERVICE

LICENCES

(Sec. 2)

(1) Section 4 (Definitions)—

(a)	Section 4(1), definition of "Public vehicle"— Omit the definition, insert instead:

"Public vehicle" means a motor vehicle—

(a) used or let or intended to be used or let; or
(b) plying or travelling or standing in a public street,
for the conveyance of passengers for hire or for any
consideration or in the course of any trade or business, but
does not include a vehicle used or let as referred to in
subsection (3) or a vehicle of any prescribed class or

description.

(b)	Section 4 (3)— After section 4 (2), insert:
(3) A vehicle which is used or let for hire or for any consideration for the conveyance of goods or for some other purpose is not, for the purposes of this Act, a public vehicle merely because, incidentally to the purpose for which it is used or let, it is used to convey any passenger.

(2) Section 12 (Supervision and regulation of road transport and bus

services)—

Section 12 (2)—
Omit the subsection.

Transport (Amendment) 1987

SCHEDULE 1—AMENDMENTS RELATING TO SERVICE

LICENCES—continued

(4) Section 137 (Service licence)—

(a)	Section 137(3), (4)— Omit the subsections, insert instead:

(3) In determining whether or not any application for a service licence should be granted, the Commissioner shall have regard primarily to the extent to which the service is necessary or desirable in the public interest, but shall also take into consideration (where applicable)—

(a)	the suitability of the route on which a service may be provided under the licence;
(b)	the extent, if any, to which the needs of the locality are already adequately served;
(c)	the need to avoid unnecessary or wasteful competition or overlapping of services;
(d)	the needs of the locality as a whole in relation to traffic and the co-ordination of all forms of transport, including transport by means other than by road;
(e)	the condition and suitability of the roads to be traversed with regard to their capacity to carry the omnibuses involved in the service—

(i) without unreasonable damage to those roads;

(ii) without

creating