New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990

- As at 1 November 2011
- Act 39 of 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Objects
   5.      Crown bound by Act
   5A.     Persons who may be accredited
   6.      Other public passenger vehicles
   6A.     (Repealed)
   6B.     Arrangements with ITSR for exercise of TfNSW’s safety functions

   PART 2 - CREDENTIALS OF OPERATORS AND DRIVERS (OTHER THAN TAXI-CABS AND PRIVATE HIRE VEHICLES)

           Division 1 - Accreditation of operators

   7.      Accreditation
   8.      Procedure
   9.      Style of accreditation
   9A.     Issue and renewal of accreditation
   9B.     Conditions of accreditation
   9C.     Accreditation conditions relating to drug and alcohol programs and testing
   9D.     Safety management systems for bus services
   10.     Variation, suspension or cancellation of accreditation

           Division 2 - Drivers’ authorities

   11.     Authorities
   11A.    Issue and renewal of authorities
   11B.    Conditions of authority
   12.     Criteria and procedure
   13.     Style of authority
   14.     Variation, suspension or cancellation of authority

           Division 3 - Fees

   15.     Fees for applications for, and renewals of, accreditations and authorities

           Division 4 - Application of Part

   15A.    Application of Part

   PART 3 - REGULAR PASSENGER SERVICES AND RAIL PASSENGER SERVICES

           Division 1 - Services to be supplied under contract

   16.     Service contracts

           Division 1A - Service contracts for regular ferry services

   16AA.   Application of Division
   16AB.   Service contracts for regular ferry services
   16AC.   Matters to be included in ferry service contracts
   16AD.   Performance standards
   16AE.   Determination of maximum fare pricing policy for ferry services

           Division 2 - Ferry services subject to existing contracts

   16A.    Application of Division
   17.     (Repealed)
   17A.    Service contracts for ferry services
   18.     Commercial and non-commercial contracts
   19.     Fares
   20.     Service levels
   21.     Exclusive rights
   22.     New services
   23.     Performance assessment and renewal of commercial contracts
   24.     Variation of region or route
   25.     Assignment of benefit of service contracts
   26.     Variation, suspension or cancellation of service contracts
   27.     Fee for service contract
   28.     Provisions of this Division form part of contract

           Division 3 - Regular bus services

              Subdivision 1 - General

   28A.    Application of Division

              Subdivision 2 - Service contracts for regular bus services

   28B.    Service contracts for regular bus services
   28C.    Performance standards
   28D.    Renewal of contract

              Subdivision 3 - Contract regions, strategic transport corridors, transitway routes and emergency routes

   28E.    Definitions
   28EA.   Bus service contract regions
   28EB.   Strategic transport corridors
   28F.    Variation of transitway descriptions
   28G.    Determination and variation of transitway routes
   28H.    Emergency routes
   28I.    Effect of creation of transitway routes or emergency routes

              Subdivision 4 - Fare determinations

   28J.    Determination of maximum fare pricing policy for regular bus services

           Division 4 - Rail services

   28K.    Rail services contract for rail services
   28L.    Performance standards

   PART 4 - TAXI-CABS

           Division 1 - Preliminary

   29.     Application of Part
   29A.    Definitions

           Division 2 - Taxi-cab services

   30.     Taxi-cab service requirements

           Division 3 - Taxi-cab operators

   31.     Accreditation
   31A.    Application for accreditation
   31B.    Grant or refusal of application
   31C.    Term of and renewal of accreditation
   31D.    Conditions of accreditation
   31E.    Statutory condition regarding service standards
   31F.    Variation, suspension or cancellation of accreditation
   31G.    Taxi-cab service to be linked to network booking service

           Division 4 - Taxi-cab licences

   32.     Licence
   32A.    Application for licence
   32B.    Grant or refusal of application
   32C.    Availability of annual licences (other than licences for wheelchair accessible taxi-cabs)
   32D.    Renewal of licences
   32DA.   Transfer of licences
   32DB.   Letting and subletting of licences
   32E.    Area of operation of licences
   32F.    Conditions of licence
   32G.    Variation, suspension or cancellation of licence
   32H.    Licence fees
   32I.    Licence fee for ordinary licence
   32J.    Licence fee for short-term licences
   32JA.   Licence fee for annual licences
   32K.    Stand-by taxi-cabs

           Division 5 - Taxi-cab drivers

   33.     Authorities
   33A.    Application for authorisation
   33B.    Grant or refusal of application
   33C.    Term of and renewal of authority
   33D.    Conditions of authority
   33E.    Statutory condition regarding network directions
   33F.    Variation, suspension or cancellation of authority

