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ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) AMENDMENT BILL 2005
2005
THE
LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN
CAPITAL
TERRITORY
ROAD
TRANSPORT (PUBLIC PASSENGER SERVICES)
AMENDMENT BILL
2005
EXPLANATORY
STATEMENT
Circulated by authority
of
John
Hargreaves
Minister for Urban
Services
AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT
(PUBLIC PASSENGER SERVICES) AMENDMENT BILL
2005
EXPLANATORY
STATEMENT
OVERVIEW
The Road Transport (Public Passenger Services)
Amendment Bill 2005 (the Amendment Bill) provides for an Act to amend the
Road Transport (Public Passenger Services) Act
2001.
The main features of the Amendment
Bill are:
• the introduction of a new
category of public passenger service, ie demand responsive
services;
• a requirement for demand
responsive services to be authorised by the
Minister;
• a requirement for demand
responsive service operators to hold
accreditation;
• a requirement for demand
responsive service operators to hold a service contract for the service;
and
• a requirement for minimum fares for
demand responsive services to be determined by the
Minister.
The objective of the Amendment Bill
is to ensure the effective regulation of flexible, demand responsive, multi-hire
public passenger services.
The Road
Transport (Public Passenger Services) Act 2001 provides for Regulations to
apply to two kinds of bus services, regular route services, and tour and charter
services, as well as taxi and hire car services. Flexible, demand responsive,
multi-hire public passenger services do not fall into any of these categories.
The introduction of this new category of
public passenger service represents a change from the existing mode-based
approach to regulation of the industry to a more service based approach. Unlike
bus, hire car and taxi services, demand responsive services may use a range of
passenger vehicle types and the main defining feature of the category is the
nature of the service provided.
Demand
responsive services are usually niche services that meet public transport needs
at certain locations or times, or for particular groups of people. Unlike
regular route bus services and taxi services, demand responsive services do not
attempt to provide a universal service, available to all, throughout the day.
However, demand responsive services have some characteristics in common with
regular route buses and taxis. For example, demand responsive service
passengers share the vehicle with other passengers, as is the case for regular
route bus passengers. On the other hand, a demand responsive service typically
uses a booking service, consistent with requirements for taxis. The costs of
demand responsive services are generally lower than taxi services but higher
than regular route bus services.
Demand
responsive services differ from tour and charter bus services and hire car
services in that they may be authorised to stand for hire in certain
circumstances, and the hirer does not have exclusive use of the
vehicle.
Strict Liability Offences
The new offence contained in section 91 (Operating
demand responsive services without entitlement) is a strict liability offence.
The offence is applied in the interests of public safety. A fault element is
not considered to be necessary for this offence as a defendant could be
reasonably be expected to know that public passenger services are regulated and
may only be provided within the legal framework.
The new offence contained in section 85 (Use
of vehicle for demand responsive services) is a strict liability offence. A
fault element is not considered to be necessary for this offence as a defendant
could reasonably be expected, because of his or her professional involvement, to
know the requirements of the law.
The new
offences contained in sections 86 (Representing vehicle as demand responsive
service vehicle) and 92 (Representing entitlement to operate demand responsive
service) contain elements to which strict liability applies. The elements are
that the vehicle is not a demand responsive vehicle (section 86(1)(c) and that
the person is not entitled to operate the demand responsive service (section
92(1)(c). A defendant could reasonably be expected to know that the vehicle was
not a demand responsive vehicle, and, in the case of section 92(1)(c) to know
that he/she was not entitled to operate a demand responsive service.
DETAIL
Section 1 is a formal provision that sets out the
name of the Act, the Road Transport (Public Passenger Services) Amendment Act
2005.
Section 2 specifies that the
amendment Act commences on a day fixed by the
Minister.
Section 3 notes that the
amendment Act amends the Road Transport (Public Passenger Services) Act
2001.
Section 4 inserts a new dot
point in section 4A, note 1, indicating that the Criminal Code, Ch 2 applies to
new s 85 (Use of vehicles for demand responsive services), s 86 (Representing
vehicle as demand responsive service vehicle), s 91 (Operating demand responsive
service without entitlement), and s 92 (Representing entitlement to operate
demand responsive service).
Section 5
inserts a new section 5 (ba) listing administering demand responsive service
authorisations as a new function of the
RTA.
Section 6 inserts a new section 5
(ca) requiring the RTA to keep a register of demand responsive
services.
Section 7 inserts a
requirement in section 5 (d) for the RTA to provide information on authorised
demand responsive services.
Section 8
substitutes a new section 6 heading to add demand responsive service
authorisations to the heading.
Section 9
inserts new dot points in the note for section 6 (1), adding demand responsive
service authorisations and accredited demand responsive service operators
registers as registers to which section 6
applies.
Section 10 amends section 7 to
refer to registers under the Act, rather than naming each particular
register.
Section 11 inserts a new
section 9 clarifying that a person can hold any combination of accreditations,
authorisations and licences under the
Act.
Section 12 amends the meaning of
bus service at section 11 to exclude demand responsive
services.
