{"id":"commercial-passenger-road-transport-act-1991","name":"Commercial Passenger (Road) Transport Act 1991","slug":"commercial-passenger-road-transport-act-1991","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29916,"registerId":"nt-commercial-passenger-road-transport-act-1991-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Commercial Passenger (Road)\nTransport Act 1991.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe provisions of this Act shall come into operation on such date or\ndates as is or are fixed by the Administrator by notice in the\nGazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\naccredited means accredited under Part 3.\naffected person, see section 77(2).\napproved means approved by the Director.\napproved form means a form approved under section 86A.\napproved standard means a standard approved under\nsection 86B.\nbus stop means an area of a public street that is marked off by:\n(a) a part of the kerb of the street that is between a traffic sign\nbearing an arrow and the words \"BUS STOP\" erected on or\nnear the kerb and another traffic sign on the same side of the\nstreet nearest in the direction indicated by the arrow; or\n\nCommercial Passenger (Road) Transport Act 1991 2\n(b) markings on the pavement of the street adjacent to:\n(i) a traffic sign bearing the words \"BUS STOP\", \"BUSES\nONLY\" or \"BUSES EXCEPTED\"; or\n(ii) the words \"BUS STOP\" marked on the pavement.\ncommercial passenger vehicle means a taxi, private hire car,\nlimousine, special function vehicle, minibus, courtesy vehicle, motor\nomnibus, tourist vehicle or special passenger vehicle.\ncourtesy vehicle means an approved motor vehicle (not being a\nfunction vehicle, minibus, motor omnibus, tourist vehicle or special\npassenger vehicle) used, with the services of a driver, to carry\npassengers for hire or reward where the carriage:\n(a) is offered as an inducement in respect of an agreement for the\nprovision of accommodation or activities for recreation or\npleasure; and\n(b) is provided to passengers without payment of a fare.\nDirector means the Director of Commercial Passenger (Road)\nTransport appointed under section 5(1).\ndisqualifying offence means:\n(a) an offence against a law of the Territory prescribed by the\nRegulations; or\n(b) an offence against a law, or a repealed law, of the Territory or\nanother jurisdiction (including a jurisdiction outside Australia)\nthat substantially corresponds to an offence referred to in\nparagraph (a).\ninspector means a person appointed or declared as such under\nsection 64, and includes the Director.\nlicence means a licence granted or renewed under this Act.\nlimousine means an approved motor vehicle that:\n(a) is used, with the services of a driver, to carry passengers for\nhire or reward on pre-booked journeys at pre-arranged fares;\n(b) is not fitted with a meter that either calculates or indicates the\n(c) does not stand or ply for hire.\n\nCommercial Passenger (Road) Transport Act 1991 3\nminibus means an approved motor vehicle that:\n(a) is fitted, equipped or constructed to carry more than\n8 passengers but not more than 15 passengers;\n(b) is used to carry passengers for hire or reward, including by\nresponding to ad hoc hailings or by pre-booked journeys, for a\nfare (including a pre-arranged fare) determined in accordance\nwith a rate of hire calculated by reference to the period of time\nthe vehicle is hired or to the distance to be travelled;\n(c) is not fitted with a meter that either calculates or indicates the\n(d) is licensed to stand and ply for hire only at a minibus rank or at\nan approved place.\nminibus area means an area declared under section 38 to be a\nminibus area for the purposes of this Act.\nminibus rank means an area identified by signs as a minibus rank,\nwhere minibuses may stand or ply for hire, set aside for that\npurpose by a competent authority (as defined in the Traffic\nAct 1987).\nmotor omnibus means an approved motor vehicle that is licenced\nunder Part 6 to carry passengers for hire or reward.\nmotor vehicle means any motor car, motor carriage, motor cycle,\ngoods vehicle, motor omnibus, motor tractor, or other vehicle\npropelled upon a road wholly or partly by any volatile spirit or by\nsteam, gas, oil, or electricity, or by any means other than human or\nanimal power, and includes a trailer at any time attached to a motor\nvehicle but does not include any vehicle used on a railway or a\npowered cycle.\noperate, in relation to a commercial passenger vehicle, means:\n(a) to drive or use; or\n(b) to cause or employ another person to drive or use,\nthat vehicle to carry passengers for hire or reward, otherwise than\nonly in the capacity of an employee or a volunteer.\nprivate hire car means an approved motor vehicle that:\n(a) is used, with the services of a driver, to carry passengers for\nhire or reward on pre-booked journeys at pre-arranged fares\ndetermined in accordance with a rate of hire calculated by\n\nCommercial Passenger (Road) Transport Act 1991 4\nreference to the period of time the vehicle is hired or by\nreference to the distance to be travelled in the vehicle;\n(b) is not fitted with a meter that either calculates or indicates the\n(c) does not stand or ply for hire except in accordance with\nsection 37B.\nRegistrar of Motor Vehicles means the Registrar of Motor\nVehicles appointed under the Motor Vehicles Act 1949.\nresponsible person, for Part 3, see section 6E.\nreviewable decision, see section 77(1).