New South Wales Consolidated Regulations

PASSENGER TRANSPORT (GENERAL) REGULATION 2017

- Made under the Passenger Transport Act 1990
- As at 26 October 2023
- Reg 473 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Regulation does not apply to conduct of certain ferry services

   PART 2 - ACCREDITATION TO CARRY ON PUBLIC PASSENGER SERVICES

           Division 1 - Preliminary

   5.      Definition

           Division 2 - Applications for accreditation to carry on public passenger services

   6.      Standards to be met by applicants for accreditation to carry on public passenger services
   7.      Applicant to be of good repute
   8.      Applicant to be fit and proper person to carry on relevant service
   9.      Applicant to be competent to carry on relevant service
   10.     Applicant to be financially capable of carrying on relevant service
   11.     Applicant to have access to maintenance facilities for vehicles
   12.     Additional requirement: bus services
   13.     (Repealed)

           Division 3 - Conditions of accreditation to carry on public passenger services

   14.     Conditions of accreditation to carry on bus service
   15.     Safety of drivers, passengers and the public
   16.     Vehicle maintenance
   17.     Condition of vehicles
   18.     Changes to information provided

           Division 4 - Other obligations of accredited operators

   19.     Records relating to operation of public passenger vehicles
   20.     Operator training
   21.     Records of drivers
   22.     Vehicle insurance
   23.     Evidence of accredited operator's continuing financial capacity
   24.     Operators to notify detrimental change in driver's medical condition
   25.     Management of public passenger services
   26.     Operator not to permit vehicle subject to non-compliance notice or non-compliance label to be driven

           Division 5 - (Repealed)
           None

   PART 3 - AUTHORITIES FOR DRIVERS OF PUBLIC PASSENGER VEHICLES

   27.     Definition
   28.     Categories of driver authorities
   29.     Medical assessments
   30.     Criteria for grant of authority--the Act, s 12(2) and 63(2)(g)(iii)
   30A.    Form of authority
   31.     Driver authority cards
   32.     Misuse of driver authority cards
   33.     Replacement of driver authority cards
           33A, 33B. (Repealed)

   PART 4 - GENERAL OBLIGATIONS OF DRIVERS OF PUBLIC PASSENGER VEHICLES

   34.     Definition
   35.     Conduct of drivers
   36.     Driver not to eat or drink in vehicle
   37.     Driver to ensure vehicles are clean
   38.     (Not used)
   39.     Driver not to drive vehicle subject to non-compliance label
   40.     Driver to move and drive vehicles carefully
   41.     Carriage of goods and animals
   42.     Lost property given to drivers
   43.     Training of drivers
   44.     Driver to notify TfNSW of alleged offence
   45.     Driver to provide driver licence for inspection
   46.     Driver to hand over driver authority card for inspection
   47.     Medical condition of drivers

   PART 5 - CONDUCT OF PASSENGERS AND OTHER PERSONS IN OR ON PUBLIC PASSENGER VEHICLES, TRAINS AND RAILWAY PREMISES

           Division 1 - Preliminary

   48.     Definitions
   49.     Exemptions for authorised officers

           Division 2 - Conduct generally

   50.     No offensive behaviour or language
   51.     No smoking
   52.     Limitation on eating and drinking in certain public passenger vehicles and trains
   53.     Control of animals
   54.     Conveyance of petrol and things containing petrol and things intended for vandalism
   55.     Direction to leave public passenger vehicle, train or railway premises
   56.     Lost property
   57.     No interference with equipment of, or damage to, vehicle
   58.     No removal of property
   59.     No littering
   60.     No throwing
   61.     Vandalism
   62.     Lighting fires
   63.     Driver to take action in relation to dangerous conduct

           Division 3 - Additional conduct offences relating to buses, ferries, trains and railway premises

   64.     No unauthorised commercial activities
   65.     Entry to and exit from buses, ferries, trains and railway premises
   66.     Limited stop buses, ferries and trains
   67.     No travel allowed on certain parts of bus, ferry or train
   68.     No entry to driver's compartment of bus, ferry or train or crew compartment of ferry or train
   68A.    No hindering or distracting of bus driver
   68B.    No interference with equipment on buses, ferries or trains
   68C.    Persons not to hinder use of ferry facilities or facilities in public areas
   68D.    Use of escalators and lifts
   68E.    Person not to use a scooter, skateboard, rollerblades or the like or drive in certain areas
   68F.    No touching of moving trains
   68G.    Seating for aged persons or persons with a disability
   68H.    Pedestrians
   68I.    Gates to be closed
   68J.    No trespassing
   68K.    (Not used)
   68L.    Restrictions on vehicles driven on certain railway structures
   68M.    Bicycles not to be left in certain areas

           Division 4 - Offences relating to sleeping berths and reserved seats on trains

   68N.    Compulsory reservation of sleeping berths or seats
   68O.    Unauthorised occupation of reserved seats
   68P.    Unauthorised occupation of sleeping berths

           Division 5 - Crossing running lines

   68Q.    Crossing running lines--generally
   68R.    Pedestrians crossing running line
   68S.    Certain vehicles crossing running line at railway crossing
   68T.    Driving animals across running line at ground level
   68U.    No placing of objects on running lines

