Queensland Consolidated Regulations

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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) REGULATION 2005 


TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Definitions

           Part 2--Operator accreditation

           Division 1--Preliminary

   4.      Purpose of pt 2

           Division 2--Provisions for applications and other matters

   5.      Application for grant or renewal of operator accreditation
   6.      Deciding application
   7.      Provisional operator accreditation—Act, s 18
   8.      Refusal of operator accreditation—Act, s 17
   9.      Term of operator accreditation
   10.     Renewal notices
   11.     Amendment, suspension and cancellation of operator accreditation—Act, s 20
   12.     Immediate suspension of operator accreditation—Act, s 20
   13.     Further action after immediate suspension
   14.     Return of evidence of operator accreditation if cancelled, suspended or amended
   15.     Other amendments of operator accreditation

           Division 3--Miscellaneous matters relevant to operator accreditation

   16.     Notifying disqualifying offences
   17.     Requirement for operator accreditation—public passenger services to which the Act, s 12 does not apply
   18.     Delegation of powers relating to operator accreditation

           Part 3--Driver authorisation

           Division 1--Preliminary

   19.     Purpose of pt 3

           Division 2--Provisions for applications and other matters

   20.     Application for grant or renewal of driver authorisation
   21.     Deciding application
   22.     Provisional driver authorisation—Act, s 30
   23.     Conditions on driver authorisation—Act, s 32
   24.     Refusal of driver authorisation—Act, s 29
   25.     Term of driver authorisation
   26.     Renewal notices
   27.     Restricted driver authorisation—Act, s 29A
   28.     Amendment, suspension and cancellation of driver authorisation—Act, s 32
   29.     Notice about amendment, suspension and cancellation of driver authorisation
   30.     Immediate amendment and suspension of driver authorisation—Act, s 32
   31.     Notice about immediate amendment or suspension
   32.     Further action after immediate amendment or suspension
   33.     Category B driver disqualifying offences—exclusion action
   34.     Category B driver disqualifying offences—exceptional case
   35.     Return of document evidencing driver authorisation if amended
   36.     Return of evidence of driver authorisation if cancelled or suspended
   37.     Relationship between driver licence and driver authorisation
   38.     Other amendments of driver authorisation
   39.     Notifying operator of amendment, suspension or cancellation of driver authorisation

           Division 3--Miscellaneous matters relevant to driver authorisation

   40.     Notifying or informing—Act, ss 31, 33, 34 or 35
   41.     Requirement to prove fitness
   42.     Requirement for driver authorisation—public passenger services to which the Act, s 24 does not apply
   43.     Delegation of powers relating to driver authorisation

           Part 4--Market entry restrictions

   44.     Purpose of pt 4
   45.     Market entry restrictions—Act, s 36

           Part 5--Service contracts

   46.     Purpose of pt 5
   47.     Matters to be considered—Act, s 59(2)(e)
   48.     Matters to be considered or not considered by arbitrator in deciding amount of compensation
   49.     Matters to be considered—Act, s 62AAE(2)(d)
   50.     Service contracts required for administration of taxi

           Part 6--Taxi services provided under taxi service licence

           Division 1--Preliminary

   52.     Purpose of pt 6
   52A.    Application of pt 6
   53.     Limitation on number of taxi service licences held by single operator and associates—Act, s 78
   54.     Transfer, lease or surrender of taxi service licences—Act, s 76
   55.     Amendment, suspension and cancellation of taxi service licences—Act, ss 75(1) and 79
   56.     Notice about amendment, suspension and cancellation of taxi service licences
   57.     Immediate suspension of taxi service licences—Act, s 79
   58.     Further action after immediate suspension
   59.     Return of taxi service licence if amended, suspended or cancelled
   60.     Other amendments of taxi service licences
   60A.    Taxi service areas for taxi industry security levy—Act, s 80A

           Division 2--Operation of taxi services and taxis generally

   61.     Advertising taxi service
   62.     Accepting hirings
   62A.    Requirements about access to continuously operating booking service
   63.     Fares and charges for taxis
   64.     Requirements relating to taximeters
   65.     Operation of taximeter by taxi driver
   66.     Multiple hiring
   67.     Maximum age limits for taxis
   68.     Control of doors of taxi
   69.     Air conditioning in taxis
   70.     Vehicle not to look like taxi unless licensed

