Transport Operations (Passenger Transport) Act 1994Transport Operations (Passenger Transport) Regulation 2005Part 1Preliminary1Short titleThis regulation may be cited as the Transport Operations (Passenger Transport) Regulation 2005.2DefinitionsThe dictionary in schedule 11 defines particular words used in this regulation.3Notess 3 om 2008 SL No. 210 s 9Part 2Operator accreditationDivision 1Preliminary4Purpose of pt 2The purpose of this part is to provide for matters about operator accreditation for chapter 3 of the Act.Note—Section 11 of the Act sets out the purpose of operator accreditation.Division 2Provisions for applications and other matters5Application for grant or renewal of operator accreditation(1)A person may apply to the chief executive for the grant or renewal of operator accreditation.(2)The application must be in the approved form.(3)An application may be made jointly by 2 or more persons.6Deciding applicationAfter receiving the application for the grant or renewal of operator accreditation, the chief executive must consider it and decide—(a)if the applicant complies with the requirements under the Act about granting or renewing operator accreditation—to grant or renew operator accreditation; or(b)if paragraph (a) does not apply but, under section 7, the chief executive may grant the person provisional operator accreditation—to grant provisional operator accreditation; or(c)otherwise—to refuse, under section 8, to grant or renew operator accreditation.
7Provisional operator accreditation—Act, s 18(1)The chief executive may grant operator accreditation to the person on a provisional basis (a provisional operator accreditation)—(a)if the person meets some but not all the standards applying to operator accreditation; or(b)while—(i)if the person is an individual—the criminal history of the person is being checked; or(ii)if the person is a member of a partnership—the criminal history of the person, or another member of the partnership, is being checked; or(iii)if the person is a corporation—the criminal history of an executive officer of the corporation is being checked.
(2)A grant under subsection (1)(a) may be subject to a condition about the person meeting all the standards applying to operator accreditation within a specified time.(3)If, before the end of the term stated in the provisional operator accreditation as its term, the chief executive is satisfied the applicant complies with the requirements under the Act about granting or renewing operator accreditation, the chief executive may grant operator accreditation to the person.8Refusal of operator accreditation—Act, s 17(1)The chief executive may refuse to grant operator accreditation to a person, or to renew a person’s operator accreditation, if—(a)for an individual—the person has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or(b)for a member of a partnership—the person, or another member of the partnership, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or(c)for a corporation—the person, or an executive officer of the corporation, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of.
(2)Also the chief executive may refuse to grant operator accreditation to a person, or to renew a person’s operator accreditation, if—(a)the person does not comply with a standard applying to the operator accreditation; or(b)an operator accreditation granted to the person has been cancelled or suspended; or(c)the chief executive considers the person has behaved in a way that has damaged the reputation of public passenger services or accredited operators or otherwise is contrary to the encouragement of the high quality operation of public passenger services as mentioned in section 11 of the Act.Example for paragraph (c)—The accredited operator has been charged or convicted of an offence (other than a disqualifying offence). If the act or omission constituting the alleged offence or the offence placed at risk the safety of passengers, particularly children or other vulnerable members of the community or involved the person acting fraudulently, the chief executive may consider the person has behaved in a way that has damaged the reputation of public passenger services or accredited operators or otherwise is contrary to the encouragement of the high quality operation of public passenger services.
(3)If the chief executive refuses to grant or to renew operator accreditation in relation to a person under this section (even if the chief executive grants the person provisional operator accreditation), the chief executive must give the person a regulation notice about the decision.Note—Schedule 2 of the Act provides a refusal to grant or renew operator accreditation is a reviewable decision.9Term of operator accreditation(1)An operator accreditation is for a term, stated in the operator accreditation, of not longer than 5 years.(2)An operator accreditation may be renewed for successive terms of not longer than 5 years.(3)In this section—operator accreditation includes provisional operator accreditation.10Renewal notices(1)This section applies if the chief executive does not send, or an accredited operator does not receive, a renewal notice for the person’s operator accreditation.(2)The failure to send, or the non-receipt of the renewal notice, does not affect—(a)the expiry of the operator accreditation; or(b)the accredited operator’s obligation to renew the operator accreditation before it expires.
(3)In this section—operator accreditation includes provisional operator accreditation.11Amendment, suspension and cancellation of operator accreditation—Act, s 20(1)The chief executive may amend, suspend or cancel a person’s operator accreditation if—(a)for an individual—the person is convicted of a disqualifying offence or does not comply with a standard applying to the operator accreditation; or(b)for a member of a partnership—the person or another member of the partnership is convicted of a disqualifying offence or does not comply with a standard applying to the operator accreditation; or(c)for a corporation—the person, or an executive officer of the person, is convicted of a disqualifying offence or does not comply with a standard applying to the operator accreditation.
(2)Also, the chief executive may suspend or cancel a person’s operator accreditation if the chief executive considers the person has behaved in a way that has damaged the reputation of public passenger services or accredited operators or otherwise is contrary to the encouragement of the high quality operation of public passenger services as mentioned in section 11 of the Act.Note—See example for section 8(2)(c).(3)Before taking the action mentioned in subsection (1) (the proposed action), the chief executive must give the person a written notice—(a)stating the proposed action; and(b)stating the grounds for the proposed action; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)if the proposed action is amendment of the operator accreditation—stating the proposed amendment; and(e)if the proposed action is suspension of the operator accreditation—stating the proposed suspension period; and(f)inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.
(4)If, after considering all written representations made within the stated time, the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—(a)if the proposed action was to amend the operator accreditation—(i)amend the operator accreditation in the way stated in the regulation notice; or(ii)amend the operator accreditation in another way having regard to the representations; or
(b)if the proposed action was to suspend the operator accreditation—(i)suspend the operator accreditation for no longer than the period stated in the regulation notice; or(ii)amend the operator accreditation having regard to the representations; or
(c)if the proposed action was to cancel the operator accreditation—(i)cancel the operator accreditation; or(ii)suspend the operator accreditation for a period; or(iii)amend the operator accreditation having regard to the representations.
Note—Schedule 2 of the Act provides an amendment, suspension or cancellation of operator accreditation is a reviewable decision.(5)In this section—operator accreditation includes provisional operator accreditation.12Immediate suspension of operator accreditation—Act, s 20(1)The chief executive may immediately suspend a person’s operator accreditation, by giving a regulation notice to the person, if—(a)for an individual—the person is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or(b)for a partnership—the person or another member of the partnership is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or(c)for a corporation—the person, or an executive officer of the person, is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest.
(2)The chief executive may, under subsection (1), immediately suspend the person’s operator accreditation until—(a)if the ground is that the person has been charged with a disqualifying offence, the earlier of the following—(i)the charge is finally disposed of;(ii)the person’s operator accreditation expires without being renewed; or
(b)in any other case, the earlier of the following—(i)the chief executive gives the person a regulation notice under section 11(4);(ii)the end of 56 days after the regulation notice under subsection (1) is given to the person.
Note—Schedule 2 of the Act provides an amendment, suspension or cancellation of operator accreditation is a reviewable decision.(3)This section applies despite section 11.(4)In this section—operator accreditation includes provisional operator accreditation.13Further action after immediate suspension(1)This section applies if—(a)under section 12, the chief executive immediately suspends a person’s operator accreditation; and(b)the chief executive also proposes, under section 11, to amend, suspend or cancel the operator accreditation.
(2)The regulation notice under section 12(1) must also state the information mentioned in section 11(3) in relation to the action the chief executive proposes to take.(3)Section 11(4) applies to the proposed action as if the regulation notice given under section 12(1) were a notice given under section 11(3).14Return of evidence of operator accreditation if cancelled, suspended or amended(1)This section applies if a person is given a regulation notice—(a)cancelling the person’s operator accreditation; or(b)suspending the person’s operator accreditation for longer than 1 week; or(c)immediately suspending the person’s operator accreditation for any period; or(d)amending the person’s operator accreditation under section 11.
(2)As soon as practicable after the person is given the regulation notice (but within 14 days), the person must return the certificate evidencing the operator accreditation to the chief executive, unless the person has a reasonable excuse.Maximum penalty—10 penalty units.(3)Even if the person does not return the document evidencing the operator accreditation, the action stated in the regulation notice has effect from the date stated in the notice.(4)In this section—operator accreditation includes provisional operator accreditation.15Other amendments of operator accreditation(1)This section applies only if the chief executive proposes to amend a person’s operator accreditation—(a)for a formal or clerical reason; or(b)in another way that does not adversely affect the person’s interests; or(c)if the person asks for the amendment.
(2)The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the person.Division 3Miscellaneous matters relevant to operator accreditation16Notifying disqualifying offences(1)If, under section 19(1), 21(1) or 22(1) or (3) of the Act, an applicant or person must notify or inform the chief executive or someone else about a disqualifying offence, the notice or information must—(a)be given in writing; and(b)include details of the charge and the day when the charge will be heard.
(2)If, under section 19(2), 21(2) or 22(2) or (4) of the Act, an applicant or person must notify or inform the chief executive or someone else about the outcome of a disqualifying offence, the notice or information must be given in writing.Note—Disqualifying offence is defined in schedule 3 of the Act. In paragraph (e) of the definition, a regulation may prescribe an offence as a disqualifying offence. For this purpose, see section 135.s 16 amd 2007 SL No. 282 s 417Requirement for operator accreditation—public passenger services to which the Act, s 12 does not applySection 12 of the Act does not apply to—(a)a ferry service; or(b)a community transport service or courtesy transport service, but only if—(i)no more than 2 vehicles are available, at any time, to provide the service, and each of the vehicles may be driven under a class C driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010; or(ii)the service is not a service that is available to the general community; orExample of a service that is available to the general community—Membership of a bowls club is open to the general community. The club provides a courtesy transport service but only to club members. The service is available to the general community.(iii)the service is a locally significant event service; or
(c)a locally significant event service other than the service mentioned in paragraph (b)(iii); or(d)a cableway service; or(e)a monorail service; or(f)a driver operator booked hire service.
s 17 amd 2010 SL No. 206s 168 sch 8; 2012 SL No. 160 s 3; 2015 SL No. 119 s 3; 2016 SL No. 161 s 1018Delegation of powers relating to operator accreditation(1)Section 16(2) of the Act applies to any delegation of powers under sections 17 and 18 of the Act to any of the following—(a)the Taxi Council of Queensland Inc.;(b)the Queensland Bus Industry Council Inc.;(c)the Limousine Association Queensland Inc.
Note—Each entity mentioned in subsection (1) is an incorporated association and each has a number issued by the department responsible for the administration of fair trading. The number for each entity appears after its name in the following list—•the Taxi Council of Queensland Inc. (29068)•the Queensland Bus Industry Council Inc. (01410)•the Limousine Association Queensland Inc. (01623).
(2)It is a condition of each delegation mentioned in subsection (1) that a person who is, or has been, involved in the administration of the delegation must not make a record of, or directly or indirectly disclose, information about an applicant for the grant or renewal of operator accreditation.Example of information—an applicant’s criminal history or medical history(3)Subsection (2) does not apply to disclosing information to the chief executive, in a court or doing anything under the delegation.(4)In this section—operator accreditation includes provisional operator accreditation.Part 3Driver authorisationDivision 1Preliminary19Purpose of pt 3The purpose of this part is to provide for matters about driver authorisation for chapter 4 of the Act.Note—Section 23 of the Act sets out the purpose of driver authorisation.Division 2Provisions for applications and other matters20Application for grant or renewal of driver authorisation(1)A person who is an individual may apply to the chief executive for the grant or renewal of driver authorisation.Note—Under section 28A of the Act, a person convicted of a category A driver disqualifying offence is ineligible to apply for or hold driver authorisation.(2)However, a person whose driver licence is subject to an interlock condition or a non-Queensland interlock requirement is not eligible to apply for the grant or renewal of driver authorisation until 2 years after the relevant day for the interlock condition or non-Queensland interlock requirement.Note—See the Transport Operations (Road Use Management) Act 1995, section 91K (Interlock condition).(3)An application for the grant or renewal of driver authorisation must be—(a)made in the approved form; and(b)accompanied by evidence that satisfies the chief executive that the person is—(i)an Australian citizen; or(ii)a permanent resident; or(iii)a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth), section 32; or(iv)entitled, under a visa granted under the Migration Act 1958 (Cwlth), to work in Australia; and
(c)accompanied by the fee stated in schedule 9.
(4)In this section—driver authorisation does not include provisional driver authorisation or restricted driver authorisation.driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.interlock condition see the Transport Operations (Road Use Management) Act 1995, schedule 4.interlock period see the Transport Operations (Road Use Management) Act 1995, schedule 4.non-Queensland interlock period see the Transport Operations (Road Use Management) Act 1995, schedule 4.non-Queensland interlock requirement see the Transport Operations (Road Use Management) Act 1995, schedule 4.permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1).relevant day means—(a)for an interlock condition for a person’s driver licence—the day on which the interlock period applying to the person starts; or(b)for a non-Queensland interlock requirement for a person’s driver licence—the day on which the non-Queensland interlock period applying to the person starts.
s 20 amd 2008 SL No. 186 s 4; 2009 SL No. 231 s 3; 2010 SL No. 189 s 29; 2012 SL No. 160 s 4; 2016 SL No. 161 s 1120ARequirements for operating relevant vehicles that are motorbikes(1)An applicant for driver authorisation for the operation of a relevant vehicle that is a motorbike must hold a prescribed licence of the appropriate class.(2)The applicant must also, subject to subsection (3)—(a)have held continuously for at least 5 years—(i)an open or provisional licence for a motorbike; or(ii)a corresponding licence to an open or provisional licence for a motorbike; or(iii)a foreign driver licence for a motorbike; or(iv)a series of any of the licences mentioned in subparagraph (i), (ii) or (iii); or
(b)have passed a competence test, approved by the chief executive, for the operation of a motorbike with a pillion passenger and have held continuously for at least 3 years—(i)an open or provisional licence for a motorbike; or(ii)a corresponding licence to an open or provisional licence for a motorbike; or(iii)a foreign driver licence for a motorbike; or(iv)a series of any of the licences mentioned in subparagraph (i), (ii) or (iii).
(3)Also, for at least 2 years of the continuous 5 or 3 year period mentioned in subsection (2), the applicant must have held continuously—(a)an open or provisional licence for a motorbike; or(b)a corresponding licence to an open or provisional licence for a motorbike; or(c)a series of any of the licences mentioned in paragraph (a) or (b).
Note—See also the Transport Operations (Passenger Transport) Standard 2010, section 6.s 20A ins 2009 SL No. 231 s 4amd 2011 SL No. 227 s 420BRequirements for operating relevant vehicles other than motorbikes(1)An applicant for driver authorisation for the operation of a relevant vehicle, other than a motorbike, must hold a prescribed licence of the appropriate class.(2)The applicant must also, subject to subsection (3)—(a)have held continuously for at least 3 years—(i)an open or provisional licence for a car, truck or bus; or(ii)a corresponding licence to an open or provisional licence for a car, truck or bus; or(iii)a foreign driver licence for a car, truck or bus; or(iv)a series of any of the licences mentioned in subparagraph (i), (ii) or (iii); or
(b)if the application is for driver authorisation for the operation of a relevant vehicle other than a booked hire vehicle, limousine or taxi—have passed a competence test, approved by the chief executive, for the operation of the type of vehicle the person intends to drive under the driver authorisation.
(3)Also, for at least 2 years of the continuous 3 year period mentioned in subsection (2)(a) or for at least 2 years for an application under subsection (2)(b), the applicant must have held continuously—(a)an open or provisional licence for a car, truck or bus; or(b)a corresponding licence to an open or provisional licence for a car, truck or bus; or(c)a series of any of the licences mentioned in paragraph (a) or (b).
(4)However, subsection (3) does not apply if the driver authorisation applied for is for a general route service, school service, booked hire service, taxi service, limousine service, community transport service or courtesy transport service.(5)This section does not apply to a person seeking a restricted driver authorisation.Note—See also the Transport Operations (Passenger Transport) Standard 2010, section 6.s 20B ins 2009 SL No. 231 s 4amd 2011 SL No. 227 s 5; 2016 SL No. 161 s 1220CAdditional requirement to drive a booked hire vehicle, limousine or taxi(1)An applicant for driver authorisation for the operation of a relevant vehicle that is a booked hire vehicle, limousine or taxi must have held a relevant driver licence for at least 1 year.(2)Subsection (1) does not apply if the chief executive is satisfied that the applicant has held a licence that is at least equivalent to a relevant driver licence for at least 1 year.(3)In this section—Australian driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.relevant driver licence means an Australian driver licence of the appropriate class that is an open licence, provisional licence or probationary licence.s 20C ins 2009 SL No. 231 s 4amd 2011 SL No. 227 s 6sub 2016 SL No. 161 s 1321Deciding applicationAfter receiving the application for the grant or renewal of driver authorisation, the chief executive must consider it and decide—(a)if the applicant complies with the requirements under the Act about granting or renewing driver authorisation—to grant or renew driver authorisation; or(b)if paragraph (a) does not apply but, under section 22, the chief executive may grant the applicant provisional driver authorisation—to grant provisional driver authorisation; or(c)otherwise—to refuse, under section 24, to grant or renew driver authorisation.
Note—See also the Transport Planning and Coordination Act 1994, section 28EA(5) (which deals with taking digital photos and digitised signatures) for when the chief executive must refuse to consider an application.s 21 amd 2010 SL No. 189 s 30; 2015 SL No. 162 s 1421AForm of authorising document(1)This section applies if the chief executive—(a)grants a person’s application for driver authorisation or the renewal of driver authorisation and gives the person an authorising document; or(b)gives the person a replacement authorising document.
(2)The authorising document may be in the form of a smartcard driver authorisation or an interim transport authority.(3)Subsection (2) does not limit the form of an authorising document.(4)A smartcard driver authorisation given to a person may be in the form of a smartcard transport authority that includes information about 1 or more other transport authorities held by the person.(5)In this section—transport authority see the Transport Planning and Coordination Act 1994, section 36G(3).s 21A ins 2010 SL No. 189 s 3121BGeneral provisions about authorising documents(1)An authorising document may—(a)indicate by way of a code, expression or otherwise that the person holds driver authorisation, and whether the driver authorisation is subject to a condition; and(b)contain information about—(i)the driver authorisation; and(ii)the person’s personal particulars.
(2)A code or expression mentioned in subsection (1) may be—(a)stated on an authorising document; or(b)stored electronically on a smartcard driver authorisation.
(3)Subsection (1) does not limit the information that an authorising document may contain.s 21B ins 2010 SL No. 189 s 3121CExpressions on authorising documents(1)The expression ‘BHTX’, ‘Limo’ or ‘Taxi’ on an authorising document indicates that the authorised driver is authorised to operate a vehicle providing a booked hire service, limousine service or taxi service.(2)The expression ‘Genr’ on an authorising document indicates that the authorised driver is authorised to operate a vehicle providing any of the following—(a)accommodation transfer service;(b)charter bus service;(c)scheduled passenger service, other than a general route service or a school service;(d)tourist service;(e)tourist transfer service;(f)unscheduled long distance passenger service.
(3)The expression ‘Sche’ on an authorising document indicates that the authorised driver is authorised to operate a vehicle providing a general route service or school service.(4)The expression ‘TrMc’ on an authorising document indicates that the authorised driver is authorised to operate a vehicle providing a tourist service using any of the following—(a)a motor cycle;(b)a motor cycle and sidecar;(c)a motor tricycle.
s 21C ins 2010 SL No. 189 s 31amd 2016 SL No. 161 s 1421DCodes on authorising documentsThe following codes may be used on an authorising document—•‘N’ stated on the authorising document to show that the driver authorisation is not subject to a condition•‘Y’ stated on the authorising document to show that the driver authorisation is subject to a condition•‘TEXT’ stored on a smartcard driver authorisation to show that the driver authorisation is subject to a condition.
s 21D ins 2010 SL No. 189 s 3122Provisional driver authorisation—Act, s 30(1)The chief executive may grant driver authorisation to the person on a provisional basis (provisional driver authorisation) if the person meets some but not all of either or both of the following—(a)the requirements under section 20A, 20B or 20C;(b)the standards applying to driver authorisation.
(2)A grant under subsection (1) may be subject to a condition about the person meeting all the requirements under section 20A, 20B or 20C and all the standards applying to driver authorisation within a specified time.(3)If, before the end of the term stated in the provisional driver authorisation as its term, the chief executive is satisfied the applicant complies with the requirements under the Act about granting or renewing driver authorisation, the chief executive may grant driver authorisation to the person.(4)Despite subsection (1), the chief executive may grant provisional driver authorisation to a person without a formal application being made to ensure a public passenger service can continue to be provided in an emergency.(5)A grant under subsection (4) is subject to the condition the person will make a formal application for driver authorisation as soon as practicable after the grant.s 22 amd 2009 SL No. 231 s 523Conditions on driver authorisation—Act, s 32(1)If the chief executive decides to grant or renew driver authorisation, the chief executive may impose a condition on the authorisation that the chief executive considers necessary.(2)If the chief executive imposes a condition on a person’s driver authorisation under subsection (1), the chief executive must give the person a regulation notice about the decision.Note—Schedule 2 of the Act provides a refusal to grant or renew driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.(3)Subsection (1) is in addition to, and does not limit, sections 22, 28 and 30 under which the chief executive may impose a condition on a person’s driver authorisation.(4)In this section—driver authorisation includes provisional driver authorisation.24Refusal of driver authorisation—Act, s 29(1)The chief executive may refuse to grant driver authorisation to a person, or to renew a person’s driver authorisation, if—(a)the person does not comply with section 20A, 20B or 20C or a standard applying to the driver authorisation; or(b)a driver authorisation granted to the person has been cancelled or suspended; or(c)the person has been convicted of a category C driver disqualifying offence; or(d)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or
Note—See sections 28A and 28B of the Act for provisions relating to category A and category B driver disqualifying offences.(e)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or(f)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or(g)the chief executive is not satisfied with the person’s identification for driver authorisation.
(2)If, under this section, the chief executive refuses the application for the grant or renewal of driver authorisation in relation to a person (even if the chief executive grants the person provisional driver authorisation), the chief executive must give the person a regulation notice about the decision.Note—Schedule 2 of the Act provides a refusal to grant or renew driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.(3)In this section—driver authorisation includes provisional driver authorisation.s 24 amd 2009 SL No. 231 s 6; 2010 SL No. 189 s 3225Term of driver authorisation(1)A driver authorisation is for a term, stated in the authorisation, of not longer than 5 years.(2)However, driver authorisation may be renewed for successive terms of not longer than 5 years.(3)In this section—driver authorisation includes provisional driver authorisation but does not include restricted driver authorisation.26Renewal notices(1)This section applies if the chief executive does not send, or an authorised driver does not receive, a renewal notice for the person’s driver authorisation.(2)The failure to send, or the non-receipt of, the renewal notice does not affect—(a)the expiry of the driver authorisation; or(b)the obligation of the authorised driver to renew the authorisation before it expires.
(3)In this section—driver authorisation includes provisional driver authorisation.27Restricted driver authorisation—Act, s 29A(1)A prescribed operator may, for the chief executive, grant a restricted driver authorisation to a person authorising the person to operate a public passenger vehicle while, and only while, it is being used by the prescribed operator to provide the service.(1AA)A prescribed operator must not grant a restricted driver authorisation if the applicant is not eligible to be granted the restricted driver authorisation.(1A)An application for a restricted driver authorisation must be made in the approved form.(2)A restricted driver authorisation may only be granted on the prescribed operator’s initiative.(3)However, a prescribed operator must not grant a restricted driver authorisation to a person unless—(a)the operator is satisfied the person complies with all standards applying to restricted driver authorisation; and(b)the person gives the operator the following information about the person, and the operator has no reason to suspect the information is false—(i)the chief executive has not refused to grant or renew the person’s driver authorisation and has not cancelled or suspended any driver authorisation held by the person;(ii)the person has not been convicted of a driver disqualifying offence;Note—See the Act, schedule 3, definition driver disqualifying offence.(iii)there is no charge for a driver disqualifying offence against the person that has not been finally disposed of.
Maximum penalty—20 penalty units.(4)A person’s restricted driver authorisation—(a)is for the term stated in the authorisation of not longer than 1 year; and(b)is not renewable; andNote—Even though a restricted driver authorisation is not renewable, a new restricted driver authorisation may be granted after the expiry of the restricted driver authorisation.(c)is automatically cancelled when the person stops being employed by the prescribed operator or when the person stops operating a public passenger vehicle for the prescribed operator.Note—A restricted driver authorisation may be amended, suspended or cancelled by the chief executive. See sections 28 and 30.
(5)A prescribed operator must give a person whose restricted driver authorisation is automatically cancelled under subsection (4)(c) a written notice advising the person of the cancellation within 3 days after the cancellation.Maximum penalty—10 penalty units.(6)A prescribed operator may, by written notice, amend a restricted driver authorisation granted to a person by the prescribed operator—(a)for a formal or clerical reason, including, for example, a change of address; or(b)in another way that does not adversely affect the person.
(7)As soon as practicable after a person is given a written notice under subsection (5) or (6) about an automatic cancellation or amendment, the person must return to the prescribed operator any document evidencing the restricted driver authorisation.(8)A restricted driver authorisation granted under subsection (1) must be in the approved form.s 27 amd 2008 SL No. 396 s 4; 2009 SL No. 231 s 7; 2011 SL No. 287 s 327AEligibility for restricted driver authorisationA person is not eligible to be granted a restricted driver authorisation by an operator unless the person—(a)holds a prescribed licence of the appropriate class; and(b)has held continuously for at least 3 years—(i)an open or provisional licence for a car, truck or bus; or(ii)a corresponding licence to an open or provisional licence for a car, truck or bus; or(iii)a series of any of the licences mentioned in subparagraph (i) or (ii).
Note—See also the Transport Operations (Passenger Transport) Standard 2010, section 7.s 27A ins 2009 SL No. 231 s 8amd 2011 SL No. 227 s 728Amendment, suspension and cancellation of driver authorisation—Act, s 32(1)The chief executive may amend a person’s driver authorisation, including by altering the term of the authorisation or by imposing a condition on the authorisation, if—(a)the person has been convicted of a category B or category C driver disqualifying offence; or(b)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or(c)the person does not comply with a standard applying to the driver authorisation; or(d)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or(e)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history.
