Version No. 011
Transport (Passenger Vehicles) Regulations 2005
S.R. No. 66/2005
Version incorporating amendments as at 1 July 2007
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1Objective
2Authorising provisions
3Commencement
4Definitions
5Application of regulations to employees and policeetc.
Part 2—Driver Accreditation, Licences and Record Keeping Requirements
Division 1—Driver accreditation
6Prescribed class of person to give medical certificate
7Test of acuteness of vision
8–15Revoked
Division 2—Licences
16When a licence must be returned
17Duplicate licence may be issued
Division 3—Record keeping
18Records to be kept by a licence holder
19Records to be kept by an accredited person
Part 3—Vehicles
20Vehicle specifications
21Vehicle modifications not permitted without approval
22Inspection of vehicles operated by licence holders
23Inspection of vehicles operated by accredited persons
24Damaged vehicle not to be used until safe
25Operating doors
26Damage
27Fire
28Applying brake or emergency device
29Operating equipment or vehicle
Part 4—Plates, Signs and Devices etc.
30Number plates, signs, symbols, notices and labels
31Devices and signs for school buses
32Destination sign and route number to be displayed
33Fire extinguishers
Part 5—Vehicle Operations
Division 1—Passenger numbers
34Maximum number of passengers
Division 2—Other driver obligations
35Driver must not drink alcohol
36Driver to remain with vehicle
37Picking up and setting down passengers
38Dress and appearance of drivers
39Doors of vehicle to be closed when moving
40Driver's ticketing obligations
41Property in vehicle
Division 3—Fares, tickets and timetables
42Fares and timetables
43Issue of tickets
44–46Revoked
47Passenger without ticket may be asked to leave
48Fares—children under 4 may travel free
49Concession fares—children 4 and over and under 15
50Fares—responsibility of passenger for child under15
51Revoked
Division 4—Passenger behaviour
52No smoking
53No gambling
54No musical instruments to be played
55Restrictions on operation of sound equipment
56No selling and busking etc.
57No drinking liquor or possessing open liquor containers
58No littering
59No spitting
60No graffiti
61No offensive language or behaviour
62No annoying things to be brought onto vehicle
63No protrusion of body or object from vehicle
64No dropping or throwing of objects
65Blocking of doors prohibited
66Entering and leaving
67No mounting of places not intended for travel etc.
68No travelling in places not intended for travel etc.
69No interference with the comfort of others
70No obstruction of driver
71Driver may refuse to carry certain passengers
Division 5—General
72Carriage of animals
73Dogs not to occupy seats
Part 6—General
74Exemption from licensing requirement
75Expiry
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SCHEDULES
SCHEDULE 1—Test of Acuteness of Vision
1Chart
2Type of chart and position
3Taking the test
4Required vision standards
SCHEDULE 2—Vehicle Specifications
Part 1—Requirements Applicable to All Vehicles
1Application
2Stability
3No undue noise or vibration
4Seats
5Handholds
6Electrical wiring must be safe
Part 2—Additional Requirements
7Application
8Construction and maintenance of vehicle body
9Seats
10Floors
11Interior lighting
12Windows
13Notices to be fixed on or in the vehicle
14Engine compartment
15Segregation of engine department and other heat sources
16Vehicle fuel filler pipe
17Fuel tank
18Fuel system fittings
19No flammable material near exhaust system
Part 3—Additional Requirements for Omnibuses and Private buses
20Stability
21Device to remove windscreen condensation
22Exposed bars above or behind seat
23Equipment or device must enable view of passengers
24Luggage rack must be safe
PART 4—ADDITIONAL REQUIREMENTS FOR PUBLIC COMMERCIAL PASSENGER VEHICLES
25Bulkhead behind driver's seat
SCHEDULE 3—Application of Third Edition Australian DesignRules (ADR) to Vehicles Manufactured Before 1July 1988
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 011
Transport (Passenger Vehicles) Regulations 2005
S.R. No. 66/2005
Version incorporating amendments as at 1 July 2007
1
Transport (Passenger Vehicles) Regulations 2005
S.R. No. 66/2005
Part 1—Preliminary
1Objective
The objective of these Regulations is to regulate the operation of buses, hire cars and other small passenger vehicles (other than taxi-cabs) to facilitate—
(a)the safe and efficient operation of those vehicles; and
(b)comfortable and convenient travel on those vehicles.
2Authorising provisions
These Regulations are made under sections 162 and 256 of the Transport Act 1983.
3Commencement
(1)These Regulations, except regulation 40, come into operation on 28 June 2005.
(2)Regulation 40 comes into operation on 1 January 2006.