Section 13 inserts a new
heading to clarify that section 17 refers to service contracts for regular route
services.
Section 14 amends the meaning
of taxi at section 45 to exclude a vehicle that is being used to operate a
demand responsive service.
Section 15
amends the meaning of restricted taxi at section 46 to exclude a vehicle that is
being used to operate a demand responsive
service.
Section 16 amends the meaning
of hire car at section 67 to exclude a vehicle that is being used to operate a
demand responsive service.
Section 17
amends the meaning of restricted hire car at section 68 to exclude a vehicle
that is being used to operate a demand responsive
service.
Section 18
introduces New Part 8 Demand responsive
services
Division 8.1 Basic
concepts
New Section 80 provides
that the meaning of “demand responsive service” is a public
passenger service operated under an authorisation by the RTA. This new kind of
public passenger service is not a default category for a service that is not a
bus, taxi or hire car service. To be a demand responsive service, a public
passenger service must be the subject of an authorisation under this
Part.
New Section 81 provides that the meaning
of “demand responsive service vehicle” is a motor vehicle used in
accordance with a demand responsive service authorisation to operate the demand
responsive service.
Division 8.2
Authorisation to operate demand responsive
services
New Section 82 requires the
Minister to take into account the guidelines (at section 83) when assessing
applications for authorisation as a demand responsive
service.
An authorisation may exempt a person
or a vehicle from the requirements of the Act or a provision of the Act. An
authorisation is a disallowable instrument. This will ensure that the rules
applying to each demand responsive service are contained in one document,
accessible to all interested parties.
New
Section 83 provides that the Minister may approve the guidelines for granting an
authorisation. The guidelines may refer to matters such as the hours of
operation of services, the routes or area where services may operate, the kinds
of passengers that would use the service, and how passengers may access the
services.
The guidelines may also make
provision in relation to the types of vehicles that may be used to provide the
service.
Section 83 requires that the
guidelines specify that the Minister must not authorise a demand responsive
service if it would adversely affect the viability of an existing regular route
bus service. These services provide low cost, comprehensive services available
to all and should not be compromised by demand responsive
services.
The guidelines are a disallowable
instrument. They will provide assistance to industry in identifying the types
of services that may be authorised.
New
Section 84 provides for regulations for authorisations to operate demand
responsive services and provides examples of the types of provisions that may be
included. The examples include the term of the authorisation, conditions that
may be attached to the authorisation and the disciplinary action that the Road
Transport Authority (RTA) may take in relation to an
authorisation.
A note to the section clarifies
that the examples are not exhaustive.
New
Section 85 provides an offence provision of using a vehicle for a
demand responsive service if that vehicle has not been authorised for the
service.
An offence against this section is a
strict liability offence.
New Section 86
provides that it is an offence for a person to represent that a vehicle is a
demand responsive service vehicle, and be reckless about whether the person
represents, by their conduct, that the vehicle is a demand responsive service
vehicle, if the vehicle is not a demand responsive service vehicle. Strict
liability relates to one element of the offence only, ie that the vehicle is not
a demand responsive service vehicle. The other elements of the offence contain
fault elements of intention and
recklessness.
Parallel existing offences
relating to other public passenger services are proposed to be harmonised as
part of the Criminal Code harmonisation
process.
Division 8.3 Accreditation of
demand responsive service operators
New
Section 87 provides the purposes of accreditation which include ensuring that a
person has the financial capacity to carry out the requirements of the service
standards, that the people involved in the service are suitable, that the people
involved in the service are capable of meeting passenger safety requirements and
the requirements for vehicle maintenance.
New
Section 88 provides for regulations for the accreditation system and provides
examples of what types of provisions may be included in the regulation. These
examples include the kind of accreditation and conditions attached to the
accreditation.
The accreditation regulations
may also refer to the approval, refusal or surrender of accreditations and what
actions can be taken by the RTA, such as suspension or cancellation of an
accreditation.
The regulation may also provide
criteria for assessing applicants for accreditation including that the applicant
and other people concerned with the service are suitable, that the applicant can
demonstrate a capacity to comply with the service standards, and that the
applicant has the financial capacity to provide the
service.
The accreditation regime for demand
responsive operators will be consistent with the existing accreditation regimes
for the operators of bus, taxi, and hire car
services.
Division 8.4 Service contracts
for demand responsive services
New Section
89 provides that the RTA may enter into a service contract with the operator of
a demand responsive service.
The service
contract must state whether the operator is given an exclusive right to operate
a service along a certain route or in a particular area.
Section 89 (3) provides examples of the
matters that may be included in a service contract for the operation of a demand
responsive service and how the contract is administered. The examples include
the service requirement details, whether a booking system will be used, and
whether the contract may be transferred, suspended, cancelled or surrendered.
The contract may also deal with fees and penalties for breaches of the contract
and how records are to be made and kept. Other examples include how the fares
are collected, how tickets may be sold, and whether there is any free or
concessional travel.