(2)The chief executive may suspend or cancel a person’s driver authorisation if—(a)the person has been convicted of a category C driver disqualifying offence; or(b)the person does not comply with a standard applying to the driver authorisation; or(c)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or(d)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or(e)in relation to the person’s application for the driver authorisation, the person produced a document, or gave other information, to the chief executive that is false or misleading in a material particular; or(f)the driver authorisation was issued in error; or(g)the chief executive is no longer satisfied with the person’s identification for driver authorisation.
(3)Action under this section—(a)to amend a person’s driver authorisation if section 34(1) applies must be as required by section 34; or(b)to otherwise amend, suspend or cancel driver authorisation must be as required by section 29.
(4)In this section—driver authorisation includes provisional driver authorisation and restricted driver authorisation.Note—Schedule 2 of the Act provides an amendment, suspension or cancellation of driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.s 28 amd 2009 SL No. 231 s 9; 2010 SL No. 189 s 3329Notice about amendment, suspension and cancellation of driver authorisation(1)This section applies if the chief executive considers—(a)a ground exists under section 28(1) to amend a person’s driver authorisation; or(b)a ground exists under section 28(2) to suspend or cancel a person’s driver authorisation.
(2)However, this section does not apply if section 33 or 34 applies.(3)Before taking the action mentioned in subsection (1)(a) or (b) (the proposed action), the chief executive must give the person a written notice—(a)stating the proposed action; and(b)stating the grounds for the proposed action; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)if the proposed action is amendment of the driver authorisation—stating the proposed amendment; and(e)if the proposed action is suspension of the driver authorisation—stating the proposed suspension period; and(f)inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.
(4)If, after considering all written representations made within the stated time, the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—(a)if the proposed action was to amend the driver authorisation—(i)amend the driver authorisation in the way stated in the regulation notice; or(ii)amend the driver authorisation in another way, having regard to the representations; or
(b)if the proposed action was to suspend the driver authorisation—(i)suspend the driver authorisation for no longer than the period stated in the regulation notice; or(ii)amend the authorisation having regard to the representations; or
(c)if the proposed action was to cancel the driver authorisation—(i)cancel the driver authorisation; or(ii)suspend the driver authorisation for a period; or(iii)amend the driver authorisation having regard to the representations.
(5)In this section—driver authorisation includes provisional driver authorisation and restricted driver authorisation.30Immediate amendment and suspension of driver authorisation—Act, s 32(1)The chief executive may immediately amend a person’s driver authorisation by imposing a condition on the authorisation if—(a)the person has been convicted of a category B or category C driver disqualifying offence; or(b)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or(c)the chief executive considers it necessary having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act.
(2)The chief executive may immediately suspend a person’s driver authorisation if—(a)the person has been convicted of a category B or category C driver disqualifying offence; or(b)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or(c)the person does not comply with a notice given to the person under section 41; or(d)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or(e)the chief executive is no longer satisfied with the person’s identification for driver authorisation.
(3)In this section—driver authorisation includes provisional driver authorisation and restricted driver authorisation.Note—Schedule 2 of the Act provides an amendment, suspension or cancellation of driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.s 30 amd 2010 SL No. 189 s 3431Notice about immediate amendment or suspension(1)This section applies if the chief executive considers—(a)a ground exists under section 30(1) to immediately amend a person’s driver authorisation by imposing a condition on the authorisation; or(b)a ground exists under section 30(2) to immediately suspend a person’s driver authorisation.
(2)This section applies even if the chief executive takes exclusion action under section 28B of the Act in relation to the person.(3)Despite section 29, the chief executive may, by giving a regulation notice to the person—(a)immediately amend the person’s driver authorisation by imposing a condition on the authorisation; or(b)immediately suspend the person’s driver authorisation.
(4)The immediate amendment or suspension has effect until—(a)if the ground is that the person has been convicted of a category B driver disqualifying offence, the earlier of the following—(i)the chief executive gives the person a regulation notice about the chief executive’s decision under section 33(2) or 34(2);(ii)the end of 56 days after the regulation notice mentioned in subsection (3) is given to the person; or
(b)if the ground is that the person has been charged with a driver disqualifying offence, the earlier of the following—(i)the charge is finally disposed of;(ii)the person’s driver authorisation expires without being renewed; or
(c)in any other case, the earlier of the following—(i)the chief executive gives the person a regulation notice under section 29(4);(ii)the end of 56 days after the regulation notice mentioned in subsection (3) is given to the person.
32Further action after immediate amendment or suspension(1)This section applies if—(a)under section 31, the chief executive immediately amends or immediately suspends a person’s driver authorisation; and(b)the chief executive also proposes, under section 29, to amend, suspend or cancel the driver authorisation.
(2)The regulation notice under section 31(3) must also state the information mentioned in section 29(3) in relation to the action the chief executive proposes to take.(3)Section 29(4) applies to the proposed action as if the regulation notice given under section 31(3) were a notice given under section 29(3).33Category B driver disqualifying offences—exclusion action(1)This section applies if the chief executive takes exclusion action under section 28B of the Act in relation to a person who has been convicted of a category B driver disqualifying offence.(2)The chief executive must give the person a regulation notice about the decision to take the exclusion action.34Category B driver disqualifying offences—exceptional case(1)This section applies if the chief executive—(a)decides not to take exclusion action under section 28B of the Act in relation to a person who has been convicted of a category B driver disqualifying offence because the chief executive is satisfied an exceptional case exists; but(b)decides it is necessary in the particular case to impose a condition on the person’s driver authorisation.
(2)The chief executive may, by giving a regulation notice to the person—(a)for an applicant for driver authorisation—impose a condition when granting driver authorisation to the person; or(b)for a person who holds driver authorisation—amend the person’s driver authorisation by imposing a condition on the authorisation.
35Chief executive may require authorising document to be replaced(1)This section applies if—(a)information stated on an authorising document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or(b)the chief executive has amended the person’s driver authorisation and the person’s authorising document requires replacement.
(2)The chief executive may, by written notice, require the holder of the driver authorisation to return the holder’s authorising document to the chief executive within a stated time and in a stated way for replacement.(3)If subsection (1)(a) applies, the notice must include a statement identifying the information that is incorrect and the correct information.(4)The holder must comply with the notice, unless the holder has a reasonable excuse.Maximum penalty—20 penalty units.(5)After receiving the authorising document, the chief executive must give the holder a replacement authorising document.(6)If subsection (1)(a) applies, the replacement authorising document must state the correct information.(7)In this section—driver authorisation includes provisional driver authorisation and restricted driver authorisation.written notice includes a regulation notice under section 29(4) or 31(3).s 35 sub 2010 SL No. 189 s 3535AVoluntary surrender of driver authorisation(1)An authorised driver may surrender the person’s driver authorisation by giving the chief executive a written notice of surrender.(2)To be effective, the notice of surrender must be accompanied by the person’s authorising document, unless the person has a reasonable excuse for not returning it.(3)Subject to subsection (2), the surrender takes effect on the day the notice is given to the chief executive.s 35A ins 2010 SL No. 189 s 3536Return of authorising document if authorisation cancelled or suspended(1)This section applies if a person is given a regulation notice—(a)cancelling the person’s driver authorisation; or(b)suspending the person’s driver authorisation; or(c)immediately suspending the person’s driver authorisation for any period.
(2)As soon as practicable after the person is given the regulation notice (but within 14 days), the person must, if the regulation notice requires the authorising document to be returned, return the authorising document to the chief executive, unless the person has a reasonable excuse.Maximum penalty—20 penalty units.(3)Even if the person does not return the authorising document, the action stated in the regulation notice has effect from the date stated in the notice.(4)In this section—driver authorisation includes provisional driver authorisation and restricted driver authorisation.s 36 amd 2010 SL No. 189 s 3637Relationship between driver licence and driver authorisation(1)If the driver licence of a person who holds driver authorisation is suspended, the person’s driver authorisation is suspended during the suspension of the person’s driver licence.(2)If the driver licence of a person who holds driver authorisation is cancelled, the person’s driver authorisation is cancelled.(3)If, on cancellation of a person’s driver licence, the person is disqualified from holding or obtaining a driver licence for a period, the person is disqualified from holding or obtaining driver authorisation during the period.(4)In this section—driver authorisation includes provisional driver authorisation and restricted driver authorisation.37ANotification of damage, loss or theft of authorising document(1)This section applies if an authorised driver is required under section 34A of the Act to notify the chief executive that the driver’s authorising document has been damaged, lost or stolen.Note—Section 34A of the Act provides for an offence for failing to notify of the damage, lost or theft of an authorising document.(2)The notification—(a)is sufficiently given if an application for a replacement authorising document is made under section 37B; or(b)if paragraph (a) does not apply—must be written notification.
s 37A ins 2010 SL No. 189 s 37amd 2014 SL No. 161 s 1937BApplication for replacement authorising document(1)This section applies if—(a)information stated on an authorising document is incorrect; or(b)an authorised driver becomes aware, or reasonably suspects, his or her authorising document has been damaged, lost or stolen.
(2)The authorised driver may apply to the chief executive for the issue of a replacement authorising document.(3)An application under this section, other than an exempt application, must be—(a)made in the approved form; and(b)accompanied by the authorising document, unless it has been, or the authorised driver reasonably suspects it has been, destroyed, lost or stolen.
(4)After receiving the application, the chief executive must give the authorised driver a replacement authorising document if the chief executive is satisfied—(a)if subsection (1)(a) applies—the information on the authorising document was incorrect; or(b)if subsection (1)(b) applies—the authorising document has been damaged, lost or stolen.
(5)If the authorising document that has been replaced (the original document) comes into, or returns to, the authorised driver’s possession after a replacement authorising document has been issued to the holder, the authorised driver must destroy the original document.Maximum penalty—20 penalty units.(6)In this section—exempt application means an application for the replacement of an authorising document if the chief executive is satisfied the authorising document was not received by the authorised driver because it has been lost or stolen.s 37B ins 2010 SL No. 189 s 37amd 2014 SL No. 161 s 2037CUpgrading to smartcard driver authorisation(1)This section applies to the holder of an authorising document that is not a smartcard driver authorisation.(2)The holder may apply to the chief executive to replace the authorising document with a smartcard driver authorisation.(3)The application must be made in the approved form.(4)The chief executive may replace the authorising document with a smartcard driver authorisation for the same period as the unexpired period of the authorising document.s 37C ins 2010 SL No. 189 s 3738Other amendments of driver authorisation(1)This section applies if the chief executive proposes to amend a person’s driver authorisation—(a)for a formal or clerical reason; or(b)in another way that does not adversely affect the person’s interests; or(c)if the person asks for the amendment.
(2)This section does not apply if section 35 applies.(3)The chief executive may, by written notice, require the person to return the person’s authorising document to the chief executive within a stated time and in a stated way.(4)If subsection (1)(a) or (b) applies, the notice must include a statement identifying how the chief executive proposes to amend the person’s driver authorisation.(5)The holder must comply with the notice, unless the holder has a reasonable excuse.Maximum penalty—20 penalty units.(6)If the chief executive amends a person’s driver authorisation under this section and the person’s authorising document requires replacement, the chief executive must give the authorised driver a replacement authorising document.(7)In this section—driver authorisation includes provisional driver authorisation.s 38 sub 2010 SL No. 189 s 3839Notifying operator of amendment, suspension or cancellation of driver authorisation(1)This section applies if—(a)a person with driver authorisation operates a vehicle for an accredited operator; and(b)the chief executive amends, suspends or cancels the person’s driver authorisation.
(2)The chief executive may—(a)advise the operator that the person’s driver authorisation has been amended, suspended or cancelled; and(b)if the chief executive has amended the person’s authorisation by imposing a condition on the authorisation, advise the operator of the condition.
Division 3Miscellaneous matters relevant to driver authorisation39ADisclosure of driver authorisation information(1)The chief executive may disclose the following information about a person’s driver authorisation to another person—(a)the person’s driver authorisation number;(b)the kind of public passenger service for which the person is an authorised driver.
(2)A disclosure under this section may be made in any way the chief executive considers appropriate, including, for example, by publication on the department’s website.(3)However, a disclosure under this section may only be made if the chief executive reasonably believes that the authorised driver would not be identified because of the disclosure.s 39A ins 2016 SL No. 161 s 15amd 2017 SL No. 88 s 1640Notifying or informing—Act, s 31, 33, 34 or 35If a person, under section 31, 33, 34 or 35 of the Act, must notify or inform the chief executive or an accredited operator about a matter, the notice or information must be written.40AMedical fitness for driver authorisation(1)A person is not eligible to be granted driver authorisation unless the person gives the chief executive a prescribed medical certificate for the person.(2)An authorised driver must—(a)notify the chief executive if there is a change in the driver’s medical condition that makes the driver continuously unfit to safely operate a motor vehicle for more than 1 month; and(b)within 5 years after the issue of the last prescribed medical certificate for the driver given to the chief executive under subsection (1) or this paragraph, give the chief executive a fresh prescribed medical certificate for the driver.
(3)However, if a prescribed medical certificate for a person given under subsection (1) or (2) indicates it is for a period of less than 5 years, the person must give the chief executive the next prescribed medical certificate for the person within the period.Examples of indications that a prescribed medical certificate is for a period of less than 5 years—•The certificate states it lasts or applies for 2 years.•The certificate states it should be renewed or reviewed after 2 years.•The certificate states the person’s condition should be reviewed, or the person should be re-examined, within 2 years.
(4)If a prescribed medical certificate for a person given under subsection (1) or (2) contains a limitation on operating a vehicle, the person must not operate a vehicle, under driver authorisation, contrary to the limitation.(5)This section does not apply to a person seeking a restricted driver authorisation.Note—For the effect of noncompliance with subsection (2) or (4), see section 28(1)(d) and (2)(c).s 40A ins 2008 SL No. 396 s 540BMedical fitness for restricted driver authorisation(1)A person is not eligible to be granted a restricted driver authorisation by an operator unless the person gives the operator—(a)a statement signed by the person stating that, as far as the person knows, the person does not suffer from any of the medical conditions stated on the approved form given by the person under section 27(1A); and(b)if the person suffers or has suffered from a medical condition that may make the person unfit to hold a restricted driver authorisation—a prescribed medical certificate for the person.
(2)A driver who holds a restricted driver authorisation must notify the operator who granted the restricted driver authorisation and the chief executive each time there is a change in the driver’s medical condition that makes the driver continuously unfit to safely operate a motor vehicle for more than 1 month.(3)If a prescribed medical certificate for a person given under subsection (1)(b) contains a limitation on operating a vehicle, the person must not operate a vehicle, under restricted driver authorisation, contrary to the limitation.Note—For the effect of noncompliance with subsection (2) or (3), see section 28(1)(d) and (2)(c).s 40B ins 2008 SL No. 396 s 541Requirement to prove fitness(1)This section applies if the chief executive suspects a person who holds driver authorisation is no longer medically fit to operate a public passenger vehicle under the driver authorisation.(2)The chief executive may, by written notice, require the person to provide evidence of the person’s medical fitness to operate a public passenger vehicle under the driver authorisation.(3)In this section—driver authorisation includes provisional driver authorisation and restricted driver authorisation.s 41 amd 2008 SL No. 396 s 642Requirement for driver authorisation—public passenger services to which the Act, s 24 does not applySection 24 of the Act does not apply to—(a)a ferry service; or(b)a community transport service or courtesy transport service, but only if—(i)no more than 2 vehicles are available, at any time, to provide the service, and each of the vehicles may be driven under a class C driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010; or(ii)the service is not available to the general community; or(iii)the service is a locally significant event service; or
(c)a locally significant event service other than the service mentioned in paragraph (b)(iii); or(d)a cableway service; or(e)a monorail service.
s 42 amd 2011 SL No. 227 s 8; 2012 SL No. 160 s 5; 2015 SL No. 119 s 442ARequired driver authorisation for particular public passenger services(1)An authorised driver must not operate a vehicle providing a relevant service unless the driver’s driver authorisation authorises the driver to operate a vehicle providing the service.Maximum penalty—20 penalty units.Note—See section 21C in relation to an authorised driver’s authorising document which indicates the relevant vehicles the driver is authorised to operate.(2)In this section—relevant service means a booked hire service, limousine service or taxi service for which driver authorisation is required.s 42A ins 2016 SL No. 161 s 1643Delegation of powers relating to driver authorisation(1)Section 28(2) of the Act applies to any delegation of powers under sections 29 and 30 of the Act to any of the following—(a)the Taxi Council of Queensland Inc.;(b)the Queensland Bus Industry Council Inc.;(c)the Limousine Association Queensland Inc.;(d)the Brisbane City Council.
Note—See the note to section 18(1).(2)It is a condition of each delegation mentioned in subsection (1) that a person who is, or has been, involved in the administration of the delegation must not make a record of, or directly or indirectly disclose, information about an applicant for the grant or renewal of driver authorisation.Example of information—an applicant’s criminal history or medical history(3)Subsection (2) does not apply to disclosing information to the chief executive, in a court or doing anything under the delegation.(4)In this section—driver authorisation includes provisional driver authorisation.43ADamaging authorising documentA person must not wilfully damage an authorising document.Maximum penalty—20 penalty units.s 43A ins 2010 SL No. 189 s 3943BChief executive may direct superseded authorising document to be destroyed(1)The chief executive may direct a person to destroy the person’s superseded authorising document.(2)The person must comply with the direction.Maximum penalty—20 penalty units.(3)In this section—superseded authorising document includes a superseded smartcard transport authority.Note—See the Transport Planning and Coordination Regulation 2005, section 7(5) for when an interim transport authority has effect as a smartcard transport authority.s 43B ins 2010 SL No. 189 s 3943CDriver authorisation may only be held in the driver’s nameAn authorised driver must not hold driver authorisation other than under the driver’s name.Maximum penalty—40 penalty units.s 43C ins 2010 SL No. 189 s 3943DPossessing another person’s authorising document(1)A person must not possess another person’s authorising document, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.(2)A person must not give the person’s authorising document to another person if the person knows, or ought reasonably to know, the other person intends to use the authorising document to deceive someone.Maximum penalty—40 penalty units.(3)For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.s 43D ins 2010 SL No. 189 s 3943EDocument purporting to be authorising document(1)A person must not possess a document that resembles an authorising document and is calculated to deceive someone.Maximum penalty—40 penalty units.(2)A person must not give another person a document that resembles an authorising document and is calculated to deceive someone.Maximum penalty—40 penalty units.(3)For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.s 43E ins 2010 SL No. 189 s 3943FNotifiable events under other Acts(1)This section applies if an authorised driver—(a)has an obligation under the Act to notify the chief executive of a notifiable event; and(b)has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002, of the same notifiable event; and(c)complies with the obligation under the prescribed smartcard Act.
(2)The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired.(3)In this section—notifiable event, for an authorised driver, means any of the following—(a)a change of the authorised driver’s name;(b)a change of the authorised driver’s address;(c)if there is a current postal address for the authorised driver—a change of the postal address;(d)the damage, loss or theft of an authorising document.
prescribed smartcard Act means any of the following Acts—(a)the Adult Proof of Age Card Act 2008;(b)the Tow Truck Act 1973;(c)the Transport Operations (Marine Safety) Act 1994;(d)the Transport Operations (Road Use Management) Act 1995.
s 43F ins 2010 SL No. 189 s 39amd 2014 SL No. 219 s 36; 2015 SL No. 162 s 15Part 4Market entry restrictions44Purpose of pt 4The purpose of this part is to declare that public passenger services are, as mentioned in section 36 of the Act, to be provided with market entry restrictions.45Market entry restrictions—Act, s 36A public passenger service mentioned in schedule 1, column 1 is to be provided with market entry restrictions in the area or over the route listed opposite the service in column 2.Note—Sections 42 and 71 of the Act apply to a public passenger service to which a regulation under section 36 of the Act applies. If a regulation has been made, the chief executive may, under each of those sections, make a declaration by public notice or gazette notice.s 45 amd 2015 SL No. 119 s 5Part 5Service contracts46Purpose of pt 5The purpose of this part is to provide for matters in relation to service contracts as required by, or otherwise for, chapter 6 of the Act.Note—Section 37 of the Act sets out the purpose of service contracts.46AClasses of persons—Act, s 51(3)(1)The following classes of persons are prescribed for the Act, section 51(3)—(a)infants;(b)children;(c)school students;(d)a person who accompanies the holder of a companion card to provide care and support to the companion card holder.
(2)In this section—companion card means a companion card issued by a State in accordance with the National Companion Card Scheme.s 46A ins 2014 SL No. 218 s 647Matters to be considered—Act, s 59(2)(e)The following matters are prescribed for section 59(2)(e) of the Act—(a)evidence that proposed minimum service levels will be achieved;(b)evidence of financial viability;(c)overall suitability of vehicles, having regard to vehicle age and accessibility;(d)plans to increase patronage through marketing of services and public passenger transport.
48Matters to be considered or not considered by arbitrator in deciding amount of compensation(1)This section prescribes, for sections 61(4) and 62AAH(4) of the Act, matters to be considered, or not considered, by an arbitrator in deciding an amount of compensation.(2)An arbitrator must consider—(a)for deciding compensation under section 61(3) of the Act—the present value of the future maintainable profits or future cash flows of services of the kind provided for in the new service contract that were previously provided by an existing operator or service contract holder who is a party to the arbitration; and(b)for deciding compensation under 62AAH(3) of the Act—the present value of the future maintainable profits or future cash flows of services of the kind provided for in the new integrated mass transit service contract that were previously provided by an affected operator who is a party to the arbitration; and(c)the capitalisation of future maintainable profits or the discounting of future cash flows as the principal valuation methodology; and(d)the definition future cash flows in subsection (4) when selecting the appropriate discount rate to apply to the future cash flows; and(e)the definition future maintainable profits in subsection (4) when selecting the appropriate capitalisation rate to apply to the future maintainable profits; and(f)relevant risk factors including the life of the contract; and(g)the value of the services derived using implied revenue multiples or other customary industry benchmarks.
(3)An arbitrator must not consider—(a)capital gains tax; and(b)additional costs incurred by the existing or affected operator or service contract holder that are not related to the services acquired by the new operator; and(c)income and expenses from activities, including, for example, tourist and charter bus services, that are outside the scope of the new service contract, or the services provided for in the invitation to offer for an integrated mass transit service contract; and(d)economies of scale and operating efficiencies available to a new operator but not able to be achieved or accrued by the existing or affected operator or service contract holder.
(4)In this section—future cash flows means future maintainable profits adjusted for depreciation and capital expenditure.future maintainable profits means earnings before financial leases, interest and tax determined on the basis of past profits adjusted for the following—(a)abnormal or exceptional revenue or expense items;(b)owner’s remuneration;(c)variations in accounting standards application;(d)future changes to revenues and costs resulting from announced changes to government policy including, for example, changes in policy about—(i)school payment rates; and(ii)subsidy arrangements; and(iii)average vehicle age.
s 48 amd 2008 SL No. 210 s 10; 2009 SL No. 231 s 10; 2012 SL No. 217 s 1548AService contract route prescribed—Act, s 62AAA(1), definition integrated mass transit areaFor section 62AAA(1)(b) of the Act, the service contract route called the Southern Bay Islands Group service contract route is prescribed.s 48A ins 2013 SL No. 31 s 449Matters to be considered—Act, s 62AAE(2)(d)The following matters are prescribed for section 62AAE(2)(d) of the Act—(a)evidence that proposed minimum service levels will be achieved;(b)evidence of financial viability;(c)overall suitability of vehicles, having regard to vehicle age and accessibility.
50Service contracts required for administration of taxi services—Act, s 66On and from a day to be fixed by the chief executive by gazette notice, the administration of taxi services in a taxi service area must be performed under a service contract.51Additional service contract areas or routes in Translink areas 51 om 2008 SL No. 210 s 11Part 6Taxi services provided using a taxipt hdg amd 2007 SL No. 200 s 4sub 2016 SL No. 161 s 17Division 1Preliminary52Purpose of pt 6The purpose of this part is to provide for matters in relation to taxi service licences as required by, or otherwise for, chapter 7 of the Act.Note—Section 68 of the Act sets out the purpose of taxi service licences.52ATaxi services to which s 70 of the Act does not apply(1)For section 70(4) of the Act, this section prescribes taxi services to which section 70 of the Act does not apply.(2)A taxi service provided in a way other than as a rank and hail service is prescribed.s 52A ins 2007 SL No. 200 s 5sub 2016 SL No. 161 s 18amd 2017 SL No. 88 s 1752BApplication of pt 6This part, other than section 52A, applies only in relation to taxi services provided using a taxi.Note—See part 6A for provisions about cross-border taxi services.s 52B ins 2016 SL No. 161 s 1853Limitation on number of taxi service licences held by single operator and associates—Act, s 78(1)If there are more than 10 but not more than 20 taxi service licences for a taxi service area, a person must not hold more than 10 of the licences.(2)If there are more than 20 taxi service licences for a taxi service area, a person must not hold more than 50% of the licences.(3)For this section, a taxi service licence held by an associate of a person is taken to be held by the person.(4)In this section—associate, of a person, means someone who is in 1 or more of the following relationships with the person—(a)a spousal relationship;(b)the relationship of ascendant or descendant, or the relationship of persons who have a parent or grandparent in common;(c)a partnership;(d)the relationship of employer and employee;(e)a fiduciary relationship;(f)the relationship of persons, one of whom is accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the other;(g)the relationship of corporation and director or executive officer of the corporation;(h)the relationship of corporation and a person who is in a position of control or has substantial influence over the corporation’s conduct.
hold includes lease.54Transfer, lease or surrender of taxi service licences—Act, s 76(1)The holder of a taxi service licence for a taxi service for an area may—(a)transfer or lease the licence to another person who is accredited to provide the service; or(b)enter into other operating arrangements about the licence with another person who is accredited to provide the service.
