Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 (Qld)

Queensland Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 Subordinate Legislation 2007 No. 66 made under the TransportOperations(PassengerTransport)Act1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Standard amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 1A, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of pt 2, hdg and s 4 . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Meaning of incident . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of s 8B (Medical fitness for restricted driver authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 14 (Customer service). . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 16 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Replacement of s 31 (Vehicle unable to complete journey) . . . . . 4 31 Obligations in relation to incident management plan and incident report . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 31A Requirements of incident management plan . . . . . . . 5 31B Requirements of incident report . . . . . . . . . . . . . . . . . 5 31C Review of incident management plan. . . . . . . . . . . . . 7 31D When ss 31 to 31C do not apply to operators of taxi services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Omission of pt 4, hdg (Transitional provisions). . . . . . . . . . . . . . . 7 10 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 8

s1 2 s4 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 No. 66, 2007 1 Short title This standard may be cited as the Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 . 2 Standard amended This standard amends the Transport Operations (Passenger Transport) Standard 2000. 3 Insertion of new pt 1A, hdg After section 2— insert— ‘Part 1A Interpretation’. 4 Replacement of pt 2, hdg and s 4 Part 2, heading and section 4— omit, insert— ‘4 Meaning of incident ‘(1) An incident is an event involving a relevant vehicle or the driver of, or a passenger in, a relevant vehicle and a relevant service if the event— (a) disrupts the provision of the relevant service for more than 30 minutes after the scheduled or agreed time for the provision of the relevant service; or (b) prevents the provision of the relevant service. ‘(2) An incident includes any of the following— (a) an event involving the relevant vehicle in which a person is injured or killed; (b) the breakdown of, or an accident involving, the relevant vehicle; (c) a fire in the relevant vehicle; (d) unsafe road conditions for the relevant vehicle;

s5 3 s6 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 No. 66, 2007 (e) a terrorist act or terrorism, within the meaning of the PolicePowersandResponsibilitiesAct2000 , section 211, involving the relevant vehicle or the driver of, or a passenger in, the relevant vehicle; (f) the use, or attempted or threatened use of, a chemical, explosive or weapon by a person in a way that involves the relevant vehicle or the driver of, or a passenger in, the relevant vehicle; (g) an assault or threat to the driver of, or a passenger in, the relevant vehicle; (h) a medical emergency involving the driver of, or a passenger in, the relevant vehicle. ‘(3) In this section— weapon means a weapon under the Weapons Act 1990 . ‘Part 2 Drivers’. 5 Amendment of s 8B (Medical fitness for restricted driver authorisation) Section 8B(1)(b), ‘ Transport Operations (Passenger Transport) Regulation 1994 ’— omit, insert— ‘passenger transport regulation’. 6 Amendment of s 14 (Customer service) (1) Section 14(3)— renumber as section 14(4). (2) Section 14— insert— ‘(3) If an incident happens, a driver of a relevant vehicle must tell passengers in the vehicle—

s7 4 s8 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 No. 66, 2007 (a) the reason for the disruption or prevention of the provision of the relevant service; and (b) the arrangements being made for the completion of the relevant service.’. 7 Amendment of s 16 (Definition) Section 16— omit, insert— ‘16 Definitions ‘In this part— incident management plan means a plan complying with section 31A. incident report means a report complying with section 31B(1).’. 8 Replacement of s 31 (Vehicle unable to complete journey) Section 31— omit, insert— ‘31 Obligations in relation to incident management plan and incident report ‘(1) An operator of a relevant service must— (a) have an incident management plan; and (b) comply with the plan; and (c) ensure there is, in each relevant vehicle, a copy of the parts of the plan relevant to the driver of the relevant vehicle. ‘(2) An operator of a relevant service must ensure an incident report about an incident is filled in within 24 hours after the incident happens. ‘(3) The operator must keep each incident report.