           Division 6 - Taxi-cab networks

   34.     Requirement for authorisation
   34A.    Application for authorisation
   34B.    Grant or refusal of application
   34C.    Term of and renewal of authorisation
   34D.    Conditions of authorisation
   34E.    Statutory conditions regarding affiliation and service standards
   34F.    Variation, suspension or cancellation of authorisation

           Division 7 - Miscellaneous

   35.     Designated directors and managers of corporations
   35A.    Exemptions regarding networks

   PART 4A - PRIVATE HIRE VEHICLES

           Division 1 - Preliminary

   36.     Application of Part
   36A.    Definitions

           Division 2 - Private hire vehicle services

   37.     Private hire vehicle service requirements

           Division 3 - Private hire vehicle operators

   38.     Accreditation
   38A.    Application for accreditation
   38B.    Grant or refusal of application
   38C.    Term of and renewal of accreditation
   38D.    Conditions of accreditation
   38E.    Variation, suspension or cancellation of accreditation

           Division 4 - Private hire vehicle licences

   39.     Licence
   39A.    Application for licence
   39B.    Grant or refusal of application
   39C.    Term of and renewal of licence
   39D.    Short-term licences
   39E.    Area of operation of licences
   39F.    Conditions of licence
   39G.    Variation, suspension or cancellation of licence
   39H.    Licence fee
   39I.    Licence fee for ordinary licence
   39J.    Licence fee for short-term licences

           Division 5 - Private hire vehicle drivers

   40.     Authorities
   40A.    Application for authorisation
   40B.    Grant or refusal of application
   40C.    Term of and renewal of authority
   40D.    Conditions of authority
   40E.    Variation, suspension or cancellation of authority

           Division 6 - Miscellaneous

   41.     Designated directors and managers of corporations
   42.     (Renumbered)

   PART 4B - TAXI-CABS AND PRIVATE HIRE VEHICLES: TRANSFER TAX

   43.     Definitions
   44.     Transfer of licences for taxi-cabs
   45.     Transfer of licences for private hire vehicles
   46.     Exemption from tax

   PART 4C - INVESTIGATIONS AND ENFORCEMENT

           Division 1 - Investigations

   46A.    Provision of information relating to safety to regulator
   46AA.   Provision of information to Chief Investigator
   46B.    Persons must report notifiable occurrences
   46BA.   Investigations by the Chief Investigator
   46BB.   Chief Investigator and transport safety investigator’s functions
   46BC.   Transport safety inquiries
   46BD.   Chief Investigator may request transport safety inquiry
   46BE.   Assessors
   46BF.   Witnesses and evidence at transport safety inquiries
   46BG.   Report on transport safety inquiry
   46C.    (Repealed)
   46D.    Tabling of reports
   46E.    Confidential reporting of safety information by transport safety employees

           Division 2 - Inspection powers

   46F.    (Repealed)
   46G.    Use of powers by authorised officers
   46H.    Inspections by regulator of bus and ferry services
   46I.    Power of entry
   46J.    Powers on entry
   46K.    Inspection and testing of vehicles
   46L.    Functions of authorised officers in relation to relevant documents
   46M.    Other powers related to documents
   46N.    Notice of entry
   46O.    Use of force
   46P.    Care to be taken
   46Q.    Compensation
   46R.    Authority to enter
   46S.    Assistance to be given to authorised officers
   46T.    Premises used for residential purposes
   46U.    Protection from incrimination
   46V.    Search warrants
   46W.    Appointment of authorised officers

   PART 5 - REVIEW OF CERTAIN DECISIONS

           Division 1 - Notifications

   47.     Effect of notification of decisions of TfNSW

           Division 2 - Review by review panels

   48.     Review of decisions concerning service contracts
   49.     Review panels
   50.     Conduct of review
   51.     Effect of review

           Division 3 - Reviews by Administrative Decisions Tribunal

   52.     Applications to Administrative Decisions Tribunal

   PART 6 - MISCELLANEOUS

   53.     Exchange of information
   53A.    Advertising
   53B.    Requirement to return documents or number-plates
   53C.    Drug and alcohol programs and testing relating to ferry services
   53D.    Ferry operators to have approved safety management systems
   53E.    Recommendations arising from investigations
   54.     Offences involving credentials
   55.     Offenders to state name and address
   55A.    (Repealed)
   56.     Obstruction
   57.     (Repealed)
   58.     Offences by corporations
   59.     Penalty notices for certain offences
   60.     Proceedings for offences
   60A.    Fares or other remuneration
   61.     Recovery of amounts due
   62.     Records and evidentiary matters
   62A.    Delegation of TfNSW’s functions
   63.     Regulations
   64.     Repeals and savings
   65.     Prevention of proceedings concerning transitways
   66.     Exclusion of liability of the State
           Schedule 1 (Repealed)
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)