PASSENGER TRANSPORT REGULATIONS 2009 - REG 7
PASSENGER TRANSPORT REGULATIONS 2009 - REG 7
7—Sections 27, 28 and 29 of Act not to apply in certain cases
(1) Section 27 of the
Act does not apply with respect to—
(a) a
transportation service operated by—
(i)
an administrative unit that is, under a Minister,
responsible for the administration of the
Education and Early Childhood Services (Registration and Standards)
Act 2011 , the Education Act 1972 or the
Children's Services Act 1985 ; or
(ii)
a registered school within the meaning of the
Education and Early Childhood Services (Registration and Standards)
Act 2011 (including, in the case of a Government school, a school council
constituted with respect to the school); or
(iii)
an approved provider under the Education and Care
Services National Law (South Australia) ; or
(iv)
a church or other form of religious organisation,
to carry school students or pre-school children; or
(b) a
transportation service operated by an institution that provides tertiary
education to carry students who attend that institution; or
(c) a
service that involves the use of a motor vehicle that is licensed by a council
to operate as a taxi (not being a taxi that requires a licence under
Part 6 of the Act) in an area that does not include a part of
Metropolitan Adelaide; or
(d) a
service consisting of the carriage of passengers by train or tram (including a
horse-drawn tram); or
(e) a
service provided as part of a Life Skills Development Program.
(2) However,
paragraph (c) of subregulation (1) does not apply in relation to an
area if the Minister has, by notice in the Gazette, determined that the area
will not be within the ambit of that paragraph.
(3) Paragraph (a) and
(b) of subregulation (1) operate subject to the condition that if a body
that falls within the ambit of either paragraph engages a volunteer driver who
does not hold an accreditation under section 28 of the Act by virtue of
subregulation (4)(b), then the body must ensure (through the
implementation of appropriate assessment procedures and on an on-going basis)
that the volunteer driver is of good repute and in all other respects a fit
and proper person to be the driver of a public passenger vehicle.
(4) Section 28 of the
Act does not apply—
(a) in
relation to a driver who is driving a public passenger vehicle for the
purposes of a service operated or provided by a person or body that falls
within the ambit of paragraph (d) or (e) of subregulation (1) (in a
circumstance referred to in 1 of those paragraphs); or
(b) in
relation to a volunteer driver who is driving a public passenger vehicle for
the purposes of—
(i)
a community transportation service; or
(ii)
a transportation service operated or provided by a body
that falls within the ambit of paragraph (a) or (b) of
subregulation (1) (in a circumstance referred to in 1 of those
paragraphs).
(5) Section 29 of the
Act does not apply with respect to a centralised booking service operated
wholly outside Metropolitan Adelaide.