Passenger Transport Act 2014 (NSW)

Passenger Transport Act 2014 No 46

An Act with respect to passenger transport services; and to repeal the Passenger Transport Act 1990 and the Air Transport Act 1964.

Part 1 Preliminary

1 Name of Act This Act is the Passenger Transport Act 2014.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to facilitate the delivery of safe, reliable, efficient and integrated public passenger services that are responsive to customer needs, (b) to regulate certain public passenger services and the providers of those services, (c) to facilitate a flexible service procurement framework for public passenger services for the State that— (i) establishes clear lines of accountability for operators of services, and (ii) provides mechanisms to improve access to public transport, and (iii) encourages innovation in service development, including the use of new technologies.

4 Definitions (1) In this Act— accredited means accredited under this Act for the time being. air route licence means a licence for a regulated air route in force under Division 2 of Part 3. air transport service—see section 7. authorised means authorised under this Act for the time being. authorised officer means an authorised officer appointed under Division 1 of Part 9 or a police officer. Board of Inquiry means a Board of Inquiry constituted by the Minister under section 140. bus means— (a) a motor vehicle that seats more than 12 adults, or (b) a vehicle of any class prescribed by the regulations for the purposes of this definition. bus service means a public passenger service provided by a bus, and includes a community transport service that provides transport by bus. charter service means a public passenger service provided by a bus or a ferry where— (a) the provision of the service is pre-booked for hire for an agreed fee and individual fares are not payable by the passengers to the operator or driver, and (b) the hirer is entitled to determine the route for the journey and the time of travel, and (c) all passengers' journeys have a common origin or common destination, or both, and (d) the service is not provided in accordance with a fixed schedule. Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45 of the Transport Administration Act 1988. close associate—see section 13. community transport service—see section 6. driver of a vehicle means the person who drives the vehicle or, if it is an aircraft or a vessel, is the pilot of the aircraft or the master for the time being of the vessel and drive a vehicle includes pilot an aircraft or vessel. driver authority means an authority to drive a vehicle granted under Part 4. fare includes any consideration paid or given to use a public passenger service (whether or not it is paid or given to the operator or driver), but does not include a consideration of a kind prescribed by the regulations for the purposes of this definition. ferry means— (a) a vessel that seats more than 8 adults, or (b) a vessel of any class prescribed by the regulations for the purposes of this definition. ferry service means a public passenger service provided by means of a ferry. IPART means the Independent Pricing and Regulatory Tribunal established under the Independent Pricing and Regulatory Tribunal Act 1992. licensed means licensed under this Act for the time being. motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle, but does not include an aircraft, a train or a vessel. operate a public passenger service means to carry on the business of providing the service. passenger—see section 5 (6). passenger service contract means a contract entered into under Division 1 of Part 3. premises include a vehicle. public passenger service—see section 5 (1). rail passenger service means the carriage of passengers for a fare by train, but does not include any rail passenger service of a class prescribed for the purposes of this definition. railway has the same meaning as it has in the Rail Safety National Law (NSW), but does not include a railway to which that Law does not apply. railway operations has the same meaning as it has in the Rail Safety National Law (NSW), but does not include any thing to which that Law does not apply. railway premises has the same meaning as it has in the Rail Safety National Law (NSW), and includes a vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service, but does not include any railway premises to which that Law does not apply. regular air service—see section 7 (4). regulated air route means an air route declared to be a regulated air route under section 7 (2). road means a road within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road that is the subject of a declaration made under section 18 (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 section 4 (1) of the Road Transport Act 2013 (other than a road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). Sydney Metro means Sydney Metro constituted under the Transport Administration Act 1988. tourist service means a public passenger service provided by a bus or ferry or other vehicle prescribed by the regulations for the purposes of this definition that is a pre-booked service designed to transport tourists to destinations on a publicly available itinerary, or a service designed to transport tourists where the journeys of each passenger have a common origin or destination (or both). train has the same meaning as in the Rail Safety National Law (NSW), and includes a vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service.