Transport (Road Passenger Services) Amendment Regulations (No. 3) 2024 (WA)
Western Australia
Transport (Road Passenger Services) Act 2018
Western Australia
Transport (Road Passenger Services) Act 2018
Made by the deputy of the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published on the WA legislation website;
(b) Part 2 — on 2 December 2024;
(c) Part 3 — on 1 March 2025;
(d) the rest of the regulations — on 1 October 2025.
These regulations amend the
In regulation 120(2) after “122(1))” insert:
or a PTSS smartcard (as defined in regulation 130A)
After Part 8 Division 3 Subdivision 2 insert:
In this Subdivision —
(a) a mobile phone;
(b) an electronic device fitted into an on‑demand rank or hail vehicle;
(a) a PTSS electronic device; or
(b) the part of the Department’s website that allows for the entry of information about PTSS journeys;
(a) is made as part of an on‑demand passenger transport service; and
(b) transports a PTSS passenger using an on‑demand rank or hail vehicle; and
(c) is carried out substantially in accordance with the guidelines;
The CEO may, in accordance with the guidelines, issue a PTSS smartcard to a person.
The CEO may, in accordance with the guidelines, pay a subsidy to a person in relation to the fare for a PTSS journey.
A person must not provide a driver of an on‑demand rank or hail vehicle a PTSS smartcard as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare unless the person is a PTSS passenger and the PTSS smartcard is held by the person.
Penalty: a fine of $9 000.
A driver of an on‑demand rank or hail vehicle must not accept a PTSS smartcard from a person as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare if the driver knows, or ought to know, that the person is not a PTSS passenger.
Penalty: a fine of $9 000.
A driver of an on‑demand rank or hail vehicle or the provider of an on‑demand booking service must not enter information about a PTSS journey into a PTSS electronic interface that the driver or provider knows, or ought to know, is false or misleading in a material particular.
Penalty:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
A driver of an on‑demand rank or hail vehicle must not cause or permit a person, other than the following persons, to enter information about a PTSS journey into a PTSS electronic interface —
(a) the provider of an on‑demand booking service that provided an on‑demand booking service for the PTSS journey;
(b) an employee or agent of the provider.
Penalty: a fine of $9 000.
A provider of an on‑demand booking service must not cause or permit a person, other than the following persons, to enter information about a PTSS journey into a PTSS electronic interface —
(a) the driver of the on‑demand rank or hail vehicle used for the journey;
(b) an employee or agent of the provider.
Penalty:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
A person must not make a claim for payment of a subsidy under regulation 130C other than in relation to a PTSS journey.
Penalty:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
(1) In this regulation —
(a) the day and time at which the booking for the journey was taken or facilitated;
(b) the day of the journey and the times it began and ended;
(c) the locations where the journey began and ended;
(d) the driver’s relevant driver authorisation number;
(e) the vehicle licence number of the vehicle used in the journey;
(f) the booking reference number allocated to the journey by the provider that enables the journey to be identified;
(g) the number of passengers carried who were seated in a wheelchair (if any);
(h) the total amount of the fare for the journey;
(i) the amount of the subsidy for the fare for the journey.
(2) The provider of an on‑demand booking service must give the aggregated journey data for the provider for each month to the CEO within 7 business days after the end of the month, in a manner and form approved by the CEO.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
(3) The CEO may, by written notice given to the provider of an on‑demand booking service, require the provider to give to the CEO, on or before a day specified in the notice, in a manner and form specified in the notice, any other information in relation to PTSS journeys in respect of which the provider provided an on‑demand booking service that is required by the CEO.
(4) The provider of an on‑demand booking service given a notice under subregulation (3) must comply with the notice.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
(1) This regulation applies in relation to all or part of a subsidy paid under regulation 130C that should not have been paid.
(2) The CEO may recover the subsidy or part, in a court of competent jurisdiction as a debt due to the Crown, from the person to whom the subsidy or part was paid.
(1) The CEO may approve guidelines for the purposes of this Subdivision.
(2) The CEO must publish the approved guidelines on the Department’s website.
After Schedule 6 item 63 insert:
63A. | r. 130D | Falsely providing PTSS smartcard | $900 | |
63B. | r. 130E | Accepting PTSS smartcard from person who is not a PTSS passenger | $1 800 | |
63C. | r. 130F | Entering false or misleading information into PTSS electronic interface | $1 800 | $6 000 |
63D. | r. 130G | Driver causing or permitting another person to enter particular information into PTSS electronic interface | $900 | |
63E. | r. 130H | Provider causing or permitting another person to enter particular information into PTSS electronic interface | $900 | $1 800 |
63F. | r. 130I | False claim for payment | $1 800 | $6 000 |
63G. | r. 130J(2) | Failure to provide aggregated journey data | $1 200 | $4 000 |
63H. | r. 130J(4) | Failure to comply with notice | $1 200 | $4 000 |
After regulation 130D insert:
A driver of an on‑demand rank or hail vehicle must not refuse to accept a PTSS smartcard as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare if the payment or part‑payment is in accordance with the guidelines.
Penalty: a fine of $9 000.
The following persons must not direct a driver of an on‑demand rank or hail vehicle to refuse to accept a PTSS smartcard as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare if the payment or part‑payment is in accordance with the guidelines —
(a) the provider of an on‑demand booking service;
(b) the provider of an on‑demand passenger transport service;
(c) the provider of an on‑demand rank or hail vehicle.
Penalty:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
After regulation 130H insert:
(1) The provider of an on‑demand booking service for the use of an on‑demand rank or hail vehicle must ensure the vehicle is fitted with a PTSS electronic device that is not a mobile phone.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
(2) The provider of the on‑demand booking service does not commit an offence under subregulation (1) if —
(a) the provider has —
(i) informed the Department, in accordance with the guidelines, that when the on‑demand rank or hail vehicle is being driven to provide an on‑demand passenger transport service it will contain a PTSS electronic device that is a mobile phone; and
(ii) informed the driver of the vehicle that the vehicle must contain a PTSS electronic device that is a mobile phone when the vehicle is being driven to provide an on‑demand passenger transport service;
or
(b) the provider has a reasonable excuse.
(1) The driver of an on‑demand rank or hail vehicle must ensure that when the vehicle is being driven to provide an on‑demand passenger transport service it contains or is fitted with a PTSS electronic device.
Penalty for this subregulation: a fine of $9 000.
(2) The driver of an on‑demand rank or hail vehicle does not commit an offence under subregulation (1) if the driver has a reasonable excuse.
(1) After Schedule 6 item 63A insert:
63AA. | r. 130DA | Refusing PTSS smartcard | $900 | $1 800 |
63AB. | r. 130DB | Directing driver to refuse PTSS smartcard | $900 | $1 800 |
(2) After Schedule 6 item 63E insert:
63EA. | r. 130HA | Failure to fit vehicle with PTSS electronic device that is not a mobile phone | $900 | $3 000 |
63EB. | r. 130HB | Failure to ensure vehicle contains or is fitted with PTSS electronic device | $900 |
In regulation 122(1) in the definition of
(other than this State)
N. HAGLEY, Clerk of the Executive Council
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