(2)A person who transfers or leases a taxi service licence to someone else must, before the transfer or lease takes effect, give the chief executive written notice about the proposed transfer or lease.Maximum penalty—20 penalty units.(3)If a person has leased a taxi service licence to someone else, the person must give the chief executive written notice about the end of the lease before the lease ends.Maximum penalty—20 penalty units.(4)The holder of a taxi service licence may surrender the licence by written notice given to the chief executive.(5)A surrender takes effect from the day the notice is received by the chief executive or a later day stated in the notice.(6)In this section—end of the lease includes expiry of the lease.55Amendment, suspension and cancellation of taxi service licences—Act, ss 75(1) and 79(1)The chief executive may amend the conditions of a taxi service licence if the chief executive considers the amendment will result in a higher quality of service or will better meet the needs of users.(2)The chief executive may suspend or cancel a person’s taxi service licence if the chief executive considers—(a)the person has been convicted of a disqualifying offence; or(b)the person contravenes a condition of the licence; or(c)fees, or a taxi industry security levy, payable for the licence remains unpaid after the day payment is required to be made.
Note—Schedule 2 of the Act provides an amendment of the conditions of a taxi service licence, or a suspension or cancellation of a taxi service licence, is a reviewable decision.(3)In this section—considers includes is satisfied.s 55 amd 2009 Act No. 47 s 2856Notice about amendment, suspension and cancellation of taxi service licences(1)This section applies if the chief executive considers a ground exists, under section 55, to amend the conditions of, or to suspend or cancel, a person’s taxi service licence.(2)Before taking the action mentioned in subsection (1) (the proposed action), the chief executive must give the person a written notice—(a)stating the proposed action; and(b)stating the grounds for the proposed action; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)if the proposed action is amendment of the conditions of the taxi service licence—stating the proposed amendment; and(e)if the proposed action is suspension of the taxi service licence—stating the proposed suspension period; and(f)inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.
(3)If, after considering all written representations made within the stated time, the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—(a)if the proposed action was to amend the conditions of the taxi service licence—(i)amend the licence in the way stated in the regulation notice; or(ii)amend the licence in another way having regard to the representations; or
(b)if the proposed action was to suspend the taxi service licence—(i)suspend the licence for no longer than the period stated in the regulation notice; or(ii)amend the conditions of the licence having regard to the representations; or
(c)if the proposed action was to cancel the taxi service licence—(i)cancel the licence; or(ii)suspend the licence for a period; or(iii)amend the conditions of the licence having regard to the representations.
57Immediate suspension of taxi service licences—Act, s 79(1)The chief executive may immediately suspend a person’s taxi service licence, by giving a regulation notice to the person, if the chief executive considers it necessary in the public interest.Example of public interest—behaving in a way the chief executive considers is damaging to the reputation of public passenger transportNote—Schedule 2 of the Act provides a suspension of a taxi service licence is a reviewable decision and refers to section 79 of the Act. That section provides for an immediate suspension of a taxi service licence.(2)The chief executive may, under subsection (1), immediately suspend the person’s taxi service licence until the earlier of the following—(a)the chief executive gives the person a regulation notice under section 56(3);(b)the end of 56 days after the regulation notice mentioned in subsection (1) is given to the person.
(3)This section applies despite section 56.s 57 amd 2008 SL No. 351 s 458Further action after immediate suspension(1)This section applies if—(a)under section 57, the chief executive immediately suspends a person’s taxi service licence; and(b)the chief executive also proposes, under section 56, to amend the conditions of, or to suspend or cancel, the taxi service licence.
(2)The regulation notice under section 57(1) must also state the information mentioned in section 56(2) in relation to the action the chief executive proposes to take.(3)Section 56(3) applies to the proposed action as if the regulation notice given under section 57(1) were a notice given under section 56(2).59Return of taxi service licence if amended, suspended or cancelled(1)This section applies if a person is given a regulation notice—(a)amending the conditions of the person’s taxi service licence under section 56; or(b)suspending, including immediately suspending, the person’s taxi service licence; or(c)cancelling the person’s taxi service licence.
(2)As soon as practicable after the regulation notice is given to the person (but within 14 days), the person must return the taxi service licence to the chief executive, unless the person has a reasonable excuse.Maximum penalty—10 penalty units.(3)Even if the person does not return the taxi service licence, the action stated in the regulation notice has effect from the date stated in the notice.60Other amendments of taxi service licences(1)This section applies only if the chief executive proposes to amend a person’s taxi service licence—(a)for a formal or clerical reason; or(b)in another way that does not adversely affect the person’s interests; or(c)if the person asks.
(2)The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the person.60ATaxi service areas for taxi industry security levy—Act, s 80AEach taxi service area mentioned in schedule 2A is prescribed for section 80A of the Act.s 60A ins 2007 SL No. 200 s 661Advertising taxi services 61 om 2013 SL No. 269 s 4Division 2Operation of taxi services and taxis generally62Accepting hirings(1)The driver of a taxi available for hire must not refuse a hiring, including a hiring requested through a relevant administrator, for a destination that is within either of the following—(a)the taxi service area for which the taxi is licensed;(b)40km of the pick up point.
Maximum penalty—20 penalty units.(2)In this section—relevant administrator, for a taxi, means a person who administers taxi services provided by using the taxi.Note—See—(a)section 64 of the Act for when a person administers a taxi service; and(b)section 43 of the Act for the obligation to hold a service contract for providing a public passenger service (including a service for the administration of taxi services) in particular areas.
s 62 amd 2008 SL No. 133 s 462ARequirements about access to continuously operating booking service(1)This section applies if a condition of a taxi service licence requires the operator of a taxi service under the licence to have access to a continuously operating booking service.(2)The operator must keep a booking receiver that is in working condition in the taxi to be used to provide the taxi service.Maximum penalty—20 penalty units.(3)The driver of a taxi must not use the taxi under the taxi service licence unless—(a)a booking receiver that is in working condition is in the taxi; and(b)the booking receiver is connected to the relevant booking despatcher.
Maximum penalty—20 penalty units.(4)The driver of a taxi used to provide a taxi service under the taxi service licence must, immediately after the taxi service ends, reset a taximeter fitted to the taxi to remove the record of the fare amount for the taxi service.Note—See section 65 for operating requirements of taximeters.Maximum penalty—20 penalty units.(5)In this section—booking despatcher means the part of a continuously operating booking service that is for despatching information about bookings.booking receiver means the part of a continuously operating booking service that is for receiving information about bookings.s 62A ins 2008 SL No. 133 s 5amd 2016 SL No. 161 s 1963Fares and charges for taxis(1)The driver of a taxi to which the maximum fares under section 74A of the Act apply must not charge more than the maximum fare.Maximum penalty—40 penalty units.(2)The driver of a taxi to which the maximum fares do not apply, as mentioned in section 74A(2) of the Act, must not demand more than the agreed amount.Maximum penalty—20 penalty units.(3)In addition to the fare that a driver of a taxi may charge, the driver may charge a person who soils the taxi an additional amount (not more than 1 penalty unit) for cleaning the taxi.(4)If the driver of a taxi believes he or she will not be able to obtain the fare at the destination, before starting the hiring, the driver may require the hirer to pay the estimated fare or agreed amount for the hiring as a deposit.(5)The driver of a taxi must not drive the vehicle to the destination specified by the hirer in a way that involves excessive charging.Maximum penalty—20 penalty units.63ARequirements for itemised receiptss 63A ins 2013 SL No. 269 s 5om 2016 SL No. 161 s 2163BElectronic paymentss 63B ins 2013 SL No. 269 s 5om 2016 SL No. 173 s 564Requirements relating to taximeterss 64 amd 2013 SL No. 269 s 6om 2016 SL No. 173 s 565Operation of taximeter by taxi driver(1)This section applies to a taxi (fitted with a taximeter)—(a)to which the maximum fares under section 74A of the Act apply; or(b)that is stated in a gazette notice under section 74A(2) of the Act, if the agreed fare for the hiring is to be worked out by referring to the appropriate metered fare for the journey that would otherwise be payable by the hirer for the journey had the taxi not been booked and the fare agreed.Examples for paragraph (b)—A taxi operator and a hirer agree that the fare for a hiring is to be—•the metered fare plus $10; or•the metered fare plus 50% of the metered fare.
(2)The driver of the taxi must only activate the taximeter—(a)for a hail or rank hiring—when the hirer enters the taxi; or(b)for a booking—when the hirer is notified of the taxi’s arrival; or(c)for a booking for a specific time—at that time or the time when the hirer enters the taxi, whichever is earlier.
Maximum penalty—20 penalty units.(3)During a hiring, the driver of the taxi must stop the taximeter from registering a charge for any period during which the vehicle is unable to continue the hiring.Maximum penalty—20 penalty units.(4)The driver of the taxi must deactivate the taximeter before asking for, or receiving, payment or a voucher—(a)for a hiring other than a hiring under section 66—on arrival at the destination for the hiring; or(b)otherwise—on arrival at the last destination of the multiple hirings.
Maximum penalty—20 penalty units.66Multiple hiring(1)The driver of a taxi may carry out 2 or more individual hirings, at the same time, if—(a)all of the hirers agree to the driver of the taxi accepting the other hirings; and(b)the hirers are travelling to—(i)destinations in the same locality; or(ii)destinations in the same general direction; and
(c)the fare payable by each hirer is less than the maximum metered fare that would be payable by that hirer for a journey direct to that hirer’s destination; and(d)each hirer is advised of the rate of discount applying or the applicable fare before the journey starts; and(e)the hirings are not provided to a timetable.
(2)A driver of a taxi must not carry out 2 or more individual hirings at the same time except under subsection (1).Maximum penalty for subsection (2)—20 penalty units.67Maximum age limits for taxiss 67 amd 2011 SL No. 287 s 4; 2013 SL No. 269 s 7om 2016 SL No. 173 s 568Control of doors of taxiThe driver of a taxi must take control over opening and shutting the taxi’s doors if—(a)a prospective hirer of a taxi, or the parent or guardian of a prospective hirer, asks the driver to take control over opening and shutting the taxi’s doors; and(b)the design of the taxi allows the driver to control the opening and shutting of the taxi’s doors by using a device.
Maximum penalty—10 penalty units.s 68 prev s 68 om 2016 SL No. 161 s 22pres s 68 ins 2016 SL No. 173 s 669Air conditioning in taxiss 69 amd 2013 SL No. 269 s 8om 2016 SL No. 173 s 770Vehicle not to look like taxi unless licensed(1)A person must not place, or cause or permit to be placed, any printing or sign on a vehicle that reasonably implies the vehicle is a taxi unless it is a vehicle for which a taxi service licence is in force.Maximum penalty—20 penalty units.(2)After a vehicle stops being a taxi, the operator of a taxi service for which the vehicle was used as a taxi must ensure the vehicle no longer looks like a taxi, including by removing all of the following from the vehicle—(a)a hail light;(b)a taximeter;(c)printing or signage relevant to the vehicle as a taxi.
Maximum penalty—20 penalty units.(3)This section does not apply to a vehicle used as a substitute taxi under a substitute taxi authority.s 70 amd 2013 SL No. 269 s 9Division 3Substitute taxis71Purpose of div 3The purpose of this division is to allow—(a)a person who administers taxi services in a relevant area to arrange for the use of a vehicle, that is not a licensed taxi, in substitution of a licensed taxi; and(b)the holder of a taxi service licence for an area, other than a relevant area, to use a vehicle that is not a licensed taxi in substitution of a licensed taxi.
72Definitions for div 3In this division—authorised provider means—(a)a person who administers taxi services in a relevant area; or(b)the holder of a taxi service licence for an area other than a relevant area.
licensed taxi ...def licensed taxi om 2008 SL No. 351 s 5relevant area ...def relevant area om 2008 SL No. 351 s 5substitute taxi means a vehicle used by an authorised provider under a substitute taxi authority.substitute taxi authority see section 73.73Application for grant of substitute taxi authorityAn authorised provider may apply to the chief executive for authority (a substitute taxi authority) to allow a vehicle, other than a licensed taxi, to be used to provide a taxi service.74Deciding application(1)The chief executive must consider an authorised provider’s application for the grant of a substitute taxi authority and decide to—(a)grant a substitute taxi authority, with or without conditions; or(b)refuse to grant a substitute taxi authority.
(2)If the chief executive refuses to grant a substitute taxi authority or imposes a condition on the grant of the substitute taxi authority, the chief executive must give the authorised provider a regulation notice about the decision.(3)As part of considering the application for the grant of a substitute taxi authority, the chief executive may consider arrangements under which the authorised provider operates, including, for example, if the vehicles to be used as substitute taxis are to be owned, operated or managed by another person.75Circumstances when substitute taxi may be usedAn authorised provider may only use a substitute taxi if a licensed taxi used to provide a taxi service can not be used because of—(a)a major mechanical failure; or(b)a major accident; or(c)another circumstance stated in the substitute taxi authority.Example for paragraph (c)—The substitute taxi authority may provide that a 4-wheel drive vehicle can be used when roads are impassable after heavy rain.
Maximum penalty—40 penalty units.76Consequence of noncompliance with a conditionAn authorised provider must comply with each condition of a substitute taxi authority granted to the authorised provider, unless the authorised provider has a reasonable excuse.Maximum penalty—40 penalty units.77Cancellation of substitute taxi authority(1)The chief executive may cancel a substitute taxi authority if the chief executive considers the authorised provider contravened or is contravening a condition of the authority.(2)Before cancelling the substitute taxi authority, the chief executive must give the authorised provider a written notice—(a)stating the chief executive is considering cancelling the substitute taxi authority; and(b)stating the grounds for the cancellation; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)inviting the provider to show, within a stated time of at least 28 days, why the authority should not be cancelled.
(3)If, after considering all written representations made within the stated time, the chief executive is satisfied the authorised provider contravened or is contravening a condition of the substitute taxi authority, the chief executive may, by giving a regulation notice to the provider, cancel the authority.(4)As soon as practicable after the regulation notice is given to the authorised provider (but within 14 days), the provider must return the substitute taxi authority to the chief executive, unless the provider has a reasonable excuse.Maximum penalty—10 penalty units.(5)Even if the authorised provider does not return the substitute taxi authority, the action stated in the regulation notice has effect from the date stated in the notice.78Requirements for the use of a substitute taxiAn authorised provider must not use, or allow the use of, a substitute taxi unless the vehicle—(a)is stated in the substitute taxi authority as a vehicle that may be used as a substitute taxi; and(b)complies with each condition of the taxi service licence under which the substitute taxi is to be operated; andExample of a condition for paragraph (b)—a condition that the taxi be operated only in the taxi service area to which the taxi service licence applies(c)displays the letters ‘ST’ on the rear and side panels of the vehicle; and(d)if the vehicle being used as a substitute taxi is a metered taxi—displays a substitute taxi licence plate issued by the chief executive.
Maximum penalty—40 penalty units.79Records to be kept when substitute taxi used instead of a licensed taxi(1)An authorised provider must keep a written record of the following information when a substitute taxi is used instead of a licensed taxi—(a)the registration number of the substitute taxi;(b)the registration number and any fleet number of the licensed taxi;(c)the date and time of the use of the substitute taxi;(d)the reason why the licensed taxi could not be used;(e)the location of the licensed taxi during the use of the substitute taxi.
Maximum penalty—20 penalty units.(2)The authorised provider must keep, or arrange for the keeping of, the following information in the substitute taxi when the authorised provider uses the substitute taxi instead of a licensed taxi—(a)a copy of the information mentioned in subsection (1);(b)a copy of any conditions imposed on the taxi service licence for the licensed taxi;(c)if the authorised provider is not the holder of the taxi service licence—the written permission of the authorised provider for the use of the substitute taxi.
Maximum penalty—40 penalty units.s 79 amd 2008 SL No. 351s 6; 2011 SL No. 287s 580When vehicle not used as a substitute taxi(1)If a substitute taxi is not being used as a substitute taxi, the authorised provider must—(a)at the request of the chief executive, make the substitute taxi available for inspection by the chief executive; and(b)unless the substitute taxi is being used other than for providing a taxi service, keep the substitute taxi at a place that is not a public place; and(c)not stand the substitute taxi in a place or in a way that would reasonably imply that the substitute taxi is available for hire as a taxi.
Maximum penalty—40 penalty units.(2)If an authorised provider of a substitute taxi uses the vehicle to provide a public passenger service other than as a substitute taxi, the authorised provider must keep a written record of the particulars mentioned in section 124(2)(b), (c), (d) and (e) in relation to the vehicle while it is used to provide the public passenger service other than as a substitute taxi.Maximum penalty—20 penalty units.s 80 amd 2016 SL No. 161 s 24Division 4Taxi security camera systemsdiv hdg om 2017 SL No. 88 s 1881Definitions for div 4s 81 om 2017 SL No. 88 s 18def audio recording ins 2013 SL No. 269 s 10(2)def authorised purpose amd 2013 SL No. 269s 10(3)def holder om 2013 SL No. 269 s 10(1)def fully operational sub 2013 SL No. 269s 10(1)–(2)def properly fitted ins 2013 SL No. 269s 10(2)def security recording ins 2013 SL No. 269s 10(2)def taxi security camera system sub 2013 SL No. 269s 10(1)–(2)82Obligation on holder of taxi service licences 82 om 2013 SL No. 269 s 1183Obligation on operator of taxi services 83 sub 2013 SL No. 269 s 12om 2017 SL No. 88 s 1884Obligation on driver of taxis 84 om 2017 SL No. 88 s 1885Notice that approved taxi security camera system not properly fitted or fully operationals 85 amd 2007 SL No. 67 s 5; 2013 SL No. 269 s 13om 2017 SL No. 88 s 1886Chief executive may approve specifications for taxi security camera systems 84 om 2017 SL No. 88 s 1887Chief executive may approve taxi security camera systems 87 amd 2013 SL No. 269s 14om 2017 SL No. 88 s 1888Taxi not to be fitted with taxi security camera system that has not been approveds 88 om 2017 SL No. 88 s 1889Approval of signss 89 om 2017 SL No. 88 s 1890Person must not tamper with an approved taxi security camera systems 90 om 2017 SL No. 88 s 1891Use of security recordings from approved taxi security camera systems 91 amd 2010 SL No. 191 s 133 sch 7; 2011 SL No. 287 s 6; 2013 SL No. 269 s 15om 2017 SL No. 88 s 1892Security safeguards to be taken to protect against unauthorised use of security recordings 92 amd 2007 SL No. 282 s 5; 2013 SL No. 269 s 16om 2017 SL No. 88 s 1893Disposal of security recordingss 93 amd 2013 SL No. 269s 17om 2017 SL No. 88 s 18Division 5Taxi subsidy schemeSubdivision 1Definitionssdiv hdg ins 2007 SL No. 282s 694Definitions for div 5In this division—approved card reader means an electronic device, of a type approved by the chief executive, for use in a taxi to—(a)verify that a membership card is current; and(b)verify that the driver of a taxi holds driver authorisation; and(c)enable the automatic calculation of a benefit under the taxi subsidy scheme for a taxi journey; and(d)facilitate payments under the taxi subsidy scheme.
def approved card reader ins 2007 SL No. 282s 7approved relevant person means a person whose application under section 95 has been approved.authorised purpose, in relation to taxi subsidy scheme information, means any of the following purposes—(a)for, or in connection with, the prosecution of, or the issue of an infringement notice for, an offence committed in or about the taxi to which the taxi subsidy scheme information relates;(b)a purpose relating to a police officer’s performance of duties as a police officer, other than a purpose mentioned in paragraph (a);(c)the administration of the taxi subsidy scheme, including—(i)planning for the scheme; and(ii)the performance of a service, for the administration of the scheme, under a contract with the State; and(iii)payments to taxi operators and drivers under the scheme;
(d)the carrying out of work by a manufacturer or supplier of an approved card reader, or equipment used in connection with an approved card reader, to maintain, or address a failure in, the equipment;(e)the disclosure or use of taxi subsidy scheme information as required or authorised under an Act.
def authorised purpose ins 2007 SL No. 282s 7decision notice, for a decision of the chief executive, means a written notice stating—(a)the decision; and(b)the reasons for the decision.
def decision notice ins 2016 SL No. 13 s 3(1)manual card reader means a device capable of taking an imprint from a membership card.def manual card reader ins 2007 SL No. 282s 7membership card means an electronic card that—(a)is or has been issued by the chief executive in relation to an approved relevant person’s membership of the taxi subsidy scheme, for use with an approved card reader or a manual card reader; and(b)includes a photograph of the approved relevant person.
def membership card ins 2007 SL No. 282s 7National Disability Insurance Scheme means the scheme under the National Disability Insurance Scheme Act 2013 (Cwlth).def National Disability Insurance Scheme ins 2016 SL No. 13 s 3(1)NDIS participant means—(a)a person who—(i)is a participant in the National Disability Insurance Scheme; and(ii)has a plan in effect under the National Disability Insurance Scheme Act 2013 (Cwlth), section 37; or
(b)a person who has ceased to be a participant under section 29 of that Act because the person has given notification that the person no longer wishes be a participant.
def NDIS participant ins 2016 SL No. 13 s 3(1)relevant person means a person, other than an NDIS participant, who—(a)has a physical disability making the person dependant on a wheelchair for mobility outside the person’s residence; or(b)has a physical disability or other medical condition that restricts the person from walking, unassisted and without a rest, 50m or less and—(i)makes the person permanently dependant on a walking aid; or(ii)prevents the person from ascending or descending 3 steps without assistance; or(iii)has resulted in a history of frequent falls; or(iv)is a condition that is an advanced cardiovascular, respiratory or neurological disorder; or(v)causes severe pain limiting ambulation, verifiable by appropriate clinical investigations; or
(c)has a physical disability or other medical condition requiring—(i)the person to ordinarily carry treatment equipment which, when carried, restricts the person from walking, unassisted and without rest, 50m or less; or(ii)someone else to ordinarily carry or administer treatment equipment for the person; or
(d)has a severe emotional or behavioural disorder with a level of disorganisation resulting in the need to be always accompanied by another person for travel on public transport; or(e)has a total loss of vision or severe permanent visual impairment; or(f)has severe and uncontrollable epilepsy; or(g)has an intellectual disability causing behavioural problems—(i)resulting in socially unacceptable behaviour; and(ii)requiring the constant assistance of someone else for travel on public transport; or
(h)has a clinical condition resulting in a disability mentioned in paragraphs (a) to (g) of a temporary nature, and is undergoing medical, surgical or rehabilitative treatment for the disability, requiring the person to have access to taxi travel for a period of at least 5 months.
def relevant person amd 2016 SL No. 13 s 3(2)taxi subsidy scheme means a scheme, administered by the chief executive, under which the State pays part of taxi fares for approved relevant persons by providing a benefit to each approved relevant person in relation to the cost of taxi travel, without providing amounts of money to the person.taxi subsidy scheme information means—(a)information, whether or not in electronic form, on a membership card; or(b)information generated or transmitted under the taxi subsidy scheme by an approved card reader; or(c)a record, or other information, derived from information generated or transmitted under the taxi subsidy scheme by an approved card reader.
def taxi subsidy scheme information ins 2007 SL No. 282s 7Subdivision 2Membership of taxi subsidy schemesdiv hdg ins 2007 SL No. 282s 895Application for, and grant or refusal of, assistance under taxi subsidy scheme(1)A person may apply to the chief executive for membership of the taxi subsidy scheme as a relevant person.(2)The application must be in the approved form.(3)The chief executive must consider the application and decide—(a)to approve the application; or(b)under subsection (4), to refuse to approve the application.
(4)The chief executive may refuse to approve the application, by giving the person a decision notice, if—(a)the chief executive is not satisfied the person is a relevant person; or(b)the person has been convicted of an offence against section 149(3) of the Act in relation to a taxi subsidy scheme.
s 95 amd 2016 SL No. 13 s 496Chief executive may cancel assistance under taxi subsidy scheme(1)The chief executive may cancel a person’s approval as an approved relevant person if—(a)the chief executive is no longer satisfied the person is a relevant person; or(b)the person has been convicted of an offence against section 149(3) of the Act in relation to a taxi subsidy scheme.
(2)Before cancelling the approval, the chief executive must give the approved relevant person a written notice—(a)stating the chief executive is considering cancelling the approval; and(b)stating the grounds for the cancellation; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)inviting the person to show, within a stated time of at least 28 days, why the cancellation should not be taken.
(3)If, after considering all written representations made within the stated time, the chief executive is not satisfied the person is a relevant person as mentioned in subsection (1)(a), or is satisfied the person has been convicted as mentioned in subsection (1)(b), the chief executive may cancel the approval by giving the person a decision notice.(4)However, if the chief executive is no longer satisfied the person is a relevant person because the person is an NDIS participant, the chief executive—(a)need not comply with subsection (2); and(b)may cancel the approval by giving the person a decision notice.
(5)Unless the person has a reasonable excuse, as soon as practicable after the decision notice is given to the approved relevant person (but within 14 days), the person must return to the chief executive—(a)the person’s membership card evidencing the person’s membership of the taxi subsidy scheme; and(b)any unused taxi vouchers given under the taxi subsidy scheme.
Maximum penalty—10 penalty units.(6)Even if the person does not return the membership card or any unused taxi vouchers given under the taxi subsidy scheme, the cancellation has effect from the date stated in the decision notice.s 96 amd 2016 SL No. 13 s 596AAProduction of membership card to receive benefitAn approved relevant person can not receive a benefit under the taxi subsidy scheme for a taxi journey by the person unless the person produces his or her membership card to the driver of the taxi for the journey that is to be subsidised.s 96AA ins 2007 SL No. 282s 9Subdivision 2ADisclosure or use of relevant information for taxi subsidy schemesdiv hdg ins 2016 SL No. 13 s 696AAAChief executive may disclose or use relevant information(1)This section applies to—(a)the use of relevant information for a TSS related person by the chief executive; and(b)the disclosure of relevant information for a TSS related person, by the chief executive, to the following—(i)a public service employee;(ii)an entity established by an Act for a public purpose;(iii)the Commonwealth, or an entity of the Commonwealth.