Division 8.5
Entitlement to operate demand responsive
services
New Section 90 sets out the
requirements for a person operating a demand responsive service. The person
must hold an authorisation, have a service contract with the RTA, and be
accredited as a demand responsive service
operator.
New Section 91 provides that a person
commits an offence if they operate a demand responsive service and they are not
entitled to under section 90.
An offence
against this section is a strict liability
offence.
Section 91 (3) provides that if a
contact is varied or terminated, and the RTA has agreed to a temporary demand
responsive service without a service contract, the requirement in section 90 for
a service contract does not apply.
New Section
92 provides that it is an offence for a person to represent that they are
entitled to operate a demand responsive service and be reckless about whether
they, by their conduct, represent that they are entitled to operate a demand
responsive service, if they are not entitled to operate a demand responsive
service vehicle. Strict liability relates to one element of the offence only,
ie that the person is not entitled to operate a demand responsive service
vehicle. The other elements of the offence contain fault elements of intention
and recklessness.
Division 8.6 Regulation of demand
responsive services
New Section 93 requires the Minister to
determine minimum fares or ways of calculating minimum fares for demand
responsive services.
A determination is a
disallowable instrument.
New Section 94
provides for regulations about the operation of demand responsive services and
provides examples of the types of provisions that may be included. The examples
include the supervision of drivers, the safety of passengers, the qualification
and training of the drivers and other people involved in the services, and
maximum driving times and minimum rest times. Other examples include requiring
insurance, how tickets are issued, and requiring systems to monitor customer
complaints and manage lost property.
Other
matters that may be included in regulations are: the publication of timetables
or other information about the service, the driver’s obligations, vehicle
equipment, cleaning and service of vehicles, maintenance facilities, record
keeping and auditing of records, display of authorisation numbers, and the
provision of information and reports.
New
Section 95 provides for regulations about the operation of demand
responsive service vehicles and provides examples of what types of provisions
may be included. These examples include the use of the service by people
including the payment of fares, where the services can operate, how passengers
are picked up and dropped off, record keeping, the transport of luggage and
animals, and passengers not being allowed to stand if the service is a bus.
Other examples include, maximum speeds, payment of fares, vehicle equipment, the
use of various parking zones, signage on the vehicle, use of decal signs and
livery, and drivers dress standards.
New
Section 96 provides for regulations about the drivers of demand responsive
vehicles and provides examples of what types of provisions may be included.
These examples include the conduct and duties of drivers, training requirements
and dress codes.
New Section 97 provides
for regulations about the conduct of passengers of demand responsive vehicles
and provides examples of what types of provisions may be included. These
examples include eating and drinking in demand responsive vehicles, and the
removal of passengers from a service.
Part 9
Miscellaneous
Existing Part 8 Miscellaneous is moved to New Part
9, to allow for the inserting of the demand responsive provisions under new Part
8.
Section 125 replaces existing section 80,
with a minor change in that Note 1 includes a new dot point for s 90 (demand
responsive vehicles) in relation to the sections of the Act that refer to
entitlement to operate public passenger
services.
Section 126 combines and replaces
existing sections 81, 82 and 83.
Section 127
replaces existing section 84, and is
unchanged.
Section 128 replaces existing
section 85, and is unchanged.
Section 129
replaces existing section 86, and is
unchanged.
Section 19 inserts new
definitions for accredited demand responsive service operator, authorisation,
authorised demand responsive service operator, demand responsive service, and
demand responsive service vehicle.
Section
20 amends the definition of public passenger vehicle to include demand
responsive service vehicle.
Section 21
amends the definition of a service contract to include demand responsive
services with a reference to section
89.
Schedule 1 Road Transport (Public
Passenger Services) Act 2001 – other
amendments
Section (1.1) replaces
section 24 (a) (1) to make the example relating to the safety of bus passengers
consistent with the corresponding ‘safety of passengers’ example for
hire cars and demand responsive services, ie by adding “including, for
example, by the use of particular kinds of security
devices”.
Section (1.2) amends
section 25 (c) by removing “by driver” from the example so it
applies to any person keeping records about the
service.
Section (1.3) amends section 25
(e) to simplify the language used by replacing “transportation” with
“transport”.
Section (1.4)
removes from section 56 (c) “operated by an accredited taxi
operator” which is
superfluous.
Section (1.5) amends
section 56 (d) by adding “by the use of” to make the example
relating to the safety of taxi passengers consistent with the ‘safety of
passengers’ examples for bus, hire car, and demand responsive
services.
Section (1.6) removes from
section 76 (a) “operated by an accredited hire car service operator”
which is superfluous.
Section (1.7)
amends section 76 (b) by adding “by the use of” to make the example
relating to the safety of hire car passengers consistent with the corresponding
examples for bus, taxi, and demand responsive
services.
Section (1.8) amends section
77(i) by removing “by driver” from the example so it applies to any
person keeping records about the
service.
Section (1.9) Other amendments,
amends sections 16, 31, 44, 50, 66 and 72 to clarify that the Minister may make
regulations. This is consistent with other provisions for making regulations
such as sections 24, 25, 26, 27, 35, 36, 56, 57 and 76.
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