PASSENGER TRANSPORT ACT 1990 - SECT 63 Regulations

PASSENGER TRANSPORT ACT 1990 - SECT 63

63 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may make provision for or with respect to the following--

(a) the prohibition or restriction of the use of public passenger vehicles on any specified road or road related area or any portion of a road or road related area, or within any specified area, either generally or within certain hours, and

(b) the sections, terminal points and stopping-places on bus or ferry routes, and

(d) the regulation or prohibition of eating, drinking or smoking in public passenger vehicles and on trains and other railway premises, and

(f) the prohibition of any person from touting or calling out or otherwise importuning any person to use a public passenger vehicle, and

(g) requirements as to service contracts, and authorities under this Act, including--

(i) their form, and the terms, conditions and particulars applying to them, and

(ii) forms and conditions to be observed when submitting applications or tenders for them, and

(iii) matters relating to their award, refusal, transfer, suspension, cancellation or surrender, and

(iv) conditions of service applicable to school bus services or in other special circumstances, and

(v) matters relating to the issue of driver authority cards to persons authorised to drive public passenger vehicles, including information to be displayed on the cards and the form and display of the cards, and

(h) the adjustment of payments and refunds in connection with contract fees, and

(i) the conduct of persons (including drivers) in or on public passenger vehicles, trains and other railway premises, and

(ia) prohibiting persons from travelling on, or attempting to travel on, a passenger transport vehicle or train without holding an appropriate ticket or other form of authority, and

(j) the powers and duties of drivers of public passenger vehicles or trains and of authorised officers, including (but not limited to) requiring the handing over of tickets and other authorities to travel for examination, and

(k) the authority of drivers of buses, other public passenger vehicles or trains, and of authorised officers, to eject persons guilty of any contravention of the regulations, and

(ka) the exclusion of persons, animals or freight from railways, and

(kb) trespass on railways, and

(l) the dress to be worn by the drivers of public passenger vehicles, and

(n) the taking up or setting down of passengers or other matters incidental to the transport of passengers on public passenger vehicles or trains, and

(o) the carriage of passengers' luggage or other goods, and animals, on public passenger vehicles or trains, and

(p) the regulation or prohibition of the carriage of passengers standing in or on any part of a public passenger vehicle or train, and

(q) the publication of fares or other arrangements for remuneration payable by passengers on public passenger vehicles, and

(q1) the issue of tickets or passes to passengers on regular passenger services, including--

(i) tickets or passes allowing travel by services or routes of different kinds or descriptions, and

(ii) tickets or passes allowing travel on a service provided by another service operator, and the apportionment of fares or other receipts derived from such travel, and

(r) the collection of fares or other remuneration, and the determination of maximum or minimum fares or rates of remuneration, payable for the carriage of passengers or of passengers' luggage or other goods by public passenger vehicles, and

(s) the remuneration of persons constituting a review panel, and

(t) the furnishing by accredited service operators of returns (verified as prescribed) containing information (including particulars of income and expenditure) necessary or convenient to be ascertained to enable any matter concerning a public passenger service (including its profitability) to be determined, and

(u) the furnishing by owners of public passenger vehicles of returns and other information, verified as prescribed, and

(v) the imposition of penalties for the failure, neglect or refusal by a passenger of a public passenger vehicle or train to pay the appropriate fare or for leaving the public passenger vehicle or railway premises before paying the appropriate fare, and

(w) the age of vehicles that may be used as public passenger vehicles, and

(x) the design, equipment and fittings (internal or external) of public passenger vehicles, and

(y) the more effective checking of time-tables and ensuring that buses or ferries are not withdrawn from the ordinary route for special service unless the approval of TfNSW is first obtained, and

(z) the compilation, publication and observance of time-tables, and

(aa) the custody and return of property left in public passenger vehicles or on trains or other railway premises, the payment of compensation for any such property and the disposal or sale of any such property not claimed and the time of any such disposal or sale, and

(bb) the regulation or prohibition of advertisements relating to public passenger vehicles or services, including advertisements displayed within or on the outside of public passenger vehicles, and

(cc) the declaration of the speed not to be exceeded by buses whether generally or in any specified locality or on any specified road or road related area or part of a road or road related area, and

(dd) the exhibition in or on any public passenger vehicle of such notices in the public interest as TfNSW considers necessary, and

(ee) the erection and display of signs and notices for the guidance of the drivers of public passenger vehicles or trains and the public, and

(ff) the records and accounts to be kept by holders of service contracts and the holders of provisional authorities and the manner of keeping them, and

(gg) the records to be kept by the drivers and owners of public passenger vehicles and by accredited service operators, the manner of keeping those records and their inspection, and

(hh) the sale of tickets and other types of authority to travel on public passenger vehicles or trains and the conditions under which tickets and such types of authority must be sold, and

(ii) the granting of free or concession passes for travel on public passenger vehicles or trains, and

(jj) the terms and conditions to which tickets, smartcards and other authorities to travel on public passenger vehicles or trains are subject, and

(kk) the use of smartcards and smartcard readers and the testing and certification of smartcard readers, and

(ll) without limiting paragraph (kk), the admission of information obtained by smartcard readers, and of certificates relating to that information and to the testing of smartcard readers, as evidence (including conclusive evidence) in legal proceedings relating to an offence against the regulations, and

(mm) generally as to the regulation and control of public passenger vehicles and trains, their drivers and passengers, railway premises and persons on railway premises.

(3) The regulations may exempt, or provide for the exemption (either absolutely or subject to conditions) of, any person, vehicle, train, public passenger service or rail passenger service or any class of persons, vehicles, trains, public passenger services or rail passenger services from all or any of the provisions of this Act.

(4) The regulations may create offences punishable by a penalty not exceeding 50 penalty units.

(5) The regulations may apply, adopt or incorporate (with or without changes) any publication as in force at a particular time or as in force from time to time.

(6) To the extent that this section enables provision to be made by regulation for or with respect to any matter in relation to a road or road related area, the regulations may also make provision for or with respect to that matter in relation to a transitway route that proceeds along thoroughfares that do not, or do not entirely, consist of roads or road related areas.