(2)The chief executive may use or disclose the relevant information for administering the taxi subsidy scheme.(3)Without limiting subsection (2), the chief executive may use or disclose the relevant information—(a)to decide whether the person is an NDIS participant; or(b)to assist the transition of the person from the taxi subsidy scheme to the National Disability Insurance Scheme, whether or not the person becomes a participant in the National Disability Insurance Scheme; orExample of paragraph (b)—Disclosure of the relevant information to assist in deciding whether a person is eligible to become a participant in the National Disability Insurance Scheme.(c)to assist the transition of the person from the National Disability Insurance Scheme to the taxi subsidy scheme, whether or not the person becomes an approved relevant person.
(4)In this section—entity of the Commonwealth includes an entity established by an Act of the Commonwealth for a public purpose.relevant information, for a TSS related person, means the following—(a)the person’s name;(b)the person’s date of birth;(c)the person’s contact details;(d)the person’s gender;(e)other information about the person that is related to the administration of the taxi subsidy scheme.Examples of other information—•the name and contact details of the person’s carer or guardian and details of any relationship between the person and the person’s carer or guardian•benefits received by the person under the taxi subsidy scheme
TSS related person means—(a)an applicant for membership of the taxi subsidy scheme as a relevant person; or(b)an approved relevant person; or(c)a person who was previously an approved relevant person.
s 96AAA ins 2016 SL No. 13 s 6Subdivision 3Obligations on all personssdiv 3 (ss 96AB–96AC) ins 2007 SL No. 282s 996ABDisclosure or use of taxi subsidy scheme informationA person must not disclose or use taxi subsidy scheme information other than for an authorised purpose.Maximum penalty—80 penalty units.sdiv 3 (ss 96AB–96AC) ins 2007 SL No. 282s 996ACMisusing, or tampering with, membership card or approved card readerA person must not misuse, or tamper with, a membership card or approved card reader.Maximum penalty—40 penalty units.sdiv 3 (ss 96AB–96AC) ins 2007 SL No. 282s 9Subdivision 4Obligations on holder of taxi service licence or substitute taxi authoritysdiv 4 (ss 96AD–96AE) ins 2007 SL No. 282s 996ADEnsuring approved card reader is fitted(1)The holder of a taxi service licence must ensure a taxi operated under the licence is fitted with an approved card reader if the taxi is not an exempted taxi.Maximum penalty—40 penalty units.(2)The holder of a substitute taxi authority must ensure a substitute taxi used under the authority is fitted with an approved card reader.Maximum penalty—40 penalty units.sdiv 4 (ss 96AD–96AE) ins 2007 SL No. 282s 996AEEnsuring approved card reader appears to be working when making taxi or substitute taxi available under lease or contract(1)This section applies if—(a)the holder of—(i)a taxi service licence for a taxi leases the licence; or(ii)a substitute taxi authority for a taxi enters into a contract or other arrangement in relation to the substitute taxi authority; and
(b)the holder makes the taxi or substitute taxi available to another person under the lease, contract or arrangement; and(c)the taxi or substitute taxi is fitted with an approved card reader; and(d)for the taxi—the taxi is not an exempted taxi.
(2)The holder must ensure the approved card reader appears to be working when the holder makes the taxi or substitute taxi available to the other person.Maximum penalty—40 penalty units.sdiv 4 (ss 96AD–96AE) ins 2007 SL No. 282s 9Subdivision 5Obligations on operatorsdiv hdg ins 2007 SL No. 282s 996AFEnsuring approved card reader appears to be working when taxi is made available to driver(1)This section applies if—(a)the operator of a taxi service makes available to a driver a taxi used to provide the service; and(b)the taxi is fitted with an approved card reader; and(c)the taxi is not an exempted taxi.
(2)The operator must ensure the approved card reader appears to be working when the operator makes the taxi available to the driver.Maximum penalty—40 penalty units.s 96AF ins 2007 SL No. 282s 996AGEnsuring approved card reader interfaces with taximeter and is kept connected(1)This section applies if—(a)a taxi used to provide a taxi service is fitted with an approved card reader; and(b)the taxi is fitted with a taximeter; and(c)the taxi is not an exempted taxi.
(2)The operator of the service must ensure the approved card reader interfaces with the taximeter to enable the automatic calculation of the benefit under the taxi subsidy scheme for a journey.Maximum penalty—20 penalty units.(3)The operator of the service must ensure a connection for the electronic transmission of information is kept between the taximeter and the approved card reader while the taxi is in use.Maximum penalty—20 penalty units.(4)The operator of the service does not commit an offence against subsection (2) or (3) if—(a)a defect in, or damage to, the approved card reader or the taximeter prevents compliance with the subsection; and(b)arrangements have been made to repair the approved card reader.
s 96AG ins 2007 SL No. 282s 996AHManual card reader and restricted use slips to be carried in taxi(1)The operator of a taxi service must ensure that, while a taxi used to provide the service is available for hire, both of the following are carried in the taxi—(a)a manual card reader;(b)a sufficient number of restricted use slips for the period of time that the taxi is available for hire.
Maximum penalty—20 penalty units.(2)In this section—restricted use slip means a document that is used in association with a manual card reader to facilitate payments of taxi fares under a taxi subsidy scheme.s 96AH ins 2007 SL No. 282s 9sub 2011 SL No. 287s 7Subdivision 6Obligations on taxi driversdiv hdg ins 2007 SL No. 282s 996AIDriver authorisation number to be entered(1)This section applies if—(a)a taxi is fitted with an approved card reader; and(b)the taxi is not an exempted taxi.
(2)The driver of the taxi must—(a)enter his or her driver authorisation number into the approved card reader at the start of each shift to validate the currency of his or her driver authorisation; and(b)sight the response from the approved card reader.
Maximum penalty—40 penalty units.(3)The driver does not commit an offence against subsection (2) if—(a)a defect in, or damage to, the approved card reader prevents compliance with the subsection; and(b)arrangements have been made to repair the approved card reader.
s 96AI ins 2007 SL No. 282s 996AJHow approved card reader must be used(1)This section applies if—(a)an approved relevant person produces the person’s membership card to the driver of a taxi, used to provide a taxi service, for the journey that is to be subsidised; and(b)the taxi is fitted with an approved card reader; and(c)the taxi is not an exempted taxi.
(2)The driver must—(a)use the membership card with the approved card reader—(i)to validate the currency of the approved relevant person’s membership of the taxi subsidy scheme; and(ii)to facilitate the payment, under the scheme, in relation to the fare for the journey; and
(b)sight the response for paragraph (a)(i) from the approved card reader.
Maximum penalty—40 penalty units.(3)The driver does not commit an offence against subsection (2) if—(a)a defect in, or damage to, the approved card reader prevents compliance with the subsection; and(b)arrangements have been made to repair the approved card reader.
s 96AJ ins 2007 SL No. 282s 9amd 2014 SL No. 218s 796AKWhen manual card reader must be used(1)This section applies if—(a)an approved relevant person produces the person’s membership card to the driver of a taxi, used to provide a taxi service, for the journey that is to be subsidised; and(b)the taxi is not an exempted taxi; and(c)the taxi is fitted with an approved card reader; and(d)the approved card reader is not working properly or at all; and(e)a manual card reader is carried in the taxi.
(2)The driver of the taxi must use the manual card reader to take an imprint of the membership card.Maximum penalty—40 penalty units.s 96AK ins 2007 SL No. 282s 996ALWhen manual card reader must not be usedThe driver of a taxi must not use a manual card reader unless—(a)the taxi is an exempted taxi; or(b)the approved card reader is not working properly or at all.
Maximum penalty—40 penalty units.s 96AL ins 2007 SL No. 282s 996AMDriver to compare photograph and not to hire taxi to particular person(1)If, for a journey, a hirer of a taxi produces a membership card to the driver of the taxi, the driver must make a visual comparison between the person and the photograph on the membership card.Maximum penalty—40 penalty units.(2)The driver of a taxi must not hire the taxi to a person for a journey if the driver reasonably believes that—(a)the person is not an approved relevant person; and(b)the person intends to obtain a benefit under the taxi subsidy scheme in relation to the fare for the journey.
Maximum penalty—40 penalty units.s 96AM ins 2007 SL No. 282s 996ANDriver of taxi must not refuse hiring by approved relevant personThe driver of a taxi available for hire must not refuse a hiring by an approved relevant person, unless the driver has a reasonable excuse.Maximum penalty—40 penalty units.s 96AN ins 2007 SL No. 282s 9Division 6Taxi driver display cards and interim taxi driver display cardsdiv hdg ins 2010 SL No. 373s 4Subdivision 1Taxi driver display cardssdiv 1 (ss 96AO–96AQ) ins 2010 SL No. 373s 496AOIssue of taxi driver display cardThe chief executive may issue a taxi driver display card to a holder of driver authorisation for a taxi.sdiv 1 (ss 96AO–96AQ) ins 2010 SL No. 373s 496APTaxi driver display card to be displayed(1)The driver of a taxi must not drive the taxi in a prescribed area while the taxi is available for hire unless the taxi driver displays the taxi driver display card for the driver in a prominent position inside the taxi so that information on the card is readily visible to all passengers in the taxi.Maximum penalty—20 penalty units.Note—A taxi driver display card is an authorising document.Editor’s note—Taxi service areas are described on the department’s website at <www.tmr.qld.gov.au>.(2)However, the driver of a taxi does not commit an offence under subsection (1) if the driver—(a)is driving a NSW taxi to provide a cross-border taxi service; or(b)is displaying an interim taxi driver display card for the driver under section 96AU; or(c)is driving a taxi for a passenger journey originating in a taxi service area other than a prescribed area.
sdiv 1 (ss 96AO–96AQ) ins 2010 SL No. 373s 496AQPerson not to display taxi driver display card unless person holds driver authorisation for a taxiA person issued a taxi driver display card under section 96AO who is driving a taxi while the taxi is available for hire must not display the card in the taxi unless the person holds driver authorisation for a taxi.Maximum penalty—60 penalty units.sdiv 1 (ss 96AO–96AQ) ins 2010 SL No. 373s 4Subdivision 2Interim taxi driver display cardssdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 496ARIssue of interim taxi driver display cardThe chief executive may issue an interim taxi driver display card to an accredited operator of a taxi service who provides a taxi service in a prescribed area to enable the accredited operator to assign the card to a person if—(a)the person holds driver authorisation for a taxi; and(b)either—(i)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or(ii)the person has not been issued a taxi driver display card.
sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 496ASTemporary assignment of interim taxi driver display card by accredited operator of a taxi service(1)An accredited operator of a taxi service who has been issued an interim taxi driver display card under section 96AR may assign the card to a person for a term of 2 weeks if—(a)either—(i)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or(ii)a taxi driver display card has not been issued to the person; and
(b)the person gives the operator the following information about the person, and the operator has no reason to suspect the information is false—(i)evidence that the person holds driver authorisation for a taxi;(ii)written notice that—(A)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or(B)the person has not been issued a taxi driver display card.
Note—An interim taxi driver display card is an authorising document.(2)An accredited operator of a taxi service must not assign an interim driver display card to a person unless the person holds driver authorisation for a taxi.Maximum penalty for subsection (2)—40 penalty units.sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 496ATTemporary issue of interim taxi driver display card by chief executiveThe chief executive may issue an interim taxi driver display card to a person who drives a taxi in a prescribed area for a term of 2 weeks if—(a)the person holds driver authorisation for a taxi; and(b)either—(i)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or(ii)a taxi driver display card has not been issued to the person.
sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 496AUWhen interim taxi driver display card must, or must not, be displayed(1)This section applies if the driver of a taxi holds an interim taxi driver display card.(2)The driver must not drive the taxi in a prescribed area while the taxi is available for hire unless the taxi driver displays the interim taxi driver display card in a prominent position inside the taxi so that information on the card is readily visible to all passengers in the taxi.Maximum penalty—20 penalty units.Note—An interim taxi driver display card is an authorising document.(3)However, the driver of a taxi does not commit an offence under subsection (2) if the driver—(a)is driving a NSW taxi to provide a cross-border taxi service; or(b)is driving a taxi for a passenger journey originating in a taxi service area other than a prescribed area.
(4)A person assigned or issued an interim taxi driver display card under section 96AS or 96AT who is driving a taxi in a prescribed area while the taxi is available for hire must not display the card in the taxi—(a)other than during the term for which the card was issued or the term of the assignment; or(b)if the person has been issued a taxi driver display card.
Maximum penalty—20 penalty units.Note—See also section 96AZ.sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 496AVFalse or misleading information relating to assignmentA person must not give an accredited operator of a taxi service information the person knows is false or misleading in a material particular relating to the assignment of an interim taxi driver display card to the person.Maximum penalty—40 penalty units.sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 496AWRecord to be kept about assignmentAn accredited operator of a taxi service who assigns an interim taxi driver display card to a person under section 96AS must keep a written record of the following for at least 5 years after the assignment at a place of business of the accredited operator—(a)the name and driver authorisation number of the person to whom the card is assigned;(b)the reason for the assignment;(c)the date of the assignment;(d)the date the card is returned to the accredited operator;
Maximum penalty—20 penalty units.sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 496AXReturn of interim taxi driver display card(1)A person who is assigned an interim taxi driver display card under section 96AS must, unless the person has a reasonable excuse, return the card to the accredited operator of a taxi service who assigned the card to the person—(a)within 2 weeks after the term of the assignment ends; or(b)if requested by the accredited operator—(i)immediately after the request is made; or(ii)within the period stated by the accredited operator; or
(c)within 2 weeks after the person’s driver authorisation for a taxi is suspended or cancelled.
Maximum penalty—20 penalty units.(2)Subsection (1) applies despite the assignment of the card to the person for a term of 2 weeks.(3)A person who is issued an interim taxi driver display card under section 96AT must, unless the person has a reasonable excuse, return the card to the chief executive—(a)within 2 weeks after the term for which the card was issued ends; or(b)within 2 weeks after the person’s driver authorisation for a taxi is suspended or cancelled.
Maximum penalty—20 penalty units.sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 496AYDuty to notify damage, loss or theft of interim taxi driver display card(1)If an interim taxi driver display card is—(a)issued to an accredited operator of a taxi service under section 96AR; and(b)assigned to a person under section 96AS; and(c)damaged, lost or stolen;
the person must give the accredited operator written notice of the damage, loss or theft, as soon as possible, unless the person has a reasonable excuse.Maximum penalty—20 penalty units.(2)If an interim taxi driver display card is—(a)issued to an accredited operator of a taxi service under section 96AR; and(b)damaged, lost or stolen;
the accredited operator must give the chief executive written notice of the damage, loss or theft no later than 5p.m. on the next business day after becoming aware of the damage, loss or theft, unless the accredited operator has a reasonable excuse.Maximum penalty—20 penalty units.sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 496AZPerson not to display interim taxi driver display card unless person holds driver authorisation for a taxiA person assigned or issued an interim taxi display card under section 96AS or 96AT who is driving a taxi while the taxi is available for hire must not display the card in the taxi unless the person holds driver authorisation for a taxi.Maximum penalty—60 penalty units.sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4Part 6ACross-border taxi servicespt hdg ins 2007 SL No. 200 s 7sub 2016 SL No. 161 s 2596AServices for which taxi service licence not requireds 96A ins 2007 SL No. 200 s 7om 2016 Act No. 13 s 796BRequirement to carry licence for NSW taxi(1)The operator of a cross-border taxi service must ensure the licence for the NSW taxi used to provide the service is kept inside the taxi and is readily available to the driver of the taxi.Maximum penalty—40 penalty units.(2)A person driving a NSW taxi to provide a cross-border taxi service must, if asked by an authorised person, make the licence for the taxi available for inspection by the authorised person.Maximum penalty—40 penalty units.(3)In this section—licence, for a NSW taxi, means—(a)the licence under the Passenger Transport Act 1990 (NSW), part 4, division 4 relating to the taxi; or(b)a copy of the licence mentioned in paragraph (a).
s 96B ins 2007 SL No. 200 s796CCross-border taxi ranks(1)The chief executive may erect or place a sign at a taxi rank in the Queensland–NSW border area identifying the taxi rank as a taxi rank where a NSW taxi can ply or stand for hire by a person intending to make a journey to New South Wales.(2)In this section—Queensland–NSW border area means the part of Queensland bound by the following—(a)Currumbin Creek;(b)Tomewin Mountain Road;(c)the border between Queensland and New South Wales;(d)the Queensland shoreline.
s 96C ins 2007 SL No. 200 s 7Part 7Limousine servicesDivision 1Preliminary97Purpose of pt 7The purpose of this part is to provide for matters in relation to limousine service licences as required by, or otherwise for, chapter 8 of the Act.Note—Section 81 of the Act sets out the purpose of limousine service licences.Division 2Limousine service licences98Transfer, lease or surrender of limousine service licences—Act, s 89(1)The holder of a limousine service licence for a limousine service for an area may—(a)transfer or lease the licence to another person who is accredited to provide the service; or(b)enter into other operating arrangements about the licence with another person who is accredited to provide the service.
(2)A person who transfers or leases a limousine service licence to someone else must, before the transfer or lease takes effect, give the chief executive written notice about the proposed transfer or lease.Maximum penalty—20 penalty units.(3)If a person has leased a limousine service licence to someone else, the person must give the chief executive written notice about the end of the lease before the lease ends.Maximum penalty—20 penalty units.(4)Subsections (1) to (3) do not apply to a special purpose limousine service licence.(5)The holder of a limousine service licence may surrender the licence by written notice given to the chief executive.(6)A surrender takes effect from the day the notice is received by the chief executive or a later day stated in the notice.(7)In this section—end of the lease includes expiry of the lease.s 98 amd 2008 SL No. 351s 799Amendment, suspension and cancellation of limousine service licences—Act, ss 88(1) and 91(1)The chief executive may amend the conditions of a limousine service licence if satisfied the amendment will result in a higher quality of service or will better meet the needs of users.(2)The chief executive may suspend or cancel a person’s limousine service licence if satisfied—(a)the person has been convicted of a disqualifying offence; or(b)the person contravenes a condition of the licence; or(c)fees payable for the licence remain unpaid after the day payment is required to be made.
Note—Schedule 2 of the Act provides an amendment of a limousine service licence, or suspension or cancellation of a limousine service licence, is a reviewable decision.100Notice about amendment, suspension and cancellation of limousine service licences(1)This section applies if the chief executive considers a ground exists under section 99 to amend the conditions of, or to suspend or cancel, a person’s limousine service licence.(2)Before taking the action mentioned in subsection (1) (the proposed action), the chief executive must give the person a written notice—(a)stating the proposed action; and(b)stating the grounds for the proposed action; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)if the proposed action is amendment of the conditions of the limousine service licence—stating the proposed amendment; and(e)if the proposed action is suspension of the limousine service licence—stating the proposed suspension period; and(f)inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.
(3)If, after considering all written representations made within the stated time, the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—(a)if the proposed action was to amend the conditions of the limousine service licence—(i)amend the licence in the way stated in the regulation notice; or(ii)amend the licence in another way, having regard to the representations; or
(b)if the proposed action was to suspend the limousine service licence—(i)suspend the licence for no longer than the period stated in the regulation notice; or(ii)amend the conditions of the licence having regard to the representations; or
(c)if the proposed action was to cancel the limousine service licence—(i)cancel the licence; or(ii)suspend the licence for a period; or(iii)amend the conditions of the licence having regard to the representations.
101Immediate suspension of limousine service licences—Act, s 91(1)The chief executive may immediately suspend a person’s limousine service licence, by giving a regulation notice to the person, if the chief executive considers it necessary in the public interest.Example of public interest—behaving in a way the chief executive considers is damaging to the reputation of public passenger transport(2)The chief executive may, under subsection (1), immediately suspend the person’s limousine service licence until the earlier of the following—(a)the chief executive gives the person a regulation notice under section 100(3);(b)the end of 56 days after the regulation notice under subsection (1) is given to the person.
(3)This section applies despite section 100.Note—Schedule 2 of the Act provides a suspension of a limousine service licence is a reviewable decision and refers to section 91 of the Act. That section provides for an immediate suspension of a limousine service licence.102Further action after immediate suspension(1)This section applies if—(a)under section 101, the chief executive immediately suspends a person’s limousine service licence; and(b)the chief executive also proposes, under section 100, to amend the conditions of, or to suspend or cancel, the limousine service licence.
(2)The regulation notice under section 101(1) must also state the information mentioned in section 100(2) in relation to the action the chief executive proposes to take.(3)Section 100(3) applies to the proposed action as if the regulation notice given under section 101(1) were a notice given under section 100(2).103Return of limousine service licence if amended, suspended or cancelled(1)This section applies if a person is given a regulation notice—(a)amending the conditions of the person’s limousine service licence under section 99; or(b)suspending, including immediately suspending, the person’s limousine service licence; or(c)cancelling the person’s limousine service licence.
(2)As soon as practicable after the regulation notice is given to the person (but within 14 days), the person must return the limousine service licence to the chief executive, unless the person has a reasonable excuse.Maximum penalty—10 penalty units.(3)Even if the person does not return the limousine service licence, the action stated in the regulation notice has effect from the date stated in the notice.104Other amendments of limousine service licences(1)This section applies only if the chief executive proposes to amend a person’s limousine service licence—(a)for a formal or clerical reason; or(b)in another way that does not adversely affect the person’s interests; or(c)if the person asks.
(2)The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the person.Division 3Operation of limousine services105Luxury motor vehicles—Act, sch 3, def luxury motor vehicle, paragraph (a)A luxury motor vehicle is—(a)a motor vehicle mentioned in schedule 4 that—(i)has a wheelbase of at least 2800mm; and(ii)is not more than the vehicle’s maximum age limit mentioned in schedule 4; or
(b)a motor vehicle that is at least 40 years old, registered and safe.
s 105 amd 2006 Act No. 21s 150(1)sch 1; 2008 SL No. 351s 8105ASpecial purpose limousines—Act, sch 3, def special purpose limousine(1)The following motor vehicles are motor vehicles that may be used under a special purpose limousine service licence—(a)a passenger car or forward-control passenger vehicle that—(i)is at least 30 years old from the date of compliance; and(ii)has not been modified other than for an approved modification purpose; and(iii)is not a street rod vehicle;
(b)a stretched version of a passenger vehicle mentioned in schedule 4A that—(i)is at least the minimum age stated for the vehicle in schedule 4A; and(ii)has not been modified other than for an approved modification purpose.
Note for paragraphs (a)(ii) and (b)(ii)—For requirements about modifying a vehicle, including a passenger car or a stretched version of a passenger vehicle, that is to become a special purpose limousine see—1if the vehicle is a heavy vehicle—the Heavy Vehicle National Law (Queensland), Part 3.3; or2otherwise—the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010.
(2)In this section—approved modification purpose, in relation to a passenger car or passenger vehicle, means to modify the car or vehicle—(a)to make it a stretched version of a passenger car or passenger vehicle; or(b)for the safety or comfort of passengers in the car or vehicle, including, for example, to allow for wheelchair access; or(c)to enhance the appearance of the car or vehicle.Example of modification to enhance the appearance of a passenger car or passenger vehicle—attaching a flared guard
heavy vehicle means a heavy vehicle for the purposes of the Heavy Vehicle National Law (Queensland), as provided for in section 6 of that Law.street rod vehicle see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, schedule 4.s 105A ins 2008 SL No. 351s 9amd 2009 SL No. 231s 11; 2011 SL No. 227s 9; 2011 SL No. 287s 8; 2014 SL No. 8s 26105BPrescribed details for booking for limousine service—Act, sch 3, def prescribed detailsFor the Act, schedule 3, definition prescribed details, the following details about a booking for a limousine service are prescribed—(a)the name and contact details of the hirer of the limousine service;(b)the date and time when the passengers are to be picked up;(c)the locations where the passengers are to be picked up and dropped off;(d)the agreed fare for the limousine service, if the fare is to be paid to the driver.
s 105B ins 2008 SL No. 351s 9106Advertising limousine services 106 om 2013 SL No. 269s 18107Issue of limousine service licences(1)The chief executive must decide the price for the issue of a limousine service licence for a limousine service area.(2)The price must be reasonable in the circumstances taking into account—(a)if there has been 1 or more sales or transfers of limousine service licences within the limousine service area during the period of 6 months before the issue of the licence—the price of the sales or transfers in the 6-month period; or(b)otherwise—the most recent sale or transfer of a limousine service licence within the limousine service area before that 6-month period.
108Limousine hiring(1)A person must not ply or stand a limousine for hire at a place unless the place is—(a)the limousine owner’s premises; or(b)a limousine standing area or limousine rank.
Maximum penalty—30 penalty units.(2)The driver of a limousine must not hire the vehicle unless—(a)an earlier booking was made for the vehicle and the amount to be charged for the hiring is agreed with the prospective hirer before the vehicle is hired; or(b)the vehicle is hired at a limousine rank.
Maximum penalty—20 penalty units.(3)The driver of a limousine at a limousine rank must not—(a)provide, or offer to provide, a service to a destination or area unless the destination or area is displayed on a notice approved by the chief executive (the approved notice); or(b)charge a fare for a service to a destination or area displayed on the approved notice that is different to the fare for the destination or area displayed on the notice.
Maximum penalty—20 penalty units.(4)If an approved notice is not displayed at a limousine rank, the driver of a limousine at the rank must—(a)carry a copy of the approved notice in relation to the limousine rank; and(b)show the copy of the approved notice to a prospective hirer on request; and(c)ensure that—(i)a prospective hirer is informed that set fares apply; or(ii)a sign stating that set fares apply is placed in a position in the limousine where it is likely to be seen by a prospective hirer.
Maximum penalty—20 penalty units.(5)The driver of a limousine at a limousine rank—(a)must make the vehicle available for immediate hire; and(b)must not refuse a hiring to a destination or area displayed on the approved notice.