4Definitions
r. 4
In these Regulations—
Reg. 4 def. of accreditationamended by S.R. No. 68/2007 reg.5(a).
accreditation means accreditation to operate a service under Part 2 of the Public Transport Competition Act 1995;
Note
This accreditation differs from driver accreditation as defined in section 86(1) of the Act.
accredited person means a person who holds an accreditation under Part 2 of the Public Transport Competition Act 1995;
Reg. 4 def. of commercial passenger vehiclerevoked by S.R. No. 68/2007 reg.5(c).
*****
Reg. 4 def. of driver's certificaterevoked by S.R. No. 68/2007 reg.5(c).
*****
Reg. 4 def. of licenceamended by S.R. No. 68/2007 reg.5(d).
licencemeans a licence issued under the Act to operate a commercial passenger vehicle (other than a taxi-cab);
licence holdermeans a person who holds a licence for a commercial passenger vehicle other than a taxi-cab;
licensed tester means—
(a)a person who holds a tester's licence issued under Part 6 of the Road Safety (Vehicles) Regulations 1999[1] authorising the person to examine and test buses; or
(b)a person approved as a licensed tester by the Secretary;
omnibusmeans a commercial passenger vehicle with a seating capacity of more than 7passengers, not including the driver;
Reg. 4 def. of private omnibussubstituted asprivate busby S.R. No. 68/2007 reg.5(b).
private bus means a motor vehicle that is used for operating a private bus service;
Reg. 4 def. of public commercial passenger vehiclerevoked by S.R. No. 68/2007 reg.5(c).
*****
r. 4
public passenger vehicle has the same meaning as in the Public Transport Competition Act 1995;
regular passenger service has the same meaning as in the Public Transport Competition Act 1995;
the Act means the Transport Act 1983;
Reg. 4 def. of ticket validating machinesubstitutedby S.R. No.86/2006 reg.4(Sch. item 2.2).
ticket validating machine means a machine which is designed and intended to be used to electronically record information about a ticket when the ticket is inserted into the machine, or presented to the machine for scanning, regardless of whether or not at any particular time the machine is in working order;
Reg. 4 def. of vehicleamended by S.R. No. 68/2007 reg.5(e).
vehiclemeans a commercial passenger vehicle (other than a taxi-cab) and a private bus.
Reg. 5 amendedby S.R. No.86/2006 reg.4(Sch. item 2.1).
5Application of regulations to employees and policeetc.
r. 5
The offences in these Regulations (except the offences in Division 2 of Part 5) do not applyin relation to anything done in the course of his or her duties by—
(a)a person employed by a bus company who has duties in relation to the issue, inspection or collection of tickets for, or the operation of, a vehicle operated by the bus company;
(b)a member of the police force;
Reg. 5(c) amended by S.R. No. 68/2007 reg.9(2).
(c)any person appointed in writing by a bus company, the Secretary or the Director for the purposes of these Regulations;
(d)an employee, contractor or agent of a bus company.
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Pt 2 (Heading) substituted by S.R. No. 68/2007 reg.6.
Part 2—Driver Accreditation, Licences and Record Keeping Requirements
Pt 2 Div. 1 (Heading and regs 615) substituted by S.R. No. 68/2007 reg.7.
Division 1—Driver accreditation
Reg. 6 substituted by S.R. No. 68/2007 reg.7.
6Prescribed class of person to give medical certificate
For the purposes of section 167(2)(a) of the Act, a prescribed class of person is a registered medical practitioner within the meaning of the Health ProfessionsRegistration Act 2005.
Reg. 7 substituted by S.R. No. 68/2007 reg.7.
7Test of acuteness of vision
For the purposes of section 167(2)(b) of the Act, the prescribed vision acuteness test is the test set out in Schedule 1.
Regs 8–15 revoked by S.R. No. 68/2007 reg.7.
*****
Division 2—Licences
Reg. 16 amended by S.R. No. 68/2007 reg.9(1).
16When a licence must be returned
r. 6
A licence holder must return the licence to the Director within 7 days after any of the following matters occur—
(a)the licence becomes illegible, altered or defaced;
Reg. 16(b) amended by S.R. No. 68/2007 reg.9(1).
(b)the Director notifies the holder in writing, by post addressed to the holder at the address shown on the licence, that the licence is suspended or revoked;
(c)the holder changes the address shown on the licence as the holder's address;
(d)the holder changes the seating capacity of the vehicle to which the licence relates.
Penalty:10 penalty units.
Reg. 17 amended by S.R. No. 68/2007 reg.9(1).
17Duplicate licence may be issued
r. 17
The Director may issue a duplicate licence if he or she is satisfied that the licence is altered, defaced or illegible or that it has been lost, stolen or destroyed.
Division 3—Record keeping
18Records to be kept by a licence holder
(1)A licence holder of a vehicle must keep the following records—
(a)an up to date record of the name, address, driver licence number and driver certificate number of every person who drives the vehicle; and
(b)any other records that the licence holder is required to keep as a condition of the licence.
Penalty:10 penalty units.