s8 5 s8 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 No. 66, 2007 ‘31A Requirements of incident management plan ‘An incident management plan must— (a) be in writing; and (b) set out procedures to be followed by the operator of a relevant service and employees of the operator, including the driver of a relevant vehicle, if an incident happens; and (c) state that, if an incident happens, a driver of a relevant vehicle must tell the operator of the relevant service and passengers in the relevant vehicle about the matters mentioned in section 14(3); and (d) state that, if an incident happens and the relevant service is a school service, the operator of the relevant service must, as soon as reasonably practicable— (i) tell the school about the matters mentioned in section 14(3); or (ii) if the school is unattended and the operator of the relevant service has reasonable access to the contact details of a parent of a student who is a passenger on the school service—tell the parent about the matters mentioned in section 14(3). ‘31B Requirements of incident report ‘(1) An incident report must— (a) be in writing; and (b) describe the incident by including all of the following— (i) the date, time and location of the incident; (ii) the type of incident; (iii) the estimated number of persons involved, injured or killed in the incident; (iv) if a person was injured in the incident—the apparent nature and extent of the person’s injuries;

s8 6 s8 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 No. 66, 2007 (v) if a relevant vehicle was damaged in the incident—the apparent nature and extent of the damage to the relevant vehicle; (vi) if help was required because of the incident—the nature of the help; Example of help — attendance of an ambulance, fire brigade, police officer or mechanic (vii) if a person mentioned in the incident management plan was told about the incident—the person’s name, the capacity in which the person was told about the incident and the date and time the person was told about the incident; and (c) describe the course of action taken in response to the incident, including the course of action taken to comply with the procedures mentioned in section 31A(c) and (d); and (d) outline any measures that could be taken to prevent a similar incident from happening in the future; and (e) state all of the following— (i) the operator’s name and operator accreditation number; (ii) the relevant vehicle’s certificate of inspection number; (iii) the name and driver authorisation number of the relevant vehicle’s driver; (iv) the registration number assigned to the relevant vehicle under the Transport Operations (Road UseManagement—VehicleRegistration)Regulation1999 , section 23(1)(a). ‘(2) In this section— certificate of inspection number means a unique identifying number for a certificate of inspection issued under the vehicle standards regulation .

s9 7 s9 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 No. 66, 2007 driver authorisation number means a unique identifying number for a driver authorisation, other than a restricted driver authorisation, granted under the passenger transport regulation, part 3. operator accreditation number means a unique identifying number for an operator accreditation granted under the passenger transport regulation, part 2 . ‘31C Review of incident management plan ‘(1) An operator of a relevant service must review an incident management plan at least once each year. ‘(2) The chief executive may, at any time, direct an operator of a relevant service to review the operator’s current incident management plan. ‘(3) The operator must comply with a direction under subsection (2). ‘(4) If, in a year, the chief executive gives a direction under subsection (2), the operator need not conduct a further review of the plan in the year. ‘(5) If an incident report includes measures mentioned in section 31B(1)(d), the operator must ensure information about the measures are included in the plan when the plan is next reviewed. ‘31D When ss 31 to 31C do not apply to operators of taxi services ‘Sections 31 to 31C do not apply to an operator of a taxi service if a service for the administration of taxi services takes bookings for the taxi service under a service contract.’. 9 Omission of pt 4, hdg (Transitional provisions) Part 4, heading— omit.

s 10 8 s 10 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2007 No. 66, 2007 10 Amendment of schedule (Dictionary) (1) Schedule, definitions relevant service and relevant vehicle — omit. (2) Schedule— insert— ‘ incident see section 4. incident management plan , for part 3, see section 16. incident report , for part 3, see section 16. injured means injured in a way that requires immediate medical attention or hospitalisation. passenger transport regulation means the Transport Operations (Passenger Transport) Regulation 2005. relevant service means a public passenger service for which operator accreditation is required. relevant vehicle means a vehicle providing a public passenger service for which driver authorisation is required.’. (3) Schedule, definition code of conduct , ‘ Transport Operations (Passenger Transport) Regulation 1994 ’— omit, insert— ‘passenger transport regulation’ . (4) Schedule, definition prescribed licence , paragraph (c)— omit. ENDNOTES 1 Made by the chief executive on 1 March 2007. 2 Approved by the Governor in Council on 26 April 2007. 3 Notified in the gazette on 27 April 2007. 4 Laid before the Legislative Assembly on . . . 5 The administering agency is the Department of Transport.

© State of Queensland 2007