           Division 3--Substitute taxis

   71.     Purpose of div 3
   72.     Definitions for div 3
   73.     Application for grant of substitute taxi authority
   74.     Deciding application
   75.     Circumstances when substitute taxi may be used
   76.     Consequence of noncompliance with a condition
   77.     Cancellation of substitute taxi authority
   78.     Requirements for the use of a substitute taxi
   79.     Records to be kept when vehicle used as a substitute taxi
   80.     When vehicle not used as a substitute taxi

           Division 4--Taxi security camera systems

   81.     Definitions for div 4
   82.     Obligation on holder of taxi service licence
   83.     Obligation on operator of taxi service
   84.     Obligation on driver of taxi
   85.     Holder of licence may give chief executive notice that approved taxi security camera system not operational
   86.     Chief executive may approve specifications for taxi security camera system
   87.     Chief executive may approve taxi security camera system
   88.     Taxi not to be fitted with taxi security camera system that has not been approved
   89.     Approval of signs
   90.     Person must not tamper with an approved taxi security camera system
   91.     Use of image recordings from approved taxi security camera system
   92.     Security safeguards to be taken to protect against unauthorised use of image recording
   93.     Disposal of image recordings

           Division 5--Taxi subsidy scheme
           Subdivision 1--Definitions

   94.     Definitions for div 5
           Subdivision 2--Membership of taxi subsidy scheme
   95.     Application for, and grant or refusal of, assistance under taxi subsidy scheme
   96.     Chief executive may cancel assistance under taxi subsidy scheme
   96AA.   Production of membership card to receive benefit
           Subdivision 3--Obligations on all persons
   96AB.   Disclosure or use of taxi subsidy scheme information
   96AC.   Misusing, or tampering with, membership card or approved card reader
           Subdivision 4--Obligations on holder of taxi service licence or substitute taxi authority
   96AD.   Ensuring approved card reader is fitted
   96AE.   Ensuring approved card reader appears to be working when making taxi or substitute taxi available under lease or contract
           Subdivision 5--Obligations on operator
   96AF.   Ensuring approved card reader appears to be working when taxi is made available to driver
   96AG.   Ensuring approved card reader interfaces with taximeter and is kept connected
   96AH.   Manual card reader to be carried in taxi
           Subdivision 6--Obligations on taxi driver
   96AI.   Driver authorisation number to be entered
   96AJ.   How approved card reader must be used
   96AK.   When manual card reader must be used
   96AL.   When manual card reader must not be used
   96AM.   Driver to compare photograph and not to hire taxi to particular person
   96AN.   Driver of taxi must not refuse hiring by approved relevant person

           Part 6A--Taxi services provided other than under taxi service licence

   96A.    Services for which taxi service licence not required
   96B.    Requirement to carry licence for NSW taxi
   96C.    Cross-border taxi ranks

           Part 7--Limousine services

           Division 1--Preliminary

   97.     Purpose of pt 7

           Division 2--Limousine service licences

   98.     Transfer, lease or surrender of limousine service licences—Act, s 89
   99.     Amendment, suspension and cancellation of limousine service licences—Act, ss 88(1) and 91
   100.    Notice about amendment, suspension and cancellation of limousine service licences
   101.    Immediate suspension of limousine service licences—Act, s 91
   102.    Further action after immediate suspension
   103.    Return of limousine service licence if amended, suspended or cancelled
   104.    Other amendments of limousine service licences

           Division 3--Operation of limousine services

   105.    Luxury motor vehicles—Act, sch 3, def luxury motor vehicle, paragraph (a)
   106.    Advertising limousine service
   107.    Issue of limousine service licences
   108.    Limousine hiring

           Division 4--Substitute limousines

   109.    Purpose of div 4
   110.    Definitions for div 4
   111.    Application for grant of substitute limousine authority
   112.    Deciding application
   113.    Circumstances when substitute limousine may be used
   114.    Consequence of noncompliance with a condition
   115.    Cancellation of substitute limousine authority
   116.    Requirements for the use of a substitute limousine
   117.    Records to be kept when vehicle used as a substitute limousine