(2)A licence holder must keep the records referred to in subregulation (1)—
Reg. 18(2)(a) amended by S.R. No. 68/2007 reg.9(1).
(a)at an address approved by the Director; and
(b)for a period of at least 3 years from the date the last entries in the records were made.
Penalty:10 penalty units.
(3)A licence holder must keep the records referred to in subregulation (1) in the English language.
Penalty:5 penalty units.
Reg. 18(4) amended by S.R. No. 68/2007 reg.9(1).
(4)A licence holder must make the records referred to in subregulation (1) available for inspection on demand to a member of the police force, the Director or a person approved by the Director.
Penalty:10 penalty units.
Reg. 18(5) amended by S.R. No. 68/2007 reg.9(1).
(5)If asked by a member of the police force, the Director or a person approved by the Director, a licence holder must give the member or person an accurate copy of any part or all of the records within a reasonable time.
Penalty:10 penalty units.
19Records to be kept by an accredited person
r. 19
(1)An accredited person must keep up to date records of the name, address, driver licence number and driver certificate number of every person who drives a vehicle operated by the accredited person.
Penalty:10 penalty units.
(2)An accredited person must keep the records referred to in subregulation (1)—
Reg. 19(2)(a) amended by S.R. No. 68/2007 reg.9(1).
(a)at an address approved by the Director; and
(b)for a period of at least 3 years from the date the last entries in the records were made.
Penalty:10 penalty units.
(3)An accredited person must keep the records referred to in subregulation (1) in the English language.
Penalty:5 penalty units.
Reg. 19(4) amended by S.R. No. 68/2007 reg.9(1).
(4)An accredited person must make the records available for inspection on demand to a member of the police force, the Director or a person approved by the Director.
Penalty:10 penalty units.
Reg. 19(5) amended by S.R. No. 68/2007 reg.9(1).
(5)If asked by a member of the police force, the Director or a person approved by the Director, an accredited person must give the member or person an accurate copy of any part or all of the records within a reasonable time.
r. 19
Penalty:10 penalty units.
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Part 3—Vehicles
20Vehicle specifications
r. 20
(1)A licence holder of a vehicle must—
(a)ensure that the vehicle complies with all the specifications set out in Schedule 2 that apply to the vehicle; and
(b)if the vehicle was manufactured before 1July 1988, ensure that it also complies with the Australian Design Rule requirements set out in Schedule 3 (as modified by that Schedule).
Penalty:20 penalty units.
(2)An accredited person who operates a public passenger vehicle must—
(a)ensure that the vehicle complies with all the specifications set out in Schedule 2 that apply to that vehicle; and
(b)if the vehicle was manufactured before 1July 1988, ensure that it also complies with the Australian Design Rule requirements set out in Schedule 3 (as modified by that Schedule).
Penalty:20 penalty units.
Reg. 20(3) amended by S.R. No. 68/2007 reg.9(1).
(3)An officer of the Roads Corporation appointed for the purpose or a person approved by the Director may exempt a vehicle from any requirement set out in Schedule 2 or 3 that applies to the vehicle if, in the officer's or person's opinion, the requirement is inappropriate because of—
(a)the nature or construction of the vehicle; or
(b)the circumstances in which the vehicle is licensed to operate; or
(c)the kind of service the vehicle is used by an accredited person to provide.
21Vehicle modifications not permitted without approval
Reg. 21(1) amended by S.R. No. 68/2007 reg.9(1).
r. 21
(1)A licence holder of a vehicle must not, without the prior written approval of the Director—
(a)make, or allow to be made, any alteration to the construction or equipment of the vehicle; or
(b)install or attach any fitting or equipment to either the inside or outside of the vehicle.
Penalty:20 penalty units.
Reg. 21(2) amended by S.R. No. 68/2007 reg.9(1).
(2)Anaccredited person who operates a public passenger vehicle must not, without the prior written approval of the Director—
(a)make, or allow to be made, any alteration to the construction or equipment of the vehicle; or
(b)install or attach any fitting or equipment to either the inside or outside of the vehicle.
Penalty:20 penalty units.
Reg. 21(3) amended by S.R. No. 68/2007 reg.9(1).
(3)If an alteration has been made to the construction or equipment of a vehicle, the licence holder or accredited person must not use the vehicle or allow it to be used until the Director, or a person approved by the Director, has inspected the vehicle and found it to be fit for service.
Penalty:20 penalty units.
22Inspection of vehicles operated by licence holders
Reg. 22(1) amended by S.R. No. 68/2007 reg.9(1).
(1)The Director, a person approved by the Director or a member of the police force may direct a licence holder of a vehicle to produce the vehicle for inspection by any of the following—
Reg. 22(1)(a) amended by S.R. No. 68/2007 reg.9(1).
(a)the Director;
Reg. 22(1)(b) amended by S.R. No. 68/2007 reg.9(1).