\nroute service, in relation to the operation of a motor omnibus,\nmeans a motor omnibus service which is, or is advertised or held\nout to be, on a scheduled route basis having a regular timetable\nand having a fare structure related to the carriage of passengers\nover sectors of the scheduled route.\nroute service hours, in relation to an urban service area, means\nthe hours of a day declared by the Director to be the hours of\noperation of route services in the urban service area.\nspecial function vehicle means an approved motor vehicle (not\nbeing a motor vehicle operated as a taxi, private hire car, limousine,\nminibus, courtesy vehicle, motor omnibus, tourist vehicle or special\npassenger vehicle) that:\n(a) is a distinctive or unusual make or model or has a distinctive\nor unusual external appearance; and\n(b) is used, with the services of a driver, to carry passengers for\nhire or reward on pre-booked journeys for a pre-determined\nfee where the purpose of the journey is to transport the\npassengers in connection with an approved function or event\nor an approved class of functions or events.\nspecial passenger vehicle means a motor vehicle (not being a\nfunction vehicle, minibus, courtesy vehicle, motor omnibus or tourist\nvehicle) used to carry passengers for hire or reward, being a motor\nvehicle declared by the Director, either generally as a class, or\nspecifically, to be a special passenger vehicle for the purposes of\nthis Act.\nsubstitute minibus licence means a licence issued under\nsection 38DA.\n\nCommercial Passenger (Road) Transport Act 1991 5\nsubstitute taxi means an approved motor vehicle licensed by the\nDirector under Division 2 of Part 4 and fitted out as a taxi, being a\nmotor vehicle that is operated as a substitute for a taxi during those\nperiods when that taxi is being serviced, maintained or repaired or\nis for any other reason unavailable for use as a taxi.\ntaxi means an approved motor vehicle fitted with an approved\nmeter which is equipped or constructed to carry not more than\n15 passengers and is used for the purpose of:\n(a) standing or plying for hire; and\n(b) carrying passengers for hire or reward, including by\nresponding to ad hoc hailings or by pre-booked journeys, for a\nfare (including a pre-arranged fare) determined in accordance\nwith a rate of hire calculated primarily by reference to distance\ntravelled that, unless exempted by the Director in respect of\nparticular types of hire, is indicated by the meter.\nthis Act includes regulations made under this Act.\ntour package means a holiday, sightseeing or recreational tour\nundertaken by a tourist pursuant to an agreement entered into with\na travel agency or company or person offering such tours, being a\ntour which includes travel segments and accommodation, and, if\npart of the agreement, the transfer of the tourist between transport\nterminals and that accommodation.\ntourist means a person travelling from one place to another\nprincipally for the purposes of recreation or pleasure.\ntourist vehicle means an approved motor vehicle (not being a\nfunction vehicle, minibus, courtesy vehicle, motor omnibus or\nspecial passenger vehicle) used for the carriage of tourists for hire\nor reward:\n(a) pursuant to pre-arranged bookings, outside the environs of a\nmunicipality;\n(b) within the environs of a municipality if that carriage is part of a\ntour package; or\n(c) on a tour of an approved type within the environs of a\nmunicipality.\n\nCommercial Passenger (Road) Transport Act 1991 6\nurban service area means a motor omnibus urban route service\narea declared by notice under section 47.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) For the purposes of this Act, to carry passengers for hire or\nreward includes any case where the operator or driver of a motor\nvehicle used:\n(a) offers the carriage as an inducement in respect of an\nagreement for the provision of other services or goods; or\n(b) receives consideration for an arrangement whereby the\ncarriage is affected or to which the carriage is related.\n(3) For the purposes of this Act and of any contract of insurance, a\nmotor vehicle is deemed not to be used to carry passengers for hire\nor reward if the carriage is pursuant to a motor vehicle pooling\narrangement, being an arrangement whereby the carriage:\n(a) is incidental to the main purpose of the journey;\n(b) is not the result of touting for passengers by the driver or any\nother person on any road or because of being, or being part\nof, any commercial operation; and\n(c) is undertaken for a consideration limited to:\n(i) an undertaking by or on behalf of the passenger to carry\nthe driver or a member of the driver's family on a similar\njourney; or\n(ii) the payment of an amount which does not contain any\nelement of profit in respect of the operation of the motor\nvehicle or of a motor vehicle pool or any recompense for\nthe time of the driver.\n(4) A reference in this Act to the holder of a licence includes a\nreference to a person permitted by the holder of the licence to\noperate a commercial passenger vehicle under the licence.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act binds the Crown","content":"4 Act binds the Crown\nThis Act binds the Crown not only in right of the Territory but, to the\nextent that the legislative power of the Legislative Assembly so\npermits, in all its other capacities.\n\nCommercial Passenger (Road) Transport Act 1991 7\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Director","content":"5 Director\n(1) The Minister may, by notice in writing, appoint a Chief Executive\nOfficer or employee, as defined in the Public Sector Employment\nand Management Act 1993, to be the Director of Commercial\nