New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990 - SECT 3

3 Definitions

(1) In this Act:
"accredited service operator", in relation to a public passenger service, means a person accredited under Division 1 of Part 2 for a service of that kind (or for services that include such a service).
"authorised officer" means an authorised officer appointed under section 46W.
"Board of Inquiry" means a Board of Inquiry constituted by the Minister under section 46BC.
"bus" means a motor vehicle which seats more than 8 adult persons, and includes a vehicle of any class prescribed by the regulations for the purposes of this definition.
"bus safety work" means any of the following classes of work:

(a) work relating to the driving or other operation of a bus, the loading or disembarking of passengers from a bus or the movement of buses,

(b) work relating to the repair, maintenance or upgrading of buses, bus terminals or bus maintenance facilities,

(c) work involving the development, management or monitoring of safe working systems for public passenger services carried on by means of buses,

(d) any other work that is prescribed by the regulations as bus safety work.

"bus service contract region" means a region declared (and as varied from time to time) by the Director-General under section 28EA.
"charter service" means a public passenger service in which a bus or ferry or another vehicle prescribed by the regulations, and the services of a driver of the vehicle, are pre-booked for hire to take passengers for an agreed fee, but only if, according to the terms of the hire:

(a) the hirer is entitled to determine the route for the journey and the time of travel, and

(b) all passengers’ journeys have a common origin or a common destination, or both, and

(c) individual fares are not payable by the passengers (either to the operator of the service or to the driver of the vehicle), and

(d) service is not provided according to regular routes and timetables.

"Chief Investigator" means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45 of the Transport Administration Act 1988 .
"corporation" means any incorporated body of the kind referred to in section 5A (1) (c).
"Department" means the Ministry of Transport.
"Director-General" means the Director-General of the Department.
"driver" means a person who drives any public passenger vehicle (or, where the vehicle is a vessel, means the master for the time being of the vessel).
"emergency route" means a route determined under section 28H.
"ferry" means a vessel which seats more than 8 adult persons, and includes a vessel of any class prescribed by the regulations for the purposes of this definition.
"ferry safety work" means any of the following classes of work:

(a) work relating to the driving or other operation of a ferry (including, but not limited to, the course, propulsion or berthing of a ferry), the loading or disembarking of passengers from a ferry or the movement of ferries,

(b) work relating to the repair, maintenance or upgrading of ferries, ferry terminals, ferry wharves or ferry maintenance facilities,

(c) work involving the development, management or monitoring of safe working systems for public passenger services carried on by means of ferries,

(d) any other work that is prescribed by the regulations as ferry safety work.

"ferry service contract" -see section 16AA.
"holder", in relation to a service contract, means the person who (apart from the Director-General) is a party to the contract.
"licence" means a licence (including a short-term licence) for a taxi-cab, or a licence for a private hire vehicle, in force under this Act.
"long-distance service" means a public passenger service conducted according to one or more regular routes, in which each passenger is carried for a distance of not less than 40 kilometres.
"Maritime Authority" means the Maritime Authority of NSW constituted under Part 4 of the Ports and Maritime Administration Act 1995 .
"passenger" does not include the driver of a public passenger vehicle (or, where the vehicle is a vessel, the master or crew of the vessel).
"previous offender", in relation to the maximum penalty for an offence, means a person who has, at any time before being sentenced for that offence, been convicted of an offence of any kind against this Act or the regulations.
"private hire vehicle" means a motor vehicle (other than a bus or taxi-cab) which is used to provide a public passenger service (other than a regular passenger service, a long-distance service, a charter service or a tourist service).
"public passenger service" means the carriage of passengers for a fare or other consideration:

(a) by motor vehicle (other than a light rail vehicle) along a road or road related area, or along the whole or part of a transitway route, or

(b) by vessel within any New South Wales waterway.

"public passenger vehicle" means:

(a) a bus used to provide a public passenger service, or

(b) a ferry used to provide a regular passenger service, or

(c) a taxi-cab or private hire vehicle, or

(d) a vehicle declared by a regulation under section 6 to be a public passenger vehicle.

"rail passenger service" means the carriage of passengers for a fare or other consideration by rail, but does not include any rail passenger service of a class prescribed for the purposes of this definition.
"rail services contract" means a contract entered into under section 28K.
"regular bus service" means any regular passenger service conducted by bus (including any transitway service).
"regular ferry service" means any regular passenger service conducted by ferry, but does not include any service of a class prescribed for the purposes of this definition.
"regular passenger service" means a public passenger service conducted according to regular routes and timetables, but does not include a tourist service or a long-distance service.
"regulator" means:

(a) in relation to a public passenger service carried on by means of a ferry-the Maritime Authority, and

(b) in relation to a public passenger service carried on otherwise than by means of a ferry-the Director-General.

"road" means a road within the meaning of the Road Transport (General) Act 2005 (other than a road that is the subject of a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).
"road related area" means a road related area within the meaning of the Road Transport (General) Act 2005 (other than a road related area that is the subject of a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).
"service contract" means a contract entered into under Part 3.
"service levels" means:

(a) the periods of time during which services are to be operated, and

(b) the frequency and extent of operation of services during any specified period of time.

"strategic transport corridor" means a transport corridor declared (and as varied from time to time) by the Director-General under section 28EB.
"taxi-cab" means a motor vehicle:

(a) which is used to provide a public passenger service (other than a regular passenger service, a long-distance service, a charter service or a tourist service), and

(b) which, for the purpose of procuring passengers, is made to ply or stand for hire in a road or road related area.

"tourist service" means a public passenger service provided by a bus or ferry or another vehicle prescribed by the regulations, being:

(a) a pre-booked service designed for the carriage of tourists to destinations listed on a publicly available tour itinerary, or

(b) a service designed for the carriage of tourists where all passengers’ journeys have a common origin or a common destination, or both.

"transitway route" means a route determined (and as varied from time to time) under Subdivision 3 of Division 3 of Part 3, other than an emergency route.
"transitway service" means a regular passenger service conducted by bus by means of a transitway route or emergency route, or one or more parts of any such route.
"transport safety employee" means:

(a) an employee or a contractor of an accredited service operator, or of an operator of a public passenger service carried on by means of a ferry, who performs transport safety work, or

(b) a person who, without remuneration or reward, voluntarily and without obligation performs transport safety work for an accredited service operator, or an operator of a public passenger service carried on by means of a ferry, or

(c) an individual who is an accredited service operator, or an operator of a public passenger service carried on by means of a ferry, and who performs transport safety work.

"transport safety inquiry" has the same meaning that it has in section 46BC.
"transport safety work" means bus safety work or ferry safety work, as the case requires.
"vehicle" includes a vessel.

(2) Notes in the text of this Act do not form part of this Act.