   PART 6 - TICKETS

           Division 1 - Preliminary

   69.     Definitions
   70.     Meaning of "smartcard"
   71.     Meaning of "smartcard reader"

           Division 2 - Tickets other than smartcards

   72.     Application of Division
   73.     Valid tickets
   74.     Tickets generally not transferable
   75.     Alteration or defacement of tickets prohibited

           Division 3 - Smartcards

   76.     Valid smartcards
   77.     Making smartcard inoperative prohibited

           Division 4 - General provisions

   77A.    Valid ticket required for travel
   77B.    Other offences in relation to fares and tickets
   77C.    Concession tickets
   77D.    Tickets to be processed
   77E.    Inspection of tickets

           Division 5 - Miscellaneous

   77F.    Certificate evidence

   PART 7 - SPECIAL PROVISIONS RELATING TO BUSES

           Division 1 - Bus operators

   78.     Buses to show accreditation details
   79.     Buses to be fitted with driver authority card holders
   80.     Management information system
   81.     Vehicle defect reports
   82.     Security camera systems and duress alarm systems
   83.     Timetables
   84.     Manifest of passengers
   85.     Information in buses
   86.     Buses to be clean and tidy
   87.     Destination signs on buses
   88.     Notification of accidents and incidents
   89.     Passengers to be notified of requirement to use seatbelts in buses
   90.     Audit

           Division 2 - (Not used)

   91.     (Not used)

           Division 3 - Drivers of buses

   92.     Driver to display driver authority card
   93.     Driver to stop bus to pick up and set down passengers
   94.     Driver not to overload bus
   95.     Operator to display sign showing maximum number of passengers
   96.     Driver not to carry passengers on certain portions of bus
   97.     Driver to remain in bus
   98.     Driver to provide medical certificates

           Division 4 - Special provisions relating to conduct of school students on buses

   99.     Dealing with contraventions of this Regulation by school students
   100.    Directions to move to certain part of the bus
   101.    Direction to leave bus
   102.    Refusal to pick up school student
   103.    Review of action taken by operator or driver

           Division 5 - Miscellaneous

   104.    Appointment of bus stops
   105.    Buses registered interstate
   106.    Interstate bus drivers: exemption from section 11

   PART 8 - DRUG AND ALCOHOL TESTING--THE ACT, SCH 5, CL 3

           Division 1 - Preliminary

   107.    Interpretation

           Division 2 - Testing for alcohol or other drugs

   108.    Random and targeted testing
   109.    Testing in specified situations
   110.    Assessment of sobriety if breath testing device not available
   111.    Breath analysis following breath testing
   112.    Blood or urine samples required following accidents
   113.    Additional circumstances when samples may be required
   114.    Taking blood or urine samples
   115.    Restrictions on testing
   116.    Action to be taken in relation to blood samples
   117.    Action to be taken in relation to urine samples
   118.    Analysis of samples
   119.    Authorised sample takers--protection from liability

           Division 3 - Offences

   120.    Employee having prescribed concentration of alcohol
   121.    Employee under influence of alcohol or other drug
   122.    Refusal to be tested
   123.    Failure to conduct test
   124.    Interfering with results of test
   125.    Failure to take sample when required
   126.    Interfering or tampering with, or destroying, samples
   127.    Double jeopardy

           Division 4 - Certificate evidence in proceedings

   128.    Alcohol in breath or blood determined by breath analysis
   129.    Alcohol in blood determined by analysis of sample
   130.    Presence of drugs
   131.    Person is test supervisor

           Division 5 - Miscellaneous

   132.    Effect of positive test--the Act, s 12
   133.    Operator to notify TfNSW of certain matters--the Act, s 46B
   134.    Authorisation of test supervisors
           PARTS 9, 10 - (Repealed)
           None

   PART 11 - SPECIAL PROVISIONS RELATING TO FERRIES

   211.    (Not used)
   212.    Records in relation to operation of ferry
           213-216. (Not used)

   PART 12 - (NOT USED)

   217.    (Not used)

   PART 13 - SPECIAL PROVISIONS RELATING TO ARBITRATIONS UNDER CLAUSE 39 OF SCHEDULE 3 TO ACT

           Division 1 - General

   218.    Interpretation
   219.    Application of Arbitration Act to valuation arbitrations

           Division 2 - Appointment of arbitrators

   220.    Modification of Arbitration Act in relation to appointment of arbitrators
   221.    Arbitrators panel
   222.    Appointment of arbitrators to conduct valuation arbitrations

           Division 3 - Conduct of valuation arbitrations

   223.    Parties to valuation arbitration
   224.    Commencement of valuation arbitrations
   225.    Duties of parties
   226.    Valuation principles
   227.    Nature of awards that can be made
   228.    Draft award to be provided to parties for comment
   229.    Final awards
   230.    Costs
   231.    Early termination of valuation arbitration

   PART 14 - MISCELLANEOUS

   232.    Non-compliance labels and notices
   232A.   Only tourists to be carried on tourist service
   233.    No touting or soliciting for passengers or hirings
   234.    False advertising
   235.    Change of name or address of operator or driver
   236.    Additional agencies with which information may be exchanged
   237.    Exemptions
   238.    Service of documents
   239.    Authorised officers
   239A.   Delegation to authorised persons
   239B.   Transfer of functions
   240.    Savings and transitional
   241.    Transitional accreditation for small buses
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3