Maximum penalty—20 penalty units.(6)The driver of a limousine must not demand a fare that is more than the agreed amount or set fare.Maximum penalty—20 penalty units.(7)If the driver of a limousine believes the driver will not be able to obtain the fare at the destination, before starting the hiring, the driver may require the hirer to pay the agreed amount or set fare for the hiring as a deposit.(8)In this section—limousine rank means a place approved by the chief executive as a place where limousines may stand for hire to set destinations or areas for set fares.limousine standing area means a place approved by the chief executive as a place where limousines may stand while waiting to attend for a booking made earlier.Division 4Substitute limousines109Purpose of div 4The purpose of this division is to allow the holder of a limousine service licence to use a vehicle that is not a licensed limousine in substitution of a licensed limousine.110Definitions for div 4In this division—licensed limousine means a vehicle stated in a limousine service licence.limousine operator means either of the following—(a)the person who is the holder of a limousine service licence;(b)the lessor of a limousine service licence.
substitute limousine means a vehicle used by the holder of a limousine service licence in substitution of a licensed limousine.substitute limousine authority see section 111(1).111Application for grant of substitute limousine authority(1)A limousine operator may apply to the chief executive for authority (a substitute limousine authority) to allow a vehicle, other than a licensed limousine, to be used by the limousine operator to provide a limousine service.(2)If circumstances happened outside of the department’s normal business hours and the limousine operator used a substitute limousine, the application may be made in relation to a period, as stated in the application (but not more than 3 days), before the limousine operator made the application.s 111 amd 2006 SL No. 289s 4112Deciding application(1)The chief executive must consider a limousine operator’s application for the grant of a substitute limousine authority and decide to—(a)grant a substitute limousine authority, with or without conditions; or(b)refuse to grant a substitute limousine authority.
(2)If the chief executive refuses to grant a substitute limousine authority or imposes a condition on the grant of the substitute limousine authority, the chief executive must give the limousine operator a regulation notice about the decision.(3)If the application included a period as stated in section 111(2), the substitute limousine authority may be given in relation to a period that was not more than 3 days before the day the application was given to the chief executive.113Circumstances when substitute limousine may be usedA limousine operator may only use a substitute limousine if a licensed limousine used by the limousine operator to provide a limousine service can not be used because of—(a)a major mechanical failure; or(b)a major accident.
Maximum penalty—40 penalty units.114Consequence of noncompliance with a conditionA limousine operator must comply with each condition of a substitute limousine authority granted to the limousine operator, unless the limousine operator has a reasonable excuse.Maximum penalty—40 penalty units.115Cancellation of substitute limousine authority(1)The chief executive may cancel a substitute limousine authority if satisfied the limousine operator contravened or is contravening a condition of the authority.(2)Before cancelling the substitute limousine authority, the chief executive must give the limousine operator a written notice—(a)stating the chief executive is considering cancelling the substitute limousine authority; and(b)stating the grounds for the cancellation; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)inviting the limousine operator to show, within a stated time of at least 28 days, why the authority should not be cancelled.
(3)If, after considering all written representations made within the stated time, the chief executive is satisfied the limousine operator contravened or is contravening a condition of the substitute limousine authority, the chief executive may, by giving a regulation notice to the operator, cancel the authority.(4)As soon as practicable after the regulation notice is given to the limousine operator (but within 14 days), the operator must return the substitute limousine authority to the chief executive, unless the operator has a reasonable excuse.Maximum penalty—10 penalty units.(5)Even if the limousine operator does not return the substitute limousine authority, the action stated in the regulation notice has effect from the date stated in the notice.116Requirements for the use of a substitute limousine(1)A limousine operator must not use, or allow the use of, a substitute limousine unless the vehicle—(a)is stated in the substitute limousine authority as a vehicle that may be used as a substitute limousine or circumstances mentioned in section 113 happen outside of the department’s normal business hours and the limousine operator uses the vehicle only until it is normal business hours; and(b)complies with each condition of the limousine service licence under which the substitute limousine is to be operated; andExample of a condition for paragraph (b)—a condition that the limousine be operated only in the limousine service area to which the limousine service licence applies(c)is—(i)if the vehicle is used under a special purpose limousine service licence—a special purpose limousine; or(ii)if the vehicle is used under a limousine service licence other than a special purpose limousine service licence—a luxury motor vehicle.
Maximum penalty—40 penalty units.(2)However a limousine operator, when using a substitute limousine, is exempt from complying with a condition of a limousine service licence under section 87(2)(d)(ii) of the Act requiring the limousine operator to display a registration plate on the vehicle distinguishing it as—(a)if the vehicle is to be used under a special purpose limousine service licence—a special purpose limousine for which a special purpose limousine service licence is in force; or(b)otherwise—a limousine.
s 116 amd 2008 SL No. 351s 10117Records to be kept when vehicle used as a substitute limousine(1)A limousine operator must keep a written record of the following information when the limousine operator uses a substitute limousine instead of a licensed limousine—(a)the registration number of the substitute limousine;(b)the registration number of the licensed limousine;(c)the date and time of the use of the substitute limousine;(d)the reason why the licensed limousine could not be used;(e)the location of the licensed limousine during the period the substitute limousine is used.
Maximum penalty—20 penalty units.(2)A limousine operator must keep, or arrange for the keeping of, the following information in a substitute limousine when the limousine operator uses the substitute limousine instead of a licensed limousine—(a)a copy of the information mentioned in subsection (1);(b)a copy of the limousine service licence, and any conditions imposed on the limousine service licence, for the licensed limousine.
Maximum penalty—40 penalty units.Part 7ABooked hire servicespt hdg ins 2016 SL No. 161 s 26117AFare estimates for booked hire services(1)A relevant entity must give a hirer of a booked hire service a fare estimate under this section before the service begins, unless the relevant entity has a reasonable excuse.Example of a reasonable excuse—a hirer opts out of receiving a fare estimateMaximum penalty—(a)for an individual—20 penalty units; or(b)otherwise—80 penalty units.
(2)A fare estimate for a booked hire service must—(a)state an estimate of the amount of the fare (the estimated fare); and(b)state the circumstances (if any) when the amount of the fare may be higher than the estimated fare and how the additional amount is worked out in those circumstances; andExamples for paragraph (b)—1The fare may be higher than the estimated fare if the time taken for the journey is longer because of heavy traffic, and the additional amount is worked out on the basis of a stated amount per minute of the journey.2The fare may be higher than the estimated fare if the distance travelled for the journey is longer because the passenger asks that a detour be taken, and the additional amount is worked out on the basis of a stated amount per kilometre of the journey.
(c)be written and expressed in Australian currency.
(3)This section does not apply to a booked hire service provided using a taxi that is arranged using a device, fixed at a place, that has the primary function of allowing a hirer to arrange for the provision of the service from the place.(4)In this section—relevant entity, for a booked hire service, means—(a)if an entity, other than the driver of the motor vehicle used to provide the service, arranges the service—the entity; orExample for paragraph (a)—an entity that receives a request for a service from a hirer through an app and communicates the booking for the service to the driver(b)otherwise—the driver of the motor vehicle used to provide the service.
s 117A ins 2016 SL No. 161 s 26117BFares for booked hire services(1)A person must not charge a hirer of a booked hire service a fare more than—(a)the estimated fare stated in a fare estimate; or(b)if the fare estimate states the circumstances when the amount of the fare may be higher than the estimated fare—the estimated fare plus an additional amount worked out in the way stated in the fare estimate.
Maximum penalty—(a)for an individual—20 penalty units; or(b)otherwise—80 penalty units.
(2)In this section—fare estimate means a fare estimate given under section 117A.s 117B ins 2016 SL No. 161 s 26117CBooked hire service signs(1)A driver of a booked hire vehicle must not drive the vehicle unless a sign is displayed on the vehicle under subsection (2).Maximum penalty—20 penalty units.(2)The sign must—(a)reasonably imply that the vehicle is a booked hire vehicle, for example, by displaying a trademark; and(b)be fitted on or towards the rear of the vehicle; and(c)be clearly visible from outside the vehicle.
s 117C ins 2016 SL No. 161 s 26117DSafety certificate requirement for particular booked hire vehicles(1)An owner of a motor vehicle must not allow the vehicle to be used to provide a booked hire service unless a safety certificate for the vehicle has been issued within the last 12 months.Maximum penalty—60 penalty units.(2)A person driving a booked hire vehicle must, if asked by an authorised person, make a safety certificate for the vehicle available for inspection by the authorised person unless the person has a reasonable excuse.Maximum penalty—60 penalty units.(3)This section does not apply to a COI vehicle.(4)In this section—COI vehicle see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, schedule 4.safety certificate see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, schedule 4.s 117D ins 2016 SL No. 161 s 26Part 7BVehicle security camera systemspt hdg ins 2017 SL No. 88 s 21Division 1Preliminarydiv hdg ins 2017 SL No. 88 s 21117E Definitions for partIn this part—approved security camera system means a vehicle security camera system approved by the chief executive under section 117P.approved security camera system sign means a sign approved under section 117Q.authorised purpose, for a security recording, means—(a)examining a complaint about the vehicle, or an event that happened in or about the vehicle, carried out by—(i)the operator of a booked hire service or taxi service provided using the vehicle or, if the operator is a corporation, an executive officer of the corporation; or(ii)an employee of the operator of the service, acting under the direct and immediate supervision of the operator or the executive officer; or
Examples of matters that may be the subject of a complaint—•fare evasion•lost property•disorderly conduct•offensive behaviour•theft of property•physical assaults not causing injury
(b)prosecuting, or issuing an infringement notice for, an offence committed in or about the vehicle; or(c)another purpose relating to a police officer performing the officer’s duties; or(d)another purpose relating to a public service officer employed in the department performing the officer’s duties relating to the administration of vehicle security camera systems fitted in vehicles; or(e)a manufacturer or supplier of the approved security camera system carrying out work to maintain, or address a failure in, the approved security camera system; or(f)another purpose required or permitted by law.
front or rear camera system means a device or system that—(a)records images, or images and audible sounds, in front of or behind a vehicle but not of any person inside the vehicle; and(b)stores, or transmits and stores, the images, or images and audible sounds, recorded by the device or system.
fully operational, for an approved security camera system, means—(a)the visual indicator on the camera system, designed to show whether the camera system is operating, shows the camera system is operating; and(b)the view from a lens of the camera system is not altered or obstructed in a way that would adversely affect the use of an image recording for an authorised purpose; andExamples of ways the view from a lens of a camera system may be altered or obstructed—•an object covers, or partially covers, the lens•the lens is marked or scratched
(c)if relevant for the camera system—the reception of audible sound by the camera system is not altered or obstructed in a way that would adversely affect the use of a sound recording for an authorised purpose.Example of ways reception may be altered or obstructed—an object covers, or partially covers, a microphone of the camera system
image recording includes—(a)any electronic information from which a recorded image is capable of being generated or a copy of the information; and(b)a reproduction of a recorded image or a copy of the reproduction.
properly fitted, for an approved security camera system, means the camera system is fitted and aligned in accordance with the specifications approved under section 117O for the camera system.relevant place, for an approved security camera system sign in or on a vehicle, means—(a)on all doors of the vehicle, in a place on each door that is approved by the chief executive and published on the department’s website; and(b)at least 1 other conspicuous place inside the vehicle that allows passengers of the vehicle to readily see the sign.
relevant security camera area means the geographic area that corresponds with a taxi service area mentioned in schedule 3.security recording means an image recording or sound recording made by an approved security camera system fitted in a booked hire vehicle, taxi or limousine.sound recording includes—(a)any electronic information from which a recorded audible sound is capable of being generated or a copy of the information; and(b)a reproduction of a recorded audible sound or a copy of the reproduction.
vehicle security camera system means a device or system, other than a front or rear camera system, that—(a)records images, or images and audible sounds, of persons in or about a vehicle; and(b)stores, or transmits and stores, images, or images and audible sounds, recorded by the device or system.
s 117E ins 2017 SL No. 88 s 21Division 2General obligationsdiv hdg ins 2017 SL No. 88 s 21117F Application of divisionThis division applies to any of the following—(a)a booked hire vehicle;(b)a limousine;(c)a taxi.
s 117F ins 2017 SL No. 88 s 21117G Obligation on operator of service(1)This section applies if a vehicle is, or is to be, used to provide a booked hire service or taxi service for a journey that starts in a relevant security camera area and—(a)the vehicle is authorised to provide a rank and hail service; or(b)a passenger pays, or is required to pay, the fare for the journey by cash, electronic funds transfer, credit card transaction or in another way, in person immediately before, during or after the journey.
(2)The operator of a booked hire service or taxi service that is provided using the vehicle must ensure the vehicle is fitted with an approved security camera system.Maximum penalty—40 penalty units.s 117G ins 2017 SL No. 88 s 21117H Vehicle not to be fitted with vehicle security camera system that has not been approvedA person must not fit, or cause to be fitted, a vehicle security camera system in a vehicle unless it is an approved security camera system.Maximum penalty—40 penalty units.s 117H ins 2017 SL No. 88 s 21117I Operation of camera systemsA person must not drive a vehicle to provide a booked hire service or taxi service while a vehicle security camera system, other than the following, is operating—(a)an approved security camera system;(b)a device operated by a passenger.
Maximum penalty—40 penalty units.s 117I ins 2017 SL No. 88 s 21Division 3Vehicles fitted with approved security camera systemsdiv hdg ins 2017 SL No. 88 s 21117J Application of divisionThis division applies if a booked hire vehicle, limousine or taxi is fitted with an approved security camera system, whether or not the camera system was fitted because of the requirement under section 117G.s 117J ins 2017 SL No. 88 s 21117K Properly fitted and fully operational approved security camera systemWhen an operator of a booked hire service or taxi service makes the vehicle available to a person to drive to provide the service, the operator must ensure—(a)the approved security camera system is—(i)properly fitted; and(ii)fully operational; and
(b)an approved security camera system sign is displayed at each relevant place in or on the vehicle.
Maximum penalty—40 penalty units.s 117K ins 2017 SL No. 88 s 21117L Obligation on person who drives a vehicleA person must not drive the vehicle unless—(a)the approved security camera system is fully operational; and(b)an approved security camera system sign is displayed at each relevant place in or on the vehicle.
Maximum penalty—40 penalty units.s 117L ins 2017 SL No. 88 s 21117M Notice that approved security camera system not properly fitted or fully operational(1)This section applies if an operator of a booked hire service or taxi service provided using the vehicle—(a)gives the chief executive written notice that the approved security camera system is not, or will not be, properly fitted or fully operational during a stated period because it is undergoing maintenance or repair; and(b)ensures a copy of the notice is kept in the vehicle during the notice period.
(2)The operator does not commit an offence against section 117G(2) or 117K for providing the service using the vehicle, or making the vehicle available to a person to drive to provide the service, during the notice period—(a)if the notice states the approved security camera system is not, or will not be, properly fitted during the notice period—without a properly fitted camera system; or(b)if the notice states that the camera system is not, or will not be, fully operational during the notice period—without a fully operational approved security camera system.
(3)Also, if the notice states that the approved security camera system is not, or will not be, fully operational during the notice period, a person who drives the vehicle does not commit an offence against section 117L by driving the vehicle without a fully operational approved security camera system during the notice period.(4)In this section—notice period, for a notice given under subsection (1)(a), means the period—(a)starting on the later of the following days—(i)the day the notice is given to the chief executive;(ii)the day stated in the notice as the first day of the period; and
(b)ending on the day stated in the notice as the last day of the period that must be not more than 4 days after the day the period starts.
s 117M ins 2017 SL No. 88 s 21117N Person must not tamper with an approved security camera system(1)A person must not tamper with the approved security camera system fitted in the vehicle unless the person has lawful authority or excuse.Maximum penalty—40 penalty units.(2)In this section—tamper includes attempt to tamper.s 117N ins 2017 SL No. 88 s 21Division 4Chief executive functions117O Chief executive may approve specifications for vehicle security camera system(1)The chief executive may, by notice published on the department’s website, approve specifications for a vehicle security camera system.(2)Without limiting subsection (1), the notice must include the following specifications for the vehicle security camera system—(a)whether the camera system may be turned off by a person;(b)when the camera system must operate, including a period (if any) when the vehicle in which it is fitted is not providing a booked hire service or taxi service;(c)that the camera system must ensure that a security recording made by the camera system is deleted, destroyed or overwritten within the period stated in the notice;(d)that the camera system must make a record of when a security recording made by the camera system is downloaded.
s 117O ins 2017 SL No. 88 s 21117P Chief executive may approve vehicle security camera system(1)The chief executive may, by notice published on the department’s website—(a)approve a vehicle security camera system that complies with the specifications approved under section 117O for use in vehicles; or(b)cancel an approval for a vehicle security camera system.
(2)An approval under subsection (1)(a) may be subject to conditions.(3)Without limiting subsection (2), a condition may relate to any of the following matters—(a)the technical and functional specifications of the vehicle security camera system;(b)the requirements for support services to be provided by the manufacturer or supplier of the vehicle security camera system;(c)the maintenance of the vehicle security camera system;(d)security controls for the vehicle security camera system.
(4)The chief executive may, under subsection (1)(b), cancel an approval only if—(a)the chief executive reasonably believes—(i)the vehicle security camera system no longer complies with the specifications approved under section 117O; or(ii)the vehicle security camera system no longer complies with the approval; or(iii)the manufacturer or supplier of the vehicle security camera system has breached a condition of the approval; or(iv)the manufacturer or supplier no longer intends to fully support the vehicle security camera system; or
(b)the chief executive receives a request from the manufacturer or supplier to cancel the approval.
(5)A cancellation of an approval for a vehicle security camera system takes effect 6 months after notice of the cancellation is published under subsection (1)(b).s 117P ins 2017 SL No. 88 s 21117Q Approval of signs(1)The chief executive may approve a sign for display in or on a vehicle fitted with an approved security camera system that states a security camera is fitted and operating in the vehicle.(2)An approval under subsection (1) must be notified by publication on the department’s website.s 117Q ins 2017 SL No. 88 s 21Division 5Security recordingsdiv hdg ins 2017 SL No. 88 s 21117R Use of security recordings from approved security camera system(1)A person must not sell a security recording.Maximum penalty—80 penalty units.(2) A person must not download, otherwise disclose or use a security recording made in a vehicle when the vehicle was not being used to provide a booked hire service or taxi service unless the person has lawful authority.Maximum penalty—80 penalty units.(3) A person must only download, otherwise disclose or use a security recording made in a vehicle when the vehicle was being used to provide a booked hire service or taxi service for an authorised purpose.Maximum penalty—80 penalty units.(4)For subsections (2) and (3), a vehicle is used to provide a booked hire service or taxi service when the vehicle—(a)is about to be used for the service; or(b)is being used for the service; or(c)has just been used for the service.
s 117R ins 2017 SL No. 88 s 21117S Requirement to keep record of download of security recording(1)A person who downloads a security recording must keep a record of the following—(a)the VIN of the vehicle in which the security recording was made;(b)the date, time and location of the download;(c)the person’s name;(d)the reason for the download;(e)the name and contact details of—(i)the person asking for the downloaded security recording; and(ii)the person (if any) to whom the downloaded security recording is to be given;
(f)the date and time the security recording was made;(g)the filename of the security recording.
Maximum penalty—80 penalty units.(2)A person who makes a record under subsection (1) must give a copy of the record to the chief executive within 1 business day after downloading the security recording.Maximum penalty—80 penalty units.(3)In this section—VIN see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, schedule 8.s 117S ins 2017 SL No. 88 s 21117T Security measures for protecting against unauthorised use of security recording(1)A relevant person must take all reasonable security measures to ensure a security recording is protected against being—(a)lost; or(b)downloaded, otherwise disclosed or used other than under section 117R(2) or (3).
Maximum penalty—80 penalty units.(2)A relevant person does not commit an offence against this section if, because an approved security camera system operates in the way required under a specification mentioned in section 117O(2)(c), the security recording is deleted, destroyed or overwritten.(3)In this section—relevant person, for a security recording for a vehicle, means—(a)the operator of a booked hire service or taxi service provided using the vehicle; or(b)a person who arranges a booking for a booked hire service using the vehicle; or(c)if an operator or person mentioned in paragraph (a) or (b) is a corporation—an executive officer of the corporation; or(d)when the vehicle is being used to provide a booked hire service or taxi service—the person driving the vehicle; or(e)a person who receives, downloads, discloses or otherwise uses the security recording under section 117R.
s 117T ins 2017 SL No. 88 s 21117U Disposal of copied security recordings(1)This section applies if a person has made or received a copy of all or part of a security recording.(2)The person must delete or otherwise destroy the copy of the security recording on a day not less than 60 days, but not more than 90 days, after the security recording is made or received, unless the copy is required for an enforcement purpose.Maximum penalty—80 penalty units.(3)In this section—enforcement purpose means prosecuting, or issuing an infringement notice for, an offence.s 117U ins 2017 SL No. 88 s 21Part 8Obligations of operators118Equipment for vehiclesAn operator of a public passenger vehicle mentioned in schedule 5 must ensure the vehicle complies with the schedule.Maximum penalty—20 penalty units.119Advertising on public passenger vehiclesAn operator of a public passenger vehicle must ensure the vehicle is not driven on a road if an advertisement or other marking displayed on the vehicle—(a)is or may be a danger to a person; or(b)conceals or obliterates a sign, writing or number required under an Act to be placed on the vehicle or makes the sign, writing or number difficult to read.
Maximum penalty—20 penalty units.120Accreditation evidence and accreditation certificates(1)An operator of a public passenger service for which operator accreditation is required must display or keep, in the way set out in schedule 6, evidence of the operator’s accreditation number on or in each vehicle used to provide the service, including, for example, a vehicle borrowed, leased or hired from someone else, unless the operator has a reasonable excuse.Maximum penalty—20 penalty units.(2)A person driving a vehicle in which evidence of an operator’s accreditation number is kept under subsection (1) must, if asked by an authorised person, make the evidence available for inspection by the authorised person unless the person has a reasonable excuse.Maximum penalty—20 penalty units.(3)An operator of a public passenger service for which operator accreditation is required must remove, from a vehicle being used to provide the service, any accreditation evidence displayed on the vehicle and any accreditation certificate kept in the vehicle if—(a)the operator’s accreditation is cancelled; or(b)the operator’s accreditation expires and the vehicle is no longer to be used to provide a public passenger service for which operator accreditation is required; or(c)the vehicle is to be sold or otherwise disposed of.
Maximum penalty—20 penalty units.(4)Unless the person has a reasonable excuse, a person must not operate a public passenger vehicle displaying accreditation evidence, or in which an accreditation certificate is kept, if the person—(a)does not hold operator accreditation; or(b)holds provisional operator accreditation only and the accreditation evidence, or accreditation certificate, relates to operator accreditation other than provisional operator accreditation.
Maximum penalty—20 penalty units.(5)For subsections (1) and (4), it is a reasonable excuse for an accredited person if—(a)the vehicle operated by the accredited person is leased from, or usually operated by, another person who holds operator accreditation; and(b)the accredited person operates the vehicle because of an exceptional circumstance; andExample for paragraph (b)—A replacement bus is used because of a vehicle breakdown.(c)the accredited person does not operate the vehicle for a period of more than 5 days, whether or not consecutively, within in any period of 3 months.
(6)In this section—accreditation certificate means a certificate evidencing an operator’s operator accreditation.accreditation evidence means—(a)an operator’s accreditation number; or(b)a vehicle identification sign displaying the words ‘accredited operator’ issued by the department.
accredited person means a person who holds operator accreditation, including provisional operator accreditation.s 120 amd 2007 SL No. 200s 8; 2007 SL No. 282s 10121Presenting vehicles for inspection(1)The chief executive may, by written notice, require the operator of a public passenger vehicle to take the vehicle to a specified place and at a specified time, for inspection and testing.(2)The operator must comply with the requirement.Maximum penalty for subsection (2)—20 penalty units.122Providing safe vehiclesAn operator of a public passenger vehicle must ensure the vehicle is in a safe condition when it is being used to provide a public passenger service.Maximum penalty—20 penalty units.123Requirement for authority to enterAn operator of a public passenger service must not allow the service to be provided to any of the following places unless the operator has the authority of the person who owns, controls or operates the place—(a)a place on private property;(b)an airport;(c)a protected area under the Nature Conservation Act 1992;(d)a State forest;(e)a place controlled, administered or owned by Aborigines or Torres Strait Islanders.
Maximum penalty—20 penalty units.124Record to be kept of each use of vehicle to provide public passenger service(1)This section applies to—(a)an operator of a public passenger service for which operator accreditation is required; and(b)an operator of a driver operator booked hire service.
(2)The operator must keep a written record stating the following particulars for each use of a public passenger vehicle used to provide the service—(a)the vehicle used;(b)the registration number of the vehicle;(c)the date and time of the use of the vehicle;(d)the name of each driver who used the vehicle;(e)the driver’s driver authorisation number other than for a driver who has restricted driver authorisation.
Maximum penalty—20 penalty units.s 124 sub 2016 SL No. 161 s 27125Records prescribed operators must keep about driversA prescribed operator who grants a restricted driver authorisation to a person must keep a written record of the following particulars—(a)the name of the person granted restricted driver authorisation;(b)the date of the grant of the restricted driver authorisation;(c)the date of expiry of the restricted driver authorisation;(d)any amendment of the restricted driver authorisation and date of the amendment;(e)any automatic cancellation of the restricted driver authorisation under section 27(4)(c), reasons for the automatic cancellation and details about a notice given under section 27(5);(f)the number of the driver licence held by the person that, under the Transport Operations (Passenger Transport) Standard 2010, the person must hold and the State or foreign country where that driver licence was issued.
Maximum penalty—20 penalty units.s 125 amd 2011 SL No. 227s 10126Prescribed operator must notify chief executive if restricted driver authorisation granted, amended or cancelled(1)A prescribed operator must, within 3 working days after granting, amending or cancelling a restricted driver authorisation, give the chief executive notice about the grant, amendment or cancellation.Maximum penalty—10 penalty units.(2)The notice must be in the approved form.126AAir conditioning in buses—obligations of operator(1)If the operator of a bus fitted with an air conditioner uses the bus to provide a general route service or school service, the operator must—(a)ensure the air conditioner is fully operational and in good repair; and(b)if the maximum daily air temperature forecast by the Bureau of Meteorology for the area where the general route service or school service operates is at least 28ºC—instruct the driver to turn the air conditioner on.