(b)a person approved by the Director;
(c)a member of the police force;
(d)a licensed tester.
(2)A licence holder must comply with a direction given under subregulation (1).
r. 22
Penalty:15 penalty units.
(3)If a person who inspects the vehicle finds that it—
(a)is unsafe, unsuitable or unfit for use; or
(b)does not comply with the Act or these Regulations or with any condition of the relevant licence—
the person must serve a notice on the licence holder requiring the licence holder to fix the matters set out in the notice within a specified time.
(4)A notice under subregulation (3) must—
(a)include sufficient details to identify the vehicle to which it relates; and
(b)clearly set out the matters which must be fixed; and
(c)state a time and date after which the vehicle must not be operated unless the matter required to be fixed is fixed.
(5)If the licence holder of a vehicle subject to a notice given under subregulation (3) does not fix the matters set out in the notice within the time specified in the notice, the licence holder must not use, or allow to be used, the vehicle for carrying passengers for hire or reward until the matters set out in the notice have been fixed.
Penalty:20 penalty units.
Reg. 22(6) amended by S.R. No. 68/2007 reg.9(1).
(6)If inspection of a vehicle is required under subregulation (1), the Director may require the licence holder of the vehicle to provide to the Director the evidence that the holder receives from the person who inspected the vehicle that the vehicle has been inspected and the result of that inspection.
Reg. 22(7) amended by S.R. No. 68/2007 reg.9(1).
(7)The licence holder must provide the evidence of the inspection required under subregulation (6) to the Director within 7 days after receiving the evidence.
Penalty:5 penalty units.
23Inspection of vehicles operated by accredited persons
Reg. 23(1) amended by S.R. No. 68/2007 reg.9(1).
r. 23
(1)The Director or a person approved by the Director may direct an accredited person to produce for inspection by the Director or a licensed tester any public passenger vehicle operated by the accredited person.
(2)An accredited person must comply with a direction given under subregulation (1).
Penalty:15 penalty units.
(3)If a person who inspects the vehicle finds that it does not comply with any condition of accreditation, the person must serve a notice on the accredited person requiring the accredited person to fix the matters set out in the notice within a specified time.
(4)A notice under subregulation (3) must—
(a)include sufficient details to identify the vehicle to which it relates; and
(b)clearly set out the matters which must be fixed; and
(c)state a time and date after which the vehicle must not be operated unless the matter required to be fixed is fixed.
r. 23
(5)If the accredited person who operates a vehicle subject to a notice given under subregulation (3) does not fix the matters set out in the notice within the time specified in the notice, the accredited person must not use, or allow to be used, the vehicle to carry passengers for hire or reward until the matters set out in the notice have been fixed.
Penalty:20 penalty units.
Reg. 23(6) amended by S.R. No. 68/2007 reg.9(1).
(6)If inspection of a vehicle is required under subregulation (1), the Director may require the accredited person to provide to the Director evidence from the person who inspected the vehicle that the vehicle has been inspected and the result of that inspection.
Reg. 23(7) amended by S.R. No. 68/2007 reg.9(1).
(7)The accredited person must, within 7 days of receiving it, provide the evidence of the inspection required under subregulation (6) to the Director.
Penalty:5 penalty units.
24Damaged vehicle not to be used until safe
r. 24
(1)If a vehicle is damaged so as to become unsafe, the licence holder of the vehicle must not use it, or allow it to be used, to carry passengers for hire or reward until the vehicle is repaired and safe and fit for service.
Penalty:20 penalty units.
(2)If a public passenger vehicle is damaged so as to become unsafe, the accredited person who operates the vehicle must not use it, or allow it to be used, to carry passengers for hire or reward until the vehicle is repaired and safe and fit for service.
Penalty:20 penalty units.
(3)For the purposes of this regulation, a vehicle is to be taken to be unsafe if it—
(a)sustains damage to its steering, suspension or braking systems; or
(b)is damaged by fire.
25Operating doors
A person in or on a public commercial passenger vehicle, or a public passenger vehicle operated for the purpose of a regular passenger service, must not without reasonable excuse do any of the following—
(a)unlock a lock or open a locked door;
(b)lock any unlocked door;
(c)while the vehicle is in motion, open or hold open any door that provides access to the outside of the vehicle;
(d)prevent or attempt to prevent an automatic door from opening or closing;
(e)where the release mechanism of an automatic door is operated by the driver of the vehicle, open or attempt to open the automatic door before the release mechanism is operated by the driver;
(f)make use of any door in or on the vehicle in a manner likely to cause damage to the release or closing mechanism connected to the door.
Penalty:10 penalty units.
26Damage
r. 26
A person must not destroy, damage, deface, mutilate or injure a licence holder's or accredited person's vehicle or any equipment on or in that vehicle.
Penalty:15 penalty units.