           Part 8--Obligations of operators

   118.    Equipment for vehicles
   119.    Advertising on public passenger vehicles
   120.    Accreditation evidence and accreditation certificates
   121.    Presenting vehicles for inspection
   122.    Providing safe vehicles
   123.    Requirement for authority to enter
   124.    Record to be kept of each use of vehicle to provide public passenger service
   125.    Records prescribed operators must keep about drivers
   126.    Prescribed operator must notify chief executive if restricted driver authorisation granted, amended or cancelled
   126A.   Air conditioning in buses—obligations of operator

           Part 9--Rights and obligations of passengers and drivers

   127.    Application of pt 9
   128.    Smoking, and consumption of food or beverages, on public passenger vehicle
   129.    Carrying animals
   130.    Identification of drivers
   131.    Dress of drivers
   132.    Help to passengers
   133.    Drivers of motorcycles
   133A.   Air conditioning in buses—obligations of driver

           Part 10--Review of, and appeals against, decisions not provided for under Act, chapter 10

   134.    Review of decisions

           Part 11--General

   135.    Disqualifying offences—Act, sch 3, def disqualifying offence, para (e)
   135A.   Forward-control passenger vehicle—Act, sch 3, def forward-control passenger vehicle
   136.    Services excluded from passenger services—Act, sch 3, def public passenger service
   137.    Public passenger vehicles—Act, sch 3, def public passenger vehicle
   138.    Transport arrangements for students
   139.    Code of conduct for school students
   140.    Local conveyance committees
   141.    Soliciting or touting
   142.    Records to be maintained
   143.    Change of name and address
   144.    Operation of Brisbane Airport Rail Link
   145.    Fees and levy
   145A.   Refund of fee for application for driver authorisation other than for a taxi or limousine
   145B.   Refund of additional application fee
   146.    Approval of forms

           Part 12--Transitional provisions

           Division 1--Transitional provisions for Transport Operations (Passenger Transport) Regulation 2005

   147.    Definitions for div 1
   148.    Reference in relevant notice to disqualifying offence is reference to driver disqualifying offence
   149.    Things done under repealed regulation
   150.    Circumstances, after commencement, in which repealed regulation applies to outstanding relevant application
   151.    Circumstances where repealed regulation applies to application for review of original decision
   152.    Approved taxi security camera systems in relevant areas
   153.    Application of repealed s 33
   154.    Section 62B guidelines
   157.    References to repealed regulation
   158.    Application of Acts Interpretation Act 1954

           Division 2--Transitional provision for Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007

   158A.   Operators of taxi services—obligations about approved card readers

           Division 3--Transitional provision for Transport Operations (TransLink Transit Authority) Regulation 2008

   158B.   Existing contracts for commercial scheduled services

           Part 13--Repeal

   159.    Repeal of Transport Operations (Passenger Transport) Regulation 1994
           SCHEDULE 1 MARKET ENTRY RESTRICTIONS
           SCHEDULE 2A TAXI SERVICE AREAS FOR TAXI INDUSTRY SECURITY LEVY
           SCHEDULE 3 RELEVANT TAXI SERVICE AREAS FOR APPROVED TAXI SECURITY CAMERA SYSTEMS
           SCHEDULE 4 LUXURY MOTOR VEHICLES
           SCHEDULE 5 EQUIPMENT FOR VEHICLES
           1. Off-road passenger vehicles operating tourist services
   2.      Taxis
           SCHEDULE 6 ACCREDITATION EVIDENCE
           1. Buses, forward control vehicles or off-road tour vehicles
   2.      Taxis and passenger cars other than NSW taxis providing cross-border taxi service and limousines
   2A.     NSW taxis providing cross-border taxi service
   3.      Limousines
   4.      Motor cycles, motor tricycles and motor cycles with sidecars
           SCHEDULE 7 REVIEW AND APPEALS AGAINST DECISIONS
           SCHEDULE 8 PUBLIC PASSENGER VEHICLES
           SCHEDULE 9 FEES AND LEVY
           SCHEDULE 11 DICTIONARY
           Endnotes

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