Maximum penalty—20 penalty units.(2)The operator does not commit an offence against subsection (1)(a) in relation to the use of a bus fitted with an air conditioner that is not fully operational because it requires maintenance or repair if, after first becoming aware that the air conditioner is not fully operational—(a)the operator has taken reasonable steps to have the air conditioner maintained or repaired as quickly as possible; and(b)the operator has a written record of—(i)the date the air conditioner stopped being fully operational or in good repair; and(ii)the steps taken to have the air conditioner maintained or repaired as quickly as possible; and
(c)the operator displays a sign in a conspicuous position near the entry to the bus that informs the passengers that the air conditioner is not fully operational because it requires maintenance or repair.
s 126A ins 2007 SL No. 67s 6amd 2008 SL No. 210s 12126BParticular public passenger service not to be provided using particular vehicleAn operator of a public passenger service for which operator accreditation is required must not provide the service using a nominated vehicle fitted with a prescribed interlock.Maximum penalty—40 penalty units.s 126B ins 2012 SL No. 160s 6Part 9Rights and obligations of passengers and drivers127Application of pt 9This part does not apply to a public passenger vehicle that is rolling stock under the Transport Infrastructure Act 1994.128Smoking, and consumption of food or beverages, on public passenger vehicle(1)A person must not smoke in a public passenger vehicle.Maximum penalty—20 penalty units.(2)A person must not consume food or beverages in a public passenger vehicle without the permission of the operator or driver of the vehicle.Maximum penalty—20 penalty units.129Carrying animals on public passenger vehicles(1)A person must not take an animal on a public passenger vehicle unless—(a)the person has control of the animal; and(b)either—(i)the person has the permission of the operator or driver of the vehicle; or(ii)the animal is an assistance animal.
Maximum penalty—20 penalty units.(2)The driver of a public passenger vehicle must allow a person to take an assistance animal on the vehicle if the person has control of the animal.Maximum penalty—20 penalty unitss 129 sub 2014 SL No. 218s 8130Identification of drivers(1)A person must not drive a public passenger vehicle for which driver authorisation is required, unless the person carries the document evidencing the person’s driver authorisation.Maximum penalty—20 penalty units.(2)If the chief executive has imposed a condition on the person’s driver authorisation, the person must also carry the document evidencing the imposed condition.Maximum penalty—20 penalty units.131Dress of drivers(1)This section applies to a driver of a public passenger vehicle, other than a booked hire vehicle, taxi or limousine.(2)The driver must be neatly dressed while driving the vehicle.Maximum penalty—10 penalty units.s 131 sub 2016 SL No. 161 s 28132Help to passengersIf a passenger of, or intending passenger for, a public passenger vehicle asks for help to board or leave the vehicle, or asks for help with luggage, the driver of the vehicle must give the help to the extent that it is reasonable for the driver to do so.Maximum penalty—10 penalty units.133Drivers of motorbikesThe driver of a motorbike, motor tricycle or motorbike with a sidecar, used to provide a public passenger service, must not allow a person to ride as a passenger unless the driver is satisfied that the safety of the driver, the passenger and other passengers is not unreasonably put at risk by allowing the person to ride as a passenger.Maximum penalty—20 penalty units.s 133 amd 2009 SL No. 231s 12133AAir conditioning in buses—obligations of driver(1)This section applies in relation to the use of a bus to provide a general route service or school service if the bus is fitted with an air conditioner.(2)However, this section applies only while the bus is being used to provide a general route service or school service.(3)If the driver of the bus is instructed by the operator of the bus to turn the air conditioner on, the driver must comply with the request unless the driver has a reasonable excuse.Maximum penalty—20 penalty units.Example of a reasonable excuse—The air conditioner requires maintenance or repair.s 133A ins 2007 SL No. 67s 7amd 2008 SL No. 210s 12133BParticular vehicle not to be driven to provide public passenger serviceA person must not drive a nominated vehicle fitted with a prescribed interlock to provide a public passenger service for which driver authorisation is required.Maximum penalty—40 penalty units.s 133B ins 2012 SL No. 160s 7Part 9ARights and obligations of persons on regulated areaspt hdg ins 2014 SL No. 218s 9Division 1Preliminarydiv 1 (s 133C) ins 2014 SL No. 218s 9133CDefinition for pt 9AIn this part—regulated area means a busway, busway transport infrastructure or light rail platform.div 1 (s 133C) ins 2014 SL No. 218s 9Division 2Accessdiv 2 (ss 133D–133F) ins 2014 SL No. 218s 9133DDriving and parking vehicles(1)A person must not drive a vehicle on a busway or busway transport infrastructure at more than—(a)the speed indicated on a sign displayed by the chief executive on the infrastructure; or(b)if no sign is displayed, 10km/h.
Maximum penalty—20 penalty units.(2)A person must not drive a vehicle, other than a pram, motorised wheelchair or wheelchair, on an area of—(a)a busway or busway transport infrastructure designed for pedestrian use; or(b)a light rail platform.
Maximum penalty—20 penalty units.(3)Subsections (1) and (2) do not apply to a person driving in the course of the person’s duty as an employee or member of an emergency service in an emergency situation.(4)A person must not park a vehicle on a busway or busway transport infrastructure except in a place the chief executive has authorised parking.Maximum penalty—20 penalty units.(5)A person driving a vehicle on a busway or busway transport infrastructure must obey a direction indicated on a sign displayed by the chief executive on the infrastructure about driving or parking the vehicle, unless the person has a reasonable excuse.Maximum penalty—20 penalty units.(6)In this section—emergency service means—(a)the Queensland Ambulance Service; or(b)the Queensland Fire and Rescue Service; or(c)the Queensland Police Service; or(d)the State Emergency Services.
motorised wheelchair see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, schedule 8.div 2 (ss 133D–133F) ins 2014 SL No. 218s 9133EEntering or leaving regulated area(1)This section applies to a regulated area with a designated entry or exit.(2)A person must not—(a)enter the regulated area other than through the designated entry; or(b)leave the regulated area other than through the designated exit.
Maximum penalty—20 penalty units.div 2 (ss 133D–133F) ins 2014 SL No. 218s 9133FPerson not to enter route unless authorisedA person who is not on a bus operating on a busway must not enter a route designed and constructed for, or dedicated to, the priority movement of buses for passenger transport purposes, unless the person is authorised by the chief executive to enter the route.Maximum penalty—20 penalty units.div 2 (ss 133D–133F) ins 2014 SL No. 218s 9Division 3Persons on regulated areadiv 3 (ss 133G–133M) ins 2014 SL No. 218s 9133GApplication of pt 9A, div 3This division applies to a person on a regulated area, other than a person on a public passenger vehicle operating on the regulated area.Note—See parts 9 and 9B for other provisions about the rights and obligations of passengers or persons on public transport infrastructure.div 3 (ss 133G–133M) ins 2014 SL No. 218s 9133HAnimals on regulated area(1)A person must not take an animal on, or allow an animal to stray onto, a regulated area.Maximum penalty—20 penalty units.(2)Subsection (1) does not apply to a person if the animal is an assistance animal and the person has control of the animal.div 3 (ss 133G–133M) ins 2014 SL No. 218s 9133ILitterA person must not leave litter on a regulated area except in a container provided for depositing litter.Maximum penalty—10 penalty units.div 3 (ss 133G–133M) ins 2014 SL No. 218s 9133JAlcoholA person must not drink alcohol on a regulated area.Maximum penalty—20 penalty units.div 3 (ss 133G–133M) ins 2014 SL No. 218s 9133KSmoking(1)This section applies to an area of a regulated area if a sign is displayed indicating that smoking is not allowed in the area.(2)A person must not smoke in the area.Maximum penalty—20 penalty units.div 3 (ss 133G–133M) ins 2014 SL No. 218s 9133LSelling, seeking business or conducting survey(1)A person on a regulated area must not publicly and personally—(a)sell anything; or(b)seek business; or(c)conduct a survey.
Maximum penalty—10 penalty units.(2)Subsection (1) does not apply if the person has the permission of a responsible person.div 3 (ss 133G–133M) ins 2014 SL No. 218s 9133MPlaying musical instrument or operating sound equipment(1)A person on a regulated area must not—(a)play a musical instrument; or(b)operate sound equipment.
Maximum penalty—10 penalty units.(2)Subsection (1) does not apply if—(a)earphones are attached to the musical instrument or sound equipment and the sound level from the earphones is not likely to be a nuisance; or(b)the person has the permission of a responsible person.
(3)In this section—attached, for earphones in relation to a musical instrument or sound equipment, means the earphones are connected to the instrument or equipment in a way that diverts all sounds emitted by the instrument or equipment through the earphones only.sound equipment means an amplifier, radio, tape recorder or other device that emits sound.div 3 (ss 133G–133M) ins 2014 SL No. 218s 9Division 4Signs referred to in part may be official traffic signdiv 4 (s 133N) ins 2014 SL No. 218s 9133NOfficial traffic signs(1)A sign displayed by the chief executive on a busway or busway transport infrastructure under this part may be in the form of an official traffic sign and, if it is, it is taken to contain the indication given by the corresponding official traffic sign.(2)In this section—indication see the Transport Operations (Road Use Management) Act 1995, schedule 4.official traffic sign see the Transport Operations (Road Use Management) Act 1995, schedule 4.div 4 (s 133N) ins 2014 SL No. 218s 9Part 9BRights and obligations of persons on public transport infrastructure and vehiclespt 9B (ss 133O–133P) ins 2014 SL No. 218s 9133OSpittingA person must not spit while on or in any of the following—(a)a public passenger vehicle;(b)a busway;(c)busway transport infrastructure;(d)a light rail platform.
Maximum penalty—20 penalty units.pt 9B (ss 133O–133P) ins 2014 SL No. 218s 9133PCreating disturbance or nuisance on or in public transport infrastructure or vehicle(1)A person must not create a disturbance or nuisance while on or in public transport infrastructure or a public passenger vehicle, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.(2)Subsection (1) does not apply to conduct that is otherwise prohibited under part 9 or 9A or section 133O.(3)This section is prescribed for the Act, section 143AHA(3), definition relevant provision, paragraph (c).pt 9B (ss 133O–133P) ins 2014 SL No. 218s 9Part 9CDealing with vehicles or other property on busway, busway transport infrastructure or light railpt 9C (ss 133Q–133U) ins 2014 SL No. 218s 9133QMoving abandoned, parked or left property(1)This section applies if a vehicle or other property is—(a)abandoned on a busway, busway transport infrastructure or light rail; or(b)parked or left on a busway, busway transport infrastructure or light rail except in a place—(i)authorised as a place for parking; or(ii)authorised or designated as a place for leaving or keeping the property.
(2)The responsible person or an authorised person may take steps that are reasonable and necessary to move the property to another place.pt 9C (ss 133Q–133U) ins 2014 SL No. 218s 9133RNotifying owner that property moved(1)Within 14 days after moving the property, the responsible person must give its owner a written notice stating—(a)the property has been moved; and(b)how the property may be recovered; and(c)if the responsible person considers, on reasonable grounds, the property has been abandoned on a busway, busway transport infrastructure or light rail—(i)the property is abandoned property; and(ii)if the property is not recovered within 2 months, the property may be sold.
(2)If the owner can not be identified or located within the 14 days, the notice may be given by publishing it in a newspaper circulating generally in the State.(3)The responsible person need not give the notice if—(a)the property has insufficient value to justify giving the notice; or(b)it is otherwise impracticable to give the notice.
pt 9C (ss 133Q–133U) ins 2014 SL No. 218s 9133SMoving expensesThe responsible person may recover the reasonable expenses of moving the property, securely storing it and publishing any newspaper notice for it (the moving expenses) from—(a)the person who was in charge of the property immediately before it was moved; or(b)if the person in charge can not be identified—the property’s owner, unless the property was being used on the busway, busway transport infrastructure or light rail without the owner’s consent.
pt 9C (ss 133Q–133U) ins 2014 SL No. 218s 9133TReleasing property when expenses paidThe responsible person must release the property to its owner or in accordance with its owner’s written directions if the moving expenses are paid.pt 9C (ss 133Q–133U) ins 2014 SL No. 218s 9133UDisposing of property(1)The responsible person may dispose of property the responsible person considers, on reasonable grounds, to have been abandoned on a busway, busway transport infrastructure or light rail if—(a)the moving expenses are not paid within 2 months of giving notice under section 133R to the owner of the property; or(b)if the responsible person decides not to give a notice under section 133R, at least 2 months have passed since the decision.
(2)The responsible person may dispose of the property—(a)by selling it; or(b)if the proceeds of its sale are not likely to cover the reasonable expenses that would be incurred by the responsible person in selling it—in the way the responsible person considers appropriate.
(3)If the property is sold, the sale proceeds must be applied in making payments in the following order—(a)the expenses reasonably incurred by the responsible person in selling the property (the sale expenses);(b)the moving expenses;(c)any balance to the owner.
(4)If the sale proceeds are less than the sale and moving expenses, the difference between the expenses and the proceeds—(a)is a debt payable to the responsible person by the person who is liable for the moving expenses; and(b)may be recovered as a debt by action against the person in a court of competent jurisdiction.
(5)If the property is not sold, the moving expenses and the expenses reasonably incurred by the responsible person in disposing of the property—(a)are a debt payable to the responsible person by the person who is liable for the moving expenses; and(b)may be recovered as a debt by action against the person in a court of competent jurisdiction.
(6)The responsible person may waive part or all of the expenses.pt 9C (ss 133Q–133U) ins 2014 SL No. 218s 9Part 10Review of decisions not provided for under Act, chapter 10pt hdg amd 2007 SL No. 282s 11; 2009 Act No. 24s 1775134Review of decisionsSections 102 and 103 of the Act apply to a decision described in schedule 7 as if the decision were described in schedule 2 of the Act.s 134 sub 2009 Act No. 24s 1776Part 10AAuthorised person for Gold Coast light railpt hdg ins 2011 SL No. 187s 3amd 2014 SL No. 218s 10134AAppointmentFor section 111(2)(f) of the Act, the following persons are prescribed to be persons the chief executive may appoint to be an authorised person for the Gold Coast light rail for relevant transport legislation—(a)an employee of, or a contractor for, a light rail manager for the Gold Coast light rail;(b)an employee of a contractor mentioned in paragraph (a);(c)an employee of, or a contractor for, a light rail operator for the Gold Coast light rail;(d)an employee of a contractor mentioned in paragraph (c).
s 134A ins 2011 SL No. 187s 3amd 2013 Act No. 19s 120sch 1; 2014 SL No. 218s 11;sub 2015 SL No. 119s 6134BPowers(1)For section 114(2) of the Act, the powers of an authorised person for the Gold Coast light rail given under relevant transport legislation are limited to the powers given under—(a)the following provisions of the Act—(i)section 127;(ii)section 143ADA;(iii)section 143ADB;(iv)section 143AG;(v)section 143AH;(vi)section 143AHA(1);(vii)section 143AHB(1) and (3);(viii)section 143AHC;(ix)section 143AHD; and
(b)section 133Q(2) of this regulation.
(2)However, the powers given under section 127 of the Act are limited to being exercised for serving an infringement notice against—(a)the following provisions of the Act—(i)section 143AC;(ii)section 143ADA:(iii)section 143ADB;(iv)section 143AE;(v)section 143AK; or
(b)the following provisions of this regulation—(i)section 128;(ii)section 129(1);(iii)sections 133D(2) and 133E;(iv)sections 133H to 133M;(v)sections 133O and 133P.
(3)Also, the power given under section 143AHA(1) of the Act is limited to being exercised for giving a direction under the section for an offence against the following relevant provisions for that section—(a)section 143AC of the Act;(b)section 143AE of the Act;(c)section 133P of this regulation;Note—Section 133P(2) prescribes section 133P as a relevant provision under the Act, section 143AHA(3)(c).(d)section 377 of the Transport Infrastructure Act 1994.
(4)In addition, the powers are limited to being exercised only for the Gold Coast light rail.s 134B ins 2011 SL No. 187s 3amd 2014 SL No. 218s 12; 2014 SL No. 218s 20Part 11General135Disqualifying offences—Act, sch 3, def disqualifying offence, para (e)An offence against this regulation, or the repealed Transport Operations (Passenger Transport) Regulation 1994, for which the maximum penalty is or was at least 20 penalty units is a disqualifying offence.s 135 amd 2007 SL No. 282s 12135AScheduled passenger services that are not general route services—Act, sch 3, def general route service(1)The following are not general route services—(a)a scheduled passenger service that is restricted to use for 1 specific purpose;Examples—a scheduled passenger service that is restricted to use by—•spectators travelling to or from a football game•tourists travelling to or from a common tourist attraction
(b)a scheduled passenger service that—(i)is provided for 1 specific purpose; and(ii)is subject to a condition that prevents a person from using the service primarily for another purpose.
Example—a hop-on hop-off style tour service that is intended to be used by tourists who want to travel to multiple tourist attractions and, because of the fare, effectively prevents a person from using the service to go to work
(2)However, subsection (1) does not apply to a scheduled passenger service to or from a serviced airport unless the service is—(a)an accommodation transfer service; or(b)a tourist service; or(c)a tourist transfer service; or(d)a service that may only be used by a person who has booked the service—(i)for a service from a place to a serviced airport—before the vehicle used to provide the service arrives at the place; or(ii)for a service from a serviced airport to a place—before the person arrives at the airport to use the service.
(3)In this section—serviced airport means the Brisbane airport, the Cairns airport, the Gold Coast airport, the Sunshine Coast airport and the Townsville airport.s 135A ins 2006 Act No. 21s 150(1)sch 1sub 2014 SL No. 218s 13136Services excluded from passenger services—Act, sch 3, def public passenger service(1)The following services involving the carriage of persons are excluded from the Act—(a)a service provided by the Australian Defence Force, the Queensland Fire and Rescue Service or the Queensland Police Service;(b)a service provided by an ambulance service;(c)a service provided with a human- or animal-powered vehicle;(d)a service provided for amusement other than on a road;(e)a car pooling arrangement;(f)a service provided as part of a funeral;(g)a service provided as part of a street parade authorised under a law.
(2)A vehicle breakdown service, including a towing service, to the extent it provides the driver or passengers of a broken-down vehicle with transport, is also a service excluded from the Act.Example of a towing service—a service that tows a vehicle, or transports a vehicle on a truck or trailer, from the place where the vehicle broke downExamples of a broken-down vehicle—•an inoperable vehicle•a vehicle damaged to the extent that it can not be driven or driven safely•a vehicle that the driver stops driving as a precaution against mechanical failure or greater mechanical failure
(3)However, subsection (2) applies only if—(a)the broken-down vehicle is not at the vehicle’s base of operations; and(b)either—(i)there is no reasonable alternative transport; or(ii)the driver of the vehicle providing the transport believes the health or safety of the driver of the broken-down vehicle, or any of its passengers, is placed in unreasonable danger because of the breakdown.
(4)In this section—ambulance service means—(a)the Queensland Ambulance Service established under the Ambulance Service Act 1991; or(b)the Ambulance Service of NSW established under the Health Services Act 1997 (NSW); or(c)the SA Ambulance Service Inc established under the Health Care Act 2008 (SA); or(d)an approved ambulance service within the meaning of the Mental Health and Related Services Act (NT).
s 136 amd 2009 SL No. 169s 3137Public passenger vehicles—Act, sch 3, def public passenger vehicle(1)A vehicle of a type mentioned in schedule 8, column 2 is a public passenger vehicle if it is used to provide the service set out opposite the type of vehicle in column 1.(2)A booked hire vehicle is a public passenger vehicle.(3)A person must not provide a public passenger service mentioned in schedule 8, column 1 unless the person uses a vehicle of a type set out opposite the service in column 2.Maximum penalty—20 penalty units.(4)However, subsection (3) does not apply to a booked hire service, limousine service, taxi service, air service, ferry service or a public passenger service provided by a fixed track vehicle.Note—The conditions of limousine service licences provide for the vehicles that may be used for limousine services. See section 87(2)(b) of the Act.(5)A person must not provide a booked hire service or taxi service unless the person uses a passenger vehicle.Maximum penalty—20 penalty units.s 137 amd 2008 SL No. 351s 11; 2014 SL No. 218s 14; 2016 SL No. 161 s 29137ARequirements for road-based public passenger vehicle(1)A person must not operate a public passenger service using a road-based public passenger vehicle that does not have a right-hand drive.Maximum penalty—20 penalty units.(2)For subsection (1), a road-based public passenger vehicle has a right-hand drive if the centre of the steering control of the vehicle is either—(a)to the right of the centre of the vehicle when viewed by a person in the vehicle who is facing to the front of the vehicle; or(b)in line with the centre of the vehicle.
(3)In this section—road-based public passenger vehicle means a public passenger vehicle used to transport members of the public by road.s 137A ins 2008 SL No. 351s 12137BRequirements for itemised receipts(1)This section applies if the hirer of any of the following public passenger vehicles for a journey requests a receipt for the fare for the hiring of the vehicle for the journey—(a)a booked hire vehicle;(b)a limousine;(c)a taxi, other than an exempted taxi.
(2)The driver of the public passenger vehicle must, before leaving the destination for the journey, give the hirer an itemised receipt for the fare, unless the driver reasonably believes that another entity has given, or is to give, the hirer an itemised receipt.Maximum penalty—20 penalty units.(3)In this section—itemised receipt, for the fare for a hiring of a public passenger vehicle for a journey, means a written receipt that includes—(a)the following details about the driver—(i)if the vehicle is a taxi, other than an exempted taxi—the driver’s driver authorisation number;(ii)otherwise—the driver’s name or driver’s driver authorisation number; and
(b)the fare and the amounts comprising the fare; andExamples of amounts comprising a fare for paragraph (b)—booking fee for the service, total tollage(c)the time at which the hiring started and finished; and(d)the origin of, and destination for, the journey.
s 137B ins 2016 SL No. 161 s 30138Transport arrangements for students(1)If a student’s parent has been convicted of an offence against section 149(3) of the Act, in relation to transport arrangements made under section 144 of the Act, the chief executive may exclude the student from free travel under the arrangements.(2)Before taking the action mentioned in subsection (1) (the proposed action), the chief executive must give the parent a written notice—(a)stating the proposed action; and(b)stating the grounds for the proposed action; and(c)outlining the facts and circumstances forming the basis for the grounds; and(d)inviting the parent to show, within a stated time of at least 28 days, why the proposed action should not be taken.
(3)Subsection (4) applies if, after considering all written representations made within the stated time, the chief executive is satisfied that the student’s parent has been convicted of an offence against section 149(3) of the Act, in relation to transport arrangements made under section 144 of the Act.(4)The chief executive may, by giving a regulation notice to the parent, exclude the student from free travel under the arrangements.s 138 amd 2007 SL No. 200s 9139Code of conduct for school studentsThe chief executive may, by gazette notice, approve a code of conduct applying in relation to school students travelling on public passenger vehicles.140Local conveyance committees(1)The chief executive may refuse to award a school service contract unless—(a)parents of eligible school students who will use the service to be provided under the contract have established a local conveyance committee; and(b)the chief executive is satisfied the committee is operating in accordance with local conveyance committee guidelines approved by the chief executive.
(2)In awarding a school service contract, the chief executive must ensure the views of any relevant local conveyance committee are taken into account.(3)A local conveyance committee has an ongoing role in—(a)monitoring the performance of the holders of school service contracts; and(b)assisting the holders of school service contracts in the development of timetabling and route design; and(c)assisting school principals and the holders of school service contracts in maintaining discipline of school students.
(4)In this section—local conveyance committee means a committee elected by, consisting of and representing, parents of eligible school students who use school services.school service contract means a service contract to provide school services.s 140 amd 2007 SL No. 200s 10141Soliciting or touting(1)A person must not solicit or tout for passengers for a public passenger vehicle or for a hiring of a public passenger vehicle.Maximum penalty—40 penalty units.(2)For subsection (1), attempting to arrange a multiple hiring for a taxi at a taxi rank, under section 66(1), is not soliciting or touting for passengers or a hiring.s 141 amd 2016 SL No. 161 s 31141AOffering provision of public passenger serviceA person must not offer the provision of a public passenger service for which operator accreditation is required under the Act unless—(a)the person who is to provide the service is accredited to operate the service under the Act; and(b)the vehicle to be used to provide the service is a vehicle required or permitted under the Act to be used to provide the service.Example for paragraph (b)—Under the Act, only particular vehicles may be used to provide a taxi service—see section 70 of the Act.
Maximum penalty—20 penalty units.s 141A ins 2013 SL No. 269s 19142Records to be maintained(1)If, under the Act, a person is required to maintain records, the person must—(a)maintain the records for at least 5 years; and(b)produce the records if asked by the chief executive or an authorised person.
Maximum penalty—10 penalty units.(2)Subsection (1) does not apply to a record required to be kept under section 87C of the Act.s 142 amd 2008 SL No. 351s 13; 2011 SL No. 287s 9143Change of name, address or postal address(1)This section applies to the holder of operator accreditation, driver authorisation, a service contract, a taxi service licence or a limousine service licence.(2)If any of the following change, the holder must notify the chief executive in writing of the change within 10 business days after the change—(a)the holder’s name or address;(b)if there is a current postal address for the holder—the postal address.
Maximum penalty—10 penalty units.(3)For a change of address of a holder of driver authorisation, the chief executive may give the holder a change of address label for the holder’s authorising document.(4)If a change of address label is damaged, lost or stolen, the holder must promptly ask the chief executive for a replacement label.Maximum penalty—20 penalty units.(5)On receipt of a change of address label or a replacement label, the holder must promptly attach the label to the back of the authorising document in the space provided for a change of details label.Maximum penalty—20 penalty units.s 143 amd 2010 SL No. 189s 40; 2014 SL No. 219s 37144Operation of Brisbane Airport Rail Link(1)Employees of a rail government entity are prescribed under section 111(2)(f) of the Act as persons the chief executive may appoint to be authorised persons for BARL.(2)To remove doubt, it is declared that the railway operator for BARL may charge a reasonable fare for a person’s use of any public passenger service the operator provides on BARL.(3)In this section—BARL means the railway known as the Brisbane Airport Rail Link, linking Brisbane Airport with the railway network operated by a rail government entity.s 144 amd 2008 SL No. 282s 17; 2010 Act No. 19s 154; 2013 Act No. 19s 120sch 1145Fees and levy(1)The fees or levy payable under the Act are stated in schedule 9.(2)However, if the chief executive grants provisional operator accreditation to an applicant for operator accreditation, the fee payable by the applicant under schedule 9, item 5(a) must be adjusted in proportion to the number of months for which the provisional operator accreditation is granted.(3)For adjusting the fee for subsection (2), the fee payable under schedule 9, item 5(a) is taken to be for 1 year.(4)Also, if the term for which operator accreditation is renewed is not 1 year or a number of whole years, the fee for renewal of the operator accreditation must be adjusted in proportion to the number of months in the term.(5)The fee for an authority may be paid—(a)in a lump sum before the authority is issued or renewed; or(b)by arrangement with the chief executive—yearly or in some other way approved by the chief executive; or(c)if the fee is an additional application fee for driver authorisation or operator accreditation—when the application is made.
(6)The chief executive may—(a)waive the payment of the whole, or a part, of a fee for a person; or(b)refund the whole, or a part, of a fee paid by a person.
(7)If a person’s cheque for payment of a fee for an authority is dishonoured, the authority is—(a)for an application for an authority—void from the day the authority was issued; or(b)for an application to renew an authority—suspended from the renewal date until a valid payment is made; or(c)if the payment was made under an arrangement entered into under subsection (5)(b)—suspended from the date the payment was due under the arrangement until a valid payment is made.
(8)If the State incurs expense because a person’s cheque is dishonoured—(a)the person must reimburse the State for the expense; and(b)the amount of the expense may be recovered as a debt payable by the person to the State.
(9)In this section—cheque includes a method of payment other than by cash.dishonoured includes not honoured on presentation.s 145 amd 2007 SL No. 307 s 8; 2008 SL No. 131 s 20; 2017 SL No. 88 s 22145ARefund of fee for application for driver authorisation other than for a taxi or limousine(1)This section applies if—(a)an application is made for driver authorisation other than for a taxi or limousine; and(b)the chief executive does not ask the commissioner of the police service for a written report about the applicant’s criminal history.
(2)The fee paid under schedule 9, item 9 for the application must be refunded to the applicant.s 145A ins 2007 SL No. 307 s 9amd 2010 SL No. 100 s 24; 2014 SL No. 161 s 21145BRefund of additional application fee(1)This section applies if the number of persons in relation to whom an additional application fee has been paid under schedule 9, item 10 (the proposed number) is more than the number of persons about whom the chief executive asks the commissioner of the police service for a written report about the person’s criminal history (the actual number).(2)The difference between the proposed number and the actual number multiplied by the amount of the fee payable under schedule 9, item 10(a) must be refunded to the applicant.s 145B ins 2007 SL No. 307 s 9amd 2010 SL No. 100 s 25; 2014 SL No. 161 s 22146Approval of formsThe chief executive may approve forms for use under this regulation.146AMatters prescribed for operator accreditation standards or driver authorisation standards(1)The following matters are prescribed under section 14(f) of the Act—(a)the maximum allowable age of a type of public passenger vehicle used by an operator of a public passenger service to provide the service;(b)extensions of a maximum allowable age mentioned in paragraph (a);(c)timetables for, or reliability of, a public passenger service.
(2)Reliability of a public passenger service is prescribed under section 26(d) of the Act.s 146A ins 2008 SL No. 396 s 7146BInformation prescribed for taxi service bailment agreements 146B ins 2011 SL No. 143s 4om 2017 SL No. 88 s 23Part 12Transitional provisionsDivision 1Transitional provisions for Transport Operations (Passenger Transport) Regulation 2005div hdg ins 2007 SL No. 282s 13147Definitions for div 1In this division—appeal court see the Transport Planning and Coordination Act 1994, section 29.def appeal court amd 2007 SL No. 282s 14(3)commencement means commencement of this section.decision notice see the Transport Planning and Coordination Act 1994, section 34(3).original decision see the Transport Planning and Coordination Act 1994, section 29.def original decision amd 2007 SL No. 282s 14(3)relevant applicant, in relation to a relevant application, means the person in relation to whom the relevant application is made.relevant application means an application under the repealed regulation that was received by the chief executive before the commencement.repealed regulation means the Transport Operations (Passenger Transport) Regulation 1994.reviewed decision see the Transport Planning and Coordination Act 1994, section 34(3).section 62B guidelines ...def section 62B guidelines om 2008 SL No. 396s 8s 147 amd 2007 SL No. 282s 14(1)–(2)148Reference in relevant notice to disqualifying offence is reference to driver disqualifying offence(1)This section applies to a notice (a relevant notice) given by the chief executive—(a)refusing to grant driver authorisation to a person; or(b)refusing to renew a person’s driver authorisation; or(c)suspending a person’s driver authorisation; or(d)cancelling a person’s driver authorisation.
(2)However, this section applies only if—(a)the relevant notice was given on or after 20 May 2004 but before 19 November 2004; and(b)the facts and circumstances forming the basis for the grounds for the relevant notice involved an offence that was described in the relevant notice as a disqualifying offence.
(3)If the relevant notice stated that a person had been charged with a disqualifying offence, the reference in the notice to a disqualifying offence is taken to have been a reference to a driver disqualifying offence.(4)If—(a)the relevant notice stated that the person had been convicted of a disqualifying offence; and(b)the offence is a category C driver disqualifying offence;
the reference in the notice to a disqualifying offence is taken to have been a reference to a category C driver disqualifying offence.149Things done under repealed regulation(1)This section applies if—(a)a provision of the repealed regulation expressly or impliedly authorised or required the doing of a thing; and(b)the thing was done or, as a result of doing the thing, a document existed and was in force immediately before the repeal of the provision; and(c)the thing may be done or the document may be made or issued under this regulation.
Examples for paragraph (a) of things authorised or required under the repealed regulation—•a grant or renewal of operator accreditation or driver authorisation•a grant of a provisional operator accreditation or restricted driver authorisation•a refusal of operator accreditation or driver authorisation•an amendment, suspension (including immediate suspension) or cancellation of operator accreditation or driver authorisation•fixing of a day, by the chief executive by gazette notice, as a day on and from which the administration of taxi services in a taxi service area must be performed under a service contract•an amendment of a taxi service licence or limousine service licence•a notice of a transfer or lease of a taxi service licence or limousine service licence•a suspension or cancellation of a taxi service licence or limousine service licence•an exemption from the requirement to be fitted with a taximeter•a notice under part 8A of the repealed regulation
(2)The thing that was done and had effect, including a document, immediately before the repeal continues to have effect as if the thing had been done under this regulation.(3)Without limiting subsection (2), if the thing was—(a)subject to an imposed condition immediately before the commencement, the thing continues to be subject to the condition; andExample for paragraph (a)—If the chief executive had imposed a condition on a person’s driver authorisation under section 6(2) of the repealed regulation, the imposed condition continues to be imposed on the driver authorisation as continued under subsection (2).(b)subject to a time limit or a period of time, the thing continues to have effect for the period of time remaining at the commencement.Example for paragraph (b)—If the chief executive had renewed a person’s driver authorisation for 3 years under section 7(1) of the repealed regulation and only 1 year had run at the commencement so 2 years were remaining, the renewed driver authorisation has a term remaining of 2 years under subsection (2).
(4)This section is subject to a contrary intention stated in another provision of this division.s 149 amd 2007 SL No. 282s 15; 2013 SL No. 31s 5150Circumstances, after commencement, in which repealed regulation applies to outstanding relevant application(1)This section applies to a relevant application and the relevant applicant if a decision under the repealed regulation about the relevant application had not been made before the commencement.(2)The repealed regulation applies to the relevant application and the relevant applicant for the purpose of making a decision about the relevant application.(3)For subsection (2), if the chief executive had delegated his or her power under the repealed regulation to decide an application that is a relevant application and the delegation was in force immediately before the commencement, the delegation continues to have effect in relation to making a decision about the relevant application.(4)If the decision, by application of the repealed regulation, involves granting the relevant application, the relevant applicant is to be issued with the operator accreditation, driver authorisation, taxi service licence, limousine service licence or other appropriate form of approval under this regulation.(5)If the decision, by application of the repealed regulation, involves refusing the relevant application, the relevant applicant is to be given the decision, a statement of reasons for the decision and an information notice.(6)On the issuing of operator accreditation, driver authorisation, a taxi service licence, limousine service licence or other appropriate form of approval as mentioned in subsection (4), or an information notice as mentioned in subsection (5), this regulation, and not the repealed regulation, applies.(7)Despite subsection (6), if an information notice is given to the relevant applicant under subsection (5) or before the commencement—(a)the relevant applicant may apply for a review of the decision; and(b)the repealed regulation applies to the application for review, the review and any appeal relating to the decision on review.
151Circumstances where repealed regulation applies to application for review of original decision(1)This section applies if, before the commencement, a person had applied under the Transport Planning and Coordination Act 1994, section 29 for a review of an original decision under the repealed regulation.(2)If the person had not been given a decision notice, the repealed regulation applies to the application for review, the review and any appeal relating to the reviewed decision.(3)If the person had been given a decision notice, the repealed regulation applies to the reviewed decision for the purposes of any appeal relating to the reviewed decision.(4)If an appeal court had started to hear an appeal against a reviewed decision, the appeal court must continue to hear the appeal and apply the repealed regulation to the appeal.152Approved taxi security camera systems in relevant areas(1)This section applies if, immediately before the commencement, the holder of a taxi service licence for a taxi service area that is, on the commencement, a relevant taxi service area had a taxi that had not been fitted with a taxi security camera system provided by the department that, on the commencement, is an approved taxi security camera system.(2)After the commencement, the chief executive may, by written notice given to the holder, require the holder to take the taxi to a place stated in the notice, on a day stated in the notice, to be fitted with an approved taxi security camera system.(3)The day stated in the notice must not be less than 14 days after the day the notice is given to the holder.(4)The holder must comply with the notice, unless the holder has a reasonable excuse.Maximum penalty—40 penalty units.(5)None of the following persons commits an offence against part 6, division 4 for making the taxi available to another person, or driving the taxi, without an approved taxi security camera system being fitted and fully operational during the relevant period for the taxi—(a)the holder of the taxi service licence for the taxi;(b)the operator of the taxi service that uses the taxi to provide the service;(c)the driver of the taxi.
(6)In this section—approved taxi security camera system see section 81.fully operational see section 81.relevant period, for a taxi, means the period—(a)starting on the commencement; and(b)ending on the day stated in a notice given under this section as the day on which the holder of the taxi service licence for the taxi must take the taxi to a stated place to be fitted with an approved taxi security camera system.
relevant taxi service area see section 81.taxi security camera system see section 81.153Application of repealed s 33(1)If a person applied under section 33 of the repealed regulation before the commencement and the application had not been finally dealt with before the commencement, the application is to be dealt with under repealed section 33 as if it had not been repealed.(2)A person to whom section 33 of the repealed regulation applied immediately before the commencement is taken to be an approved relevant person for the purposes of part 6, division 5.(3)If—(a)immediately before the commencement, the chief executive began an action in relation to the person that may result in section 33 of the repealed regulation not applying to the person or the exclusion of the person from the taxi subsidy scheme; and(b)the action begun by the chief executive was not completed at the commencement; and(c)the chief executive wishes to continue the action after the commencement;
the chief executive must continue the action under section 96 having regard to the actions previously taken and the requirements of section 96.154Section 62B guideliness 154 amd 2006 SL No. 289 s 5; 2007 SL No. 282 s 16exp 16 December 2008 (see s 154(3))155References to school children in a code of conducts 155 exp 16 June 2006 (see s 155(4))156Disqualifying offences under the repealed regulations 156 om 2006 Act No. 21 s 150(1) sch 1157References to repealed regulationIt is declared that in a document, a reference to the repealed regulation may, if the context permits, be taken to include a reference to this regulation.158Application of Acts Interpretation Act 1954This division does not limit the operation of the Acts Interpretation Act 1954, section 20, except to the extent that an intention contrary to that section is expressed.s 158 amd 2007 SL No. 282 s 17Division 2Transitional provision for Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007div 2 (s 158A) ins 2007 SL No. 282 s 18158AOperators of taxi services—obligations about approved card readersSection 96AG does not apply to an operator of a taxi service until 1 May 2008.div 2 (s 158A) ins 2007 SL No. 282 s 18Division 3Transitional provision for Transport Operations (TransLink Transit Authority) Regulation 2008div 3 (s 158B) ins 2008 SL No. 210 s 13158BExisting contracts for commercial scheduled services(1)This section applies if—(a)immediately before 1 July 2008 a service contract was in force for a public passenger service; and(b)the public passenger service was a commercial scheduled service as defined under this regulation as in force before 1 July 2008.
(2)On and from 1 July 2008, the service contract is taken to be a service contract for a general route service.(3)The chief executive may, by notice to the holder of the service contract, amend or renew the contract in a way that reflects the change under subsection (2).(4)If the service contract is renewed, the chief executive may issue the renewed service contract on terms that reflect the change.div 3 (s 158B) ins 2008 SL No. 210 s 13Division 4Transitional provisions for Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 2) 2008div 4 (ss 158C–158E) ins 2008 SL No. 351 s 14158CDefinition for div 4In this division—commencement means commencement of this section.div 4 (ss 158C–158E) ins 2008 SL No. 351 s 14158DSection 137A does not apply in relation to particular motor vehicles(1)This section applies in relation to a motor vehicle stated in a limousine service licence, in force at the commencement, that does not have a right-hand drive in the way required under section 137A.(2)Section 137A does not apply to the operation of a public passenger service using the vehicle if—(a)the public passenger service is a limousine service operated under a limousine service licence; and(b)the limousine service is operated by a person who was the registered operator of the vehicle immediately before the commencement.
(3)However, subsection (2) stops having effect when the person sells or otherwise transfers the vehicle to another person.div 4 (ss 158C–158E) ins 2008 SL No. 351 s 14158EParticular motor vehicles continue to be luxury motor vehicles(1)This section applies if—(a)a motor vehicle of a type that was mentioned in schedule 4, as in force from time to time before the commencement, is stated in a limousine service licence in force at the commencement; and(b)the maximum age limit that applies to the vehicle under section 105(a) after the commencement is lower than the maximum age limit that applied to the vehicle under section 105(a) before the commencement.
(2)The vehicle continues to be a luxury motor vehicle until the vehicle reaches the maximum age limit that applied to the vehicle under section 105(a) before the commencement.div 4 (ss 158C–158E) ins 2008 SL No. 351 s 14Division 5Transitional provision for Transport and Other Legislation Amendment Regulation (No. 2) 2008div hdg ins 2008 SL No. 396 s 9158FPrescribed medical certificates(1)A certificate given under a repealed provision is taken, for 6 months after the commencement of this section, to be a prescribed medical certificate.(2)In this section—repealed provision means the Transport Operations (Passenger Transport) Standard 2000, section 8(1) or 8B(1)(a) as in force immediately before the commencement of this section.s 158F ins 2008 SL No. 396 s 9Division 6Transitional provisions for Transport Operations (Passenger Transport) Amendment Regulation (No. 2) 2009div hdg ins 2009 SL No. 231 s 13158GUndecided applications for driver authorisation—taxis(1)This section applies if—(a)an application was made before the commencement of this section for driver authorisation for a relevant vehicle that is a taxi; and(b)the application has not been decided.
(2)The application must be decided as if the Transport Operations (Passenger Transport) Amendment Regulation (No. 2) 2009 had not been made.s 158G ins 2009 SL No. 231 s 13158HApplication of ss 20A–20C and 27A to particular applications made on or after commencement of this section(1)Section 20A and not the passenger transport standard, section 6 applies in relation to an application for driver authorisation for the operation of a relevant vehicle that is a motorbike made on or after the commencement of this section.(2)Section 20B and not the passenger transport standard, section 7 applies in relation to an application for driver authorisation for the operation of a relevant vehicle, other than a motorbike, made on or after the commencement of this section.(3)Section 20C and not the passenger transport standard, section 9 applies in relation to an application for, or for renewal of, driver authorisation for the operation of a relevant vehicle that is a taxi, made on or after the commencement of this section.(4)Section 27A and not the passenger transport standard, section 8A applies in relation to an application for restricted driver authorisation made on or after the commencement of this section.(5)In this section—passenger transport standard means the repealed Transport Operations (Passenger Transport) Standard 2000.s 158H ins 2009 SL No. 231 s 13amd 2013 SL No. 31 s 6Division 7 Transitional provisions for Transport and Other Legislation (Hire Services) Amendment Regulation 2016div hdg ins 2016 SL No. 161 s 32158IExtended term of operator accreditation for limousine services and taxi services(1)This section applies to an operator accreditation for a limousine service, taxi service or limousine and taxi service if the term of the accreditation ends within 1 year after the commencement.(2)The operator accreditation is taken to continue in force from the day that it would, apart from this section, have expired until the day 1 year after the commencement.s 158I ins 2016 SL No. 161 s 32158JRenewal of expired operator accreditation for limousine services and taxi services(1)This section applies to an operator accreditation for a limousine service, taxi service or limousine and taxi service that expired on a day between 1 August 2016 and the commencement.(2)The operator accreditation—(a)is taken to have been renewed on the day that it would, apart from this section, have expired (the initial expiry date); and (b)continues in force until the day 1 year after the commencement.
(3)To remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the commencement is taken to have been as validly done as it would have been if the operator accreditation had been renewed immediately before the initial expiry date.s 158J ins 2016 SL No. 161 s 32158KApplication of s 42A to particular authorised drivers(1)This section applies to an authorised driver if, immediately before the commencement, the driver’s authorising document states the expression ‘Genr’.(2)Section 42A does not apply to the driver operating a vehicle providing a booked hire service during the transition period for the driver.(3)In this section—transition period, for an authorised driver, means the period starting at the commencement and ending at the end of the earlier of the following days—(a)the day the driver’s driver authorisation expires or otherwise ends under the Act;(b)14 August 2017.
s 158K ins 2016 SL No. 161 s 32Division 8Transitional provisions for Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation 2017div hdg ins 2017 SL No. 24158L Existing approved specifications, approved taxi security camera systems and security recordings(1)A specification that was, immediately before the commencement, approved by the chief executive under the repealed provisions is taken to be a specification approved under section 117O until the earlier of the following—(a)6 months after the commencement;(b)another specification is approved under section 117O.
(2)A taxi security camera system that was, immediately before the commencement, an approved taxi security camera system under the repealed provisions is taken to be an approved security camera system for part 7B.(3)A security recording made under the repealed provisions before the commencement by a taxi security camera system is taken to be a security recording for sections 117R, 117T and 117U.(4)In this section—approved security camera system see section 117E.repealed provisions means repealed part 6, division 4 as in force before the commencement.security recording see section 117E.taxi security camera system means a taxi security camera system under the repealed provisions.s 158L ins 2017 SL No. 24158M Transitional period for particular vehicles—s 117G(1)Section 117G does not apply to a booked hire vehicle or limousine during the transitional period.(2)In this section—transitional period means the period starting on the commencement and ending on 30 September 2017.s 158M ins 2017 SL No. 24Part 13Repealpt hdg amd 2006 SL No. 289 s 6159Repeal of Transport Operations (Passenger Transport) Regulation 1994The Transport Operations (Passenger Transport) Regulation 1994, SL No. 379 is repealed.s 159 amd 2011 SL No. 227 s 11Schedule 1Market entry restrictionssection 45Column 1Column 2
Public passenger serviceArea or route
1general route services, other than air services and ferry services1cities and towns having a population more than 75002routes for distances not more than 40km between cities or towns each having a population more than 75003routes for distances not more than 40km between a village and a city or town if the village has a population more than 500 and the city or town has a population more than 75004Airlie Beach, Cannonvale, Proserpine, Shute Harbour, Shute Haven and the routes between them5routes between Proserpine and Proserpine Airport
2school servicesroutes serving schools
3taxi servicesQueensland
4air servicesa route, other than an excluded route or a route to the extent that it includes an excluded route, serving any of the following places—•Barcaldine•Bedourie•Birdsville
•Blackall•Boulia•Burketown•Charleville•Cunnamulla•Doomadgee•Gununa•Hughenden•Julia Creek•Longreach•Mt Isa•Normanton•Quilpie•Richmond•Roma•St George•Thargomindah•Toowoomba•Windorah•Winton
5ferry services1routes between Coochiemudlo Island and Victoria Point2routes between Karragarra Island, Lamb Island, Macleay Island, Russell Island and Weinam Creek3routes between Magnetic Island and Townsville
4routes between Townsville and Palm Island
sch 1 amd 2007 SL No. 282 s 19; 2008 SL No. 210 s 14; 2012 SL No. 217 s 16; 2014 SL No. 287 s 4Schedule 2ADDITIONAL SERVICE CONTRACT AREAS OR ROUTES IN TRANSLINK AREAsch 2 amd 2006 SL No. 74 s 3; 2007 SL No. 282 s 20om 2008 SL No. 210 s 15Schedule 2ATaxi service areas for taxi industry security levysection 60ABrisbaneCairnsGold CoastIpswichMackayRockhamptonSunshine CoastToowoombaTownsville Thuringowa
sch 2A ins 2007 SL No. 200 s 11amd 2009 SL No. 169 s 4; 2011 SL No. 227 s 12Schedule 2BPrescribed areasschedule 11, definition prescribed areaBribie IslandBrisbaneBundabergCairnsGladstoneGold CoastGympieHervey BayInnisfailIpswichMackayMaryboroughMt IsaRedcliffeRockhamptonSunshine CoastToowoombaTownsville ThuringowaWarwickYeppoon
sch 2B ins 2010 SL No. 373 s 5amd 2011 SL No. 227 s 13Schedule 3Relevant security camera areas for approved security camera systemssection 117E, definition relevant security camera areaBrisbaneBundabergCairnsGladstoneGold CoastGympieHervey BayInnisfailIpswichMackayMaryboroughMt IsaRedcliffeRockhamptonSunshine CoastToowoombaTownsville ThuringowaYeppoon
sch 3 amd 2007 SL No. 67 s 8; 2011 SL No. 227 s 14; 2014 SL No. 218 s 15; 2017 SL No. 88 s 25Schedule 4Vehicles that are luxury motor vehiclessection 105Type of vehicleMaximum age limit for vehicle
Category A
passenger car of either of the following makes—•Bentley•Rolls Royceunlimited
Category B
(a)passenger car with a recommended retail price (without optional extras) of the amount that is at least twice the luxury car tax threshold(b)passenger car—(i)stated in a limousine service licence; and(ii)with a recommended retail price (without optional extras) at the time it was stated in the licence (the relevant time) of the amount that was at least twice the luxury car tax threshold at the relevant time12 years from the date of compliance
Category C(a)passenger car with a recommended retail price (without optional extras) of the amount that is at least the luxury car tax threshold, but less than the amount that is twice the luxury car tax threshold(b)passenger car—(i)stated in a limousine service licence; and(ii)with a recommended retail price (without optional extras) at the time it was stated in the licence (the relevant time) of the amount that was at least the luxury car tax threshold at the relevant time, but less than the amount that was twice the luxury car tax threshold at the relevant time6 years from the date of compliance
Category D
a stretched version of a passenger car mentioned under the heading ‘Category A’unlimited
Category E
a stretched version of a passenger car mentioned under the heading ‘Category B’18 years from the date of compliance
Category F
a stretched version of a passenger car mentioned under the heading ‘Category C’12 years from the date of compliance
Category G
a stretched version of a passenger vehicle of any of the following makes—•Ford G6E•Ford Territory•Hummer H2•Hummer H312 years from the date of compliance
sch 4 amd 2006 SL No. 173 s 14; 2007 SL No. 282 s 21sub 2008 SL No. 351 s 15amd 2009 SL No. 169 s 5; 2011 SL No. 287 s 10; 2012 SL No. 160 s 8Schedule 4AVehicles that may be special purpose limousinessection 105AType of vehicleMinimum age limit for vehicle
Category A
(a)passenger car with a recommended retail price (without optional extras) of the amount that is at least twice the luxury car tax threshold(b)passenger car—(i)stated in a limousine service licence or a special purpose limousine service licence; and(ii)with a recommended retail price (without optional extras) at the time it was stated in the licence (the relevant time) of the amount that was at least twice the luxury car tax threshold at the relevant time18 years from the date of compliance
Category B
(a)passenger car with a recommended retail price (without optional extras) of the amount that is at least the luxury car tax threshold, but less than the amount that is twice the luxury car tax threshold12 years from the date of compliance
(b)passenger car—(i)stated in a limousine service licence or a special purpose limousine service licence; and(ii)with a recommended retail price (without optional extras) at the time it was stated in the licence (the relevant time) of the amount that was at least the luxury car tax threshold at the relevant time, but less than the amount that was twice the luxury car tax threshold at the relevant time
Category C
passenger vehicle of any of the following makes—•Ford G6E•Ford Territory•Hummer H2•Hummer H312 years from the date of compliance
sch 4A ins 2008 SL No. 351 s 15amd 2011 SL No. 287 s 10; 2012 SL No. 160 s 9Schedule 5Equipment for vehiclessection 1181Off-road passenger vehicles operating tourist services(1)Off-road passenger vehicles operating tourist services must be fitted with—(a)a fire extinguisher that complies with the Australian Standards for fire extinguishers; and(b)a device to prevent a damaged tail shaft from striking the ground.
(2)If a tourist service is of more than 1 day’s duration, the following equipment must also be fitted to the vehicle and in working order—(a)winch;(b)first aid kit;(c)Royal Flying Doctor radio or a telephone that operates in conjunction with a satellite.
2Taxis(1)Taxis must—(a)be constructed, or have a safety partition or some other equipment fitted, to prevent luggage or other goods being carried in the luggage compartment of the vehicle from entering the passenger compartment; and(b)if luggage is carried in the passenger compartment—be constructed, or have equipment fitted, to secure the luggage.
(2)Taxis must be fitted with the following—(a)a green distress light;(b)a hail light;(c)a child restraint anchorage bolt.
(3)However, subsection (2) does not apply to—(a)an exempted taxi; or(b)a luxury motor vehicle that is a taxi.
s 2 amd 2016 SL No. 161 s 33Schedule 6Accreditation evidencesection 1201Buses, forward-control passenger vehicles or off-road passenger vehiclesFor a vehicle that is a bus, forward-control passenger vehicle or off-road passenger vehicle, the operator’s accreditation number must be displayed on the vehicle so that the accreditation number is—(a)preceded by the letter ‘Q’; and(b)securely fixed to the bottom left side of the rear of the vehicle, using, for example, paint, preprinted magnetic strips or adhesive lettering; and(c)in block letters and figures that are at least 50mm high; and(d)clearly legible from a distance of 4.5m away from the vehicle.
s 1 amd 2014 SL No. 218 s 162Taxis and passenger cars other than NSW taxis providing cross-border taxi service and limousinesFor a vehicle that is a taxi or passenger car, other than a vehicle that is a NSW taxi being used to provide a cross-border taxi service or a vehicle for which a limousine service licence is in force, the operator’s accreditation number must be displayed on the vehicle so that it is clearly visible from outside the vehicle and the accreditation number is—(a)preceded by the letter ‘Q’; and(b)securely fixed to the bottom left side of the rear of the vehicle or the bottom left side of the vehicle’s rear window, using, for example, paint, preprinted magnetic strips or adhesive lettering; and(c)in block letters and figures that are at least 30mm high; and(d)clearly legible from a distance of 5m away from the vehicle.
s 2 amd 2007 SL No. 200 s 122ANSW taxis providing cross-border taxi serviceFor a vehicle that is a NSW taxi being used to provide a cross-border taxi service, a copy of the certificate evidencing the operator’s operator accreditation must be kept in the vehicle while the vehicle is being used to provide the cross-border taxi service.s 2A ins 2007 SL No. 200 s 12(3)3LimousinesFor a vehicle for which a limousine service licence is in force, a copy of the certificate evidencing the operator’s operator accreditation must be kept in the vehicle while the vehicle is being used to provide the limousine service.s 3 sub 2007 SL No. 200 s 12(4)4Motor cycles, motor tricycles and motor cycles with sidecarsFor a vehicle that is a motor cycle, motor tricycle or motor cycle with a sidecar, the operator’s accreditation number must be displayed on the vehicle so that it is clearly visible and the accreditation number is—(a)preceded by the letter ‘Q’; and(b)on a card, measuring 110mm by 70mm, in a waterproof case that is securely fixed to the vehicle; and(c)in block letters and figures that are at least 20mm high; and(d)clearly legible from a distance of 4.5m away from the vehicle.
Schedule 7Reviewable decisionssection 134SectionDescription of decision
34(2)imposition of condition when granting driver authorisation or amendment of driver authorisation to include a condition
74(1)grant of substitute taxi authority with conditions or refusal to grant substitute taxi authority
77(1)cancellation of substitute taxi authority
95(4)refusal of application for membership of a taxi subsidy scheme
96cancellation of approval under a taxi subsidy scheme
112refusal to grant substitute limousine authority
115(1)cancellation of substitute limousine authority
117P(1)(a)refusal to approve a vehicle security camera system
117P(1)(b)cancellation of approval of vehicle security camera system
138exclusion from free travel
sch 7 sub 2009 Act No. 24 s 1777amd 2017 SL No. 88 s 26Schedule 7AGold Coast light railschedule 11, definition Gold Coast light rail, paragraph (a)![]()
sch 7A ins 2011 SL No. 187 s 4sub 2014 SL No. 218 s 17Schedule 8Public passenger vehiclessection 137Column 1Column 2
Service categoryVehicle type
general route service or school serviceforward-control passenger vehicle, off-road passenger vehicle, light bus, heavy bus or people mover
passenger car for which a taxi service licence or limousine service licence is in force
passenger car while it is being used to provide a general route service or school service under—(a)a service contract; or(b)an arrangement under section 144 of the Act
long distance scheduled passenger serviceforward-control passenger vehicle, off-road passenger vehicle, light bus, heavy bus or people mover
community transport servicemotor vehicle
courtesy transport servicemotor vehicle
taxi service other than a cross-border taxi serviceforward-control passenger vehicle, passenger car, off-road passenger vehicle or schedule 4 vehicle
light bus having up to 12 seating positions, including the driver’s position
cross-border taxi serviceNSW taxi
tourist serviceoff-road passenger vehicle, light bus, heavy bus, motor cycle, motor cycle and sidecar, motor tricycle, forward-control passenger vehicle or people mover
passenger car for which a taxi service licence or limousine service licence is in force
limousine service other than a limousine service provided under a special purpose limousine service licenceluxury motor vehicle
limousine service provided under a special purpose limousine service licencespecial purpose limousine
accommodation transfer serviceforward-control passenger vehicle, off-road passenger vehicle, light bus, heavy bus or people mover
passenger car for which a taxi service licence or limousine service licence is in force
tourist transfer serviceforward-control passenger vehicle, off-road passenger vehicle, light bus, heavy bus or people mover
passenger car for which a taxi service licence or limousine service licence is in force
unscheduled long distance passenger serviceforward-control passenger vehicle, off-road passenger vehicle, light bus, heavy bus or people mover
other public passenger servicelight bus or heavy bus
sch 8 amd 2007 SL No. 200 s 13; 2008 SL No. 210 s 12; 2008 SL No. 351 s 16; 2014 SL No. 218 s 18Schedule 9Fees and levysection 145$
Fees
1Service contract, or a renewal of a service contract, for each year the contract is in force—
(a)if, under the contract, the holder of the contract is remunerated from revenue generated by passenger fares—
(i) 1 to 10 vehicles171.40
(ii) 11 to 20 vehicles428.75
(iii) 21 to 50 vehicles857.50
(iv) more than 50 vehicles1715.05
(b)for the administration of taxi services—
(i) 1 to 50 vehicles171.40
(ii) 51 to 100 vehicles428.75
(iii) 101 to 200 vehicles857.50
(iv) more than 200 vehicles1715.05
2Taxi service licence, or a renewal of a taxi service licence, for an exempted taxi, for each year of the licence85.70
3Taxi service licence, or a renewal of a taxi service licence, other than for an exempted taxi, for each year of the licence171.40
4Limousine service licence, or a renewal of a limousine service licence—
(a)if the licence is a special purpose limousine service licence2480.80
(b)otherwise, for each year of the licence171.40
5Application for grant of operator accreditation to provide a service mentioned in item 6 (s 5)—the total of the following—
(a)an amount equal to the fee payable under whichever of item 6(a), (b), (c), (d), (e), (f) or (g) mentions the service;
(b)the additional application fee payable under item 10.
6Application for renewal of operator accreditation after the first year’s accreditation to provide the following, for each year of accreditation (s 5)—
(a)1 or more general route services or school services171.00
(b)a community transport service171.00
(c)a courtesy transport service171.00
(d)a limousine service171.00
(e)a taxi service under which only an exempted taxi may be used to provide the service86.05
(f)a taxi service, other than a taxi service mentioned in paragraph (e)171.00
(g)a service for which no fee is provided under paragraphs (a) to (f), for each service—
(i)accreditation under which 1 to 10 vehicles may be used to provide the service342.65
(ii)accreditation under which more than 10 vehicles may be used to provide the service1715.05
7Application for grant of driver authorisation for a booked hire vehicle, limousine or taxi (s 20)—the total of the following—
(a)the fee payable for the period of the authorisation—
(i)for 1 year140.65
(ii)for 2 years218.65
(iii)for 3 years291.40
(iv)for 4 years364.20
(v)for 5 years437.10
(b)the additional application fee payable under item 10.
8Application for renewal of driver authorisation for a booked hire vehicle, limousine or taxi (s 20)—
(a)for 1 year140.65
(b)for 2 years218.65
(c)for 3 years291.40
(d)for 4 years364.20
(e)for 5 years437.10
9Application for grant of driver authorisation other than for a booked hire vehicle, limousine or taxi (s 20)41.05
10Additional application fee for item 5(b) or 7(b) if the individual, partner or executive officer mentioned in paragraph (a), (b) or (c) is a person about whom the chief executive proposes to ask the commissioner of the police service for a written report about the person’s criminal history for the application (Act, s 148(2))—
(a)if the applicant is an individual and paragraph (b) does not apply41.05
(b)if the applicant is a partner, for each partner of the partnership when the application is made41.05
(c)if the applicant is a corporation, for each executive officer of the corporation when the application is made41.05
Levy
11Annual taxi industry security levy (Act, s 80A)378.80
sch 9 sub 2006 SL No. 90 s 24; 2007 SL No. 83 s 20; 2007 SL No. 307 s 10; 2008 SL No. 131 s 21amd 2008 SL No. 210 s 16; 2008 SL No. 351 s 17sub 2009 SL No. 64 s 20; 2010 SL No. 100 ss 23, 26; 2011 SL No. 64 s 23; 2012 SL No. 55 s 22; 2013 SL No. 75 s 22; 2014 SL No. 61 s 25amd 2014 SL No. 161 s 23sub 2015 SL No. 25 s 24; 2016 SL No. 49 s 24amd 2016 SL No. 161 s 34Schedule 11Dictionarysection 2accommodation house means a place providing lodging or food and lodging to the public.def accommodation house ins 2009 Act No. 47 s 29accommodation transfer service means a public passenger service—(a)that—(i)is provided for travellers arriving in or departing from an area; and(ii)operates between an airport, ferry terminal, intercity bus terminal or railway terminal and an accommodation house in the area; and
(b)that requires journeys on the service to be pre-booked and travel documentation for them to be issued before the travellers arrive in the area.
def accommodation transfer service ins 2008 SL No. 210 s 17(2)approved card reader see section 94.def approved card reader ins 2007 SL No. 282 s 22(2)approved form means a form approved under section 146.approved relevant person, for part 6, division 5, see section 94.approved security camera system, for part 7B, see section 117E.def approved security camera system ins 2017 SL No. 88 s 27(2)approved security camera system sign, for part 7B, see section 117E.def approved security camera system sign ins 2017 SL No. 88 s 27(2)approved taxi security camera system ...def approved taxi security camera system om 2017 SL No. 88 s 27(1)approved taxi security camera system sign ...def approved taxi security camera system om 2017 SL No. 88 s 27(1)assistance animal means an animal that—(a)accompanies a person who has a disability; and(b)is specifically trained to give help to the person in relation to the disability.
def assistance animal ins 2014 SL No. 218 s 19(2)audio recording ...def audio recording ins 2013 SL No. 269 s 20(2)om 2017 SL No. 88 s 27(1)authorised provider, for part 6, division 3, see section 72.def authorised provider sub 2008 SL No. 351 s 18authorised purpose—(a)for part 6, division 5, see section 94; or(b)for part 7B, see section 117E.
def authorised purpose sub 2007 SL No. 282 s 22; 2017 SL No. 88 s 27believes means reasonably believes.booked hire service means a public passenger service provided by the hire of a motor vehicle and a person to drive the vehicle other than—(a)an excluded public passenger service; and(b)a rank and hail service.
def booked hire service ins 2016 SL No. 161 s 35(2)booked hire vehicle means a motor vehicle, other than a limousine or taxi, used to provide a booked hire service while it is being used to provide the service.def booked hire vehicle ins 2016 SL No. 161 s 35(2)busway transport infrastructure see the Transport Infrastructure Act 1994, schedule 6.def busway transport infrastructure ins 2014 SL No. 218 s 19(2)car see the Transport Operations (Road Use Management) Act 1995, schedule 4.def car ins 2009 SL No. 231 s 14certificate of inspection see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, schedule 4.def certificate of inspection ins 2017 SL No. 88 s 27(2)code of conduct means a code of conduct approved by the chief executive under section 139.commercial scheduled service ...def commercial scheduled service om 2008 SL No. 210 s 17(1)considers means reasonably considers.corresponding licence to—(a)an open licence, for a requirement relating to restricted driver authorisation—means a document corresponding to the open licence that is issued under a law of another State or a foreign country that provides for the same matter as the provision under which the open licence is issued; or(b)an open licence, other than for a requirement relating to restricted driver authorisation—means a document corresponding to the open licence that is issued under a law of another State that provides for the same matter as the provision under which the open licence is issued; or(c)a provisional licence, for a requirement relating to restricted driver authorisation—means a document corresponding to the provisional licence that is issued under a law of another State or a foreign country that provides for the same matter as the provision under which the provisional licence is issued; or(d)a provisional licence, other than for a requirement relating to restricted driver authorisation—means a document corresponding to the provisional licence that is issued under a law of another State that provides for the same matter as the provision under which the provisional licence is issued.
def corresponding licence ins 2009 SL No. 231 s 14cross-border taxi rank ...def cross-border taxi rank ins 2007 SL No. 200 s 14om 2012 SL No. 217 s 17cross-border taxi service ...def cross-border taxi service ins 2007 SL No. 200 s 14om 2012 SL No. 217 s 17current postal address, for a person, means a postal address—(a)given by the person to the department for use by the department (whether or not it was given for the purpose of this regulation); and(b)for which no written notice from the person, requiring the department to discontinue use of the postal address, has been received by the department.
def current postal address ins 2014 SL No. 219 s 38damaged, in relation to an authorising document, other than in sections 37A and 37B—(a)means damaged as defined under the Act, section 34A(2); but(b)does not include the authorising document being destroyed as required under section 37B(5) or 43B.
def damaged ins 2010 SL No. 189 s 41date of compliance, for a vehicle, means the date of compliance shown on the identification plate placed on the vehicle under the Motor Vehicle Standards Act 1989 (Cwlth).def date of compliance ins 2011 SL No. 287 s 11decision notice, for part 6, division 5, see section 94.def decision notice ins 2016 SL No. 13 s 7driver operator booked hire service means a booked hire service provided by an individual who is the operator and the only driver providing the service.def driver operator booked hire service ins 2016 SL No. 161 s 35(2)eligible school students means students whose travel to and from school or another educational establishment is the subject of an arrangement under section 144 of the Act.excluded route means any of the following routes—(a)Brisbane direct to, or from, Mt Isa;(b)Brisbane direct to, or from, Toowoomba;(c)Cairns direct to, or from, Mt Isa;(d)Toowoomba direct to, or from, Roma;(e)Townsville direct to, or from, Mt Isa.
def excluded route amd 2014 SL No. 287 s 5exempted taxi means a taxi that is not required under the taxi service licence for the taxi to be fitted with a taximeter.def exempted taxi amd 2013 SL No. 269 s 20(3)fee includes charge and tax.def fee ins 2008 SL No. 351 s 18(2)foreign driver licence means a licence to drive a motor vehicle corresponding to an open or provisional licence and issued under the law of another country that provides for the same matter as the provision under which the open or provisional licence is issued.def foreign driver licence ins 2009 SL No. 231 s 14forward-control passenger vehicle ...def forward-control passenger vehicle om 2006 Act No. 21 s 150(1) sch 1front or rear camera system, for part 7B, see section 117E.def front or rear camera system ins 2017 SL No. 88 s 27(2)fully operational, for an approved security camera system, for part 7B, see section 117E.def fully operational system sub 2017 SL No. 88 s 27GCRT ...def GCRT ins 2011 SL No. 187 s 5om 2014 SL No. 218 s 19(1)Gold Coast light rail means—(a)the light rail, shown on the map depicted in schedule 7A, known as the Gold Coast light rail; and(b)any other public transport infrastructure operated by, or under the control of, a light rail manager, or a light rail operator, for the Gold Coast light rail.
def Gold Coast light rail ins 2014 SL No. 218 s 19(2)heavy bus means a bus with a gross vehicle mass of more than 5t.holder ...def holder om 2013 SL No. 269 s 20(1)identification plate means an identification plate within the meaning of the Motor Vehicle Standards Act 1989 (Cwlth).def identification plate ins 2011 SL No. 287 s 11image recording, for part 7B, see section 117E.def image recording sub 2017 SL No. 88 s 27interim taxi driver display card means a card that—(a)is headed ‘Authorised Queensland Taxi Driver’; and(b)states ‘interim card only’; and(c)states an interim card number; and(d)states an expiry date; and(e)indicates that the card is issued by the Queensland Government.
def interim taxi driver display card ins 2010 SL No. 373 s 6interim transport authority means an interim transport authority issued under the Transport Planning and Coordination Act 1994.def interim transport authority ins 2010 SL No. 189 s 41itemised receipt ...def itemised receipt ins 2013 SL No. 269 s 20(2)om 2016 SL No. 161 s 35(1)licensed limousine, for part 7, division 4, see section 110.licensed taxi ...def licensed taxi om 2008 SL No. 351 s 18(1)light bus means a bus with a gross vehicle mass of not more than 5t.light rail platform means—(a)a place for the taking on and letting off of light rail vehicle passengers using the light rail route; and(b)a place, adjoining a place mentioned in paragraph (a), where a public passenger vehicle other than light rail vehicle takes on or lets off passengers.
def light rail platform ins 2014 SL No. 218 s 19(2)limousine operator, for part 7, division 4, see section 110.locally significant event service means a public passenger service—(a)operating in or near a local government area with a population of less than 2500 people according to the most recent estimated resident population for the area stated on the Australian Bureau of Statistics website; and(b)provided, free of charge, for carrying passengers to or from an event that is—(i)held no more than twice a year in or near the area; and(ii)open to attendance by the general public, either free of charge or on payment of an entry fee; and
Example for paragraph (b)—an annual show day(c)for which no more than 2 motor vehicles are available, at any time, to provide the service.
def locally significant event service ins 2012 SL No. 160 s 10long distance scheduled passenger service means a road-based general route service in which passengers are carried on an established route—(a)for an average distance of at least 40km; or(b)between non-adjoining service contract areas or routes.
def long distance scheduled passenger service ins 2008 SL No. 210 s 17(2)luxury car tax threshold, in schedules 4 and 4A, has the meaning given by the A New Tax System (Luxury Car Tax) Act 1999 (Cwlth).def luxury car tax threshold ins 2008 SL No. 351 s 18(2)manual card reader, for part 6, division 5, see section 94.def manual card reader ins 2007 SL No. 282 s 22(2)membership card, for part 6, division 5, see section 94.def membership card ins 2007 SL No. 282 s 22(2)motorbike see the Transport Operations (Road Use Management) Act 1995, schedule 4.def motorbike ins 2009 SL No. 231 s 14motor cycle means a 2-wheeled motor vehicle with either—(a)an engine cylinder capacity of more than 50ml; or(b)a maximum speed of more than 50km/h.
motor cycle and sidecar means a motor vehicle with 3 wheels asymmetrically in relation to the longitudinal median axis and with either—(a)an engine cylinder capacity of more than 50ml; or(b)a maximum speed of more than 50km/h.
motor tricycle means a motor vehicle with 3 wheels symmetrically arranged in relation to the longitudinal median axis with—(a)a gross vehicle mass of not more than 1t; and(b)either—(i)an engine cylinder capacity of more than 50ml; or(ii)a maximum speed of more than 50km/h.
motor vehicle ...def motor vehicle om 2006 Act No. 21 s 150(1) sch 1National Disability Insurance Scheme, for part 6, division 5, see section 94.def National Disability Insurance Scheme ins 2016 SL No. 13 s 7NDIS participant, for part 6, division 5, see section 94.def NDIS participant ins 2016 SL No. 13 s 7nominated vehicle fitted with a prescribed interlock see the Transport Operations (Road Use Management) Act 1995, schedule 4.def nominated vehicle fitted with a prescribed interlock ins 2012 SL No. 160 s 10NSW taxi ...def NSW taxi ins 2007 SL No. 200 s 14om 2012 SL No. 217 s 17off-road passenger vehicle ...def off-road passenger vehicle om 2006 Act No. 21 s 150(1) sch 1open licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.def open licence ins 2009 SL No. 231 s 14other public passenger service means a public passenger service other than any one of the following services—(a)an accommodation transfer service;(b)a community transport service;(c)a courtesy transport service;(d)a general route service or school service;(e)a limousine service;(f)a long distance scheduled passenger service;(g)a taxi service;(h)a tourist service;(i)a tourist transfer service;(j)an unscheduled long distance passenger service.
def other public passenger service amd 2014 SL No. 218 s 19(3)–(7)parent, of a student, means—(a)if the student is a child—a person who is the student’s parent as defined under the Education (General Provisions) Act 2006, section 10; or(b)if the student is an adult—a person who was the student’s parent as defined under the Education (General Provisions) Act 2006, section 10, immediately before the student stopped being a child.
def parent ins 2007 SL No. 200 s 14passenger car ...def passenger car om 2006 Act No. 21 s 150(1) sch 1passenger transport standard ...def passenger transport standard ins 2009 SL No. 231 s 14om 2011 SL No. 227 s 15(1)passenger vehicle ...def passenger vehicle om 2006 Act No. 21 s 150(1) sch 1people mover means a passenger car having at least 6 seating positions, including the driver’s position, that are not limited for use by reference to a person’s age or weight.def people mover ins 2014 SL No. 218 s 19(2)prescribed area means a taxi service area mentioned in schedule 2B.def prescribed area ins 2010 SL No. 373 s 6prescribed licence means—(a)an open licence, or a corresponding licence to an open licence; or(b)a restricted licence.
def prescribed licence ins 2009 SL No. 231 s 14prescribed medical certificate, for a person, means a certificate in the approved form from a doctor stating that the person meets the medical standards for licensing, commercial standards, stated in Assessing Fitness to Drive, part B published by Austroads Incorporated.Editor’s note—At the commencement of this definition, Assessing Fitness to Drive is available at <www.austroads.com.au>.def prescribed medical certificate ins 2008 SL No. 396 s 10prescribed operator means an operator who holds operator accreditation to operate a community transport service or courtesy transport service.probationary licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.def probationary licence ins 2009 SL No. 231 s 14properly fitted, for an approved security camera system, for part 7B, see section 117E.def properly fitted ins 2013 SL No. 269 s 20(2)sub 2017 SL No. 88 s 27provisional driver authorisation see section 22(1).provisional licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.def provisional licence ins 2009 SL No. 231 s 14provisional operator accreditation see section 7(1).rank and hail service means a public passenger service, provided by a motor vehicle, under which the vehicle—(a)is able, when not hired, to be hailed for hire by members of the public; or(b)plies or stands for hire on a road.
def rank and hail service ins 2016 SL No. 161 s 35(2)registration number see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, schedule 8.def registration number amd 2010 SL No. 191 s 133 sch 7regulated area, for part 9A, see section 133C.def regulated area ins 2014 SL No. 218 s 19(2)regulation notice means a written notice about a decision under this regulation that includes—(a)the decision and a statement of reasons for the decision; and(b)an information notice for the decision.Editor’s note—Information notice is defined in the Act.
relevant area ...def relevant area om 2008 SL No. 351 s 18(1)relevant person, for part 6, division 5, see section 94.relevant place, for an approved security camera system sign in or on a vehicle, for part 7B, see section 117E.def relevant place sub 2017 SL No. 88 s 27relevant security camera area, for part 7B, see section 117E.def relevant security camera area ins 2017 SL No. 88 s 27(2)relevant taxi service area ...def relevant taxi service area om 2017 SL No. 88 s 27(1)relevant vehicle means a vehicle providing a public passenger service for which driver authorisation is required.def relevant vehicle ins 2009 SL No. 231 s 14responsible person means—(a)for a busway or busway transport infrastructure—the chief executive; or(b)for light rail—(i)the chief executive; or(ii)a light rail manager or light rail operator for the light rail; or(iii)a contractor for a light rail manager or light rail operator for the light rail.
def responsible person ins 2014 SL No. 218 s 19(2)amd 2015 SL No. 119 s 7restricted licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.def restricted licence ins 2009 SL No. 231 s 14satisfied means reasonably satisfied.schedule 4 vehicle means a motor vehicle that is a luxury motor vehicle within the meaning of section 105(a).def schedule 4 vehicle sub 2008 SL No. 351 s 18school students means individuals under 18 years attending—(a)a State school within the meaning of the Education (General Provisions) Act 2006, schedule 4; or(b)a school that is provisionally accredited, or accredited, under the Education (Accreditation of Non-State Schools) Act 2001.
def school students amd 2006 SL No. 246 s 90(1) sch 1security recording, for part 7B, see section 117E.def security recording ins 2013 SL No. 269 s 20(2)sub 2017 SL No. 88 s 27smartcard transport authority see the Transport Planning and Coordination Act 1994, section 36G(1).def smartcard transport authority ins 2010 SL No. 189 s 41sound recording, for part 7B, see section 117E.def sound recording ins 2017 SL No. 88 s 27(2)substitute limousine, for part 7, division 4, see section 110.substitute limousine authority, for part 7, division 4, see section 111(1).substitute taxi see section 72.substitute taxi authority, for part 6, division 3, see section 72.taxi ...def taxi om 2017 SL No. 88 s 27(1)taxi driver display card, for a driver, means a card that—(a)is headed ‘Authorised Queensland Taxi Driver’; and(b)states the driver’s driver authorisation number; and(c)states an expiry date; and(d)contains a digital photo of the driver; and(e)indicates that the card is issued by the Queensland Government.
def taxi driver display card ins 2010 SL No. 373 s 6amd 2011 SL No. 227 s 15(2)–(3)taximeter ...def taximeter om 2012 SL No. 217 s 17taxi security camera system ....def taxi security camera system om 2017 SL No. 88 s 27(1)taxi subsidy scheme, for part 6, division 5, see section 94.taxi subsidy scheme information see section 94.def taxi subsidy scheme information ins 2007 SL No. 282 s 22(2)tourist service ...def tourist service ins 2008 SL No. 210 s 17(2)om 2014 SL No. 218 s 19(1)tourist transfer service means a public passenger service—(a)that operates between—(i)an accommodation house; and(ii)a tourist attraction or tourist service; and
(b)for which journeys are pre-booked before the time of travel.
def tourist transfer service ins 2008 SL No. 210 s 17(2)truck see the Transport Operations (Road Use Management) Act 1995, schedule 4.def truck ins 2009 SL No. 231 s 14vehicle security camera system, for part 7B, see section 117E.def vehicle security camera system ins 2017 SL No. 88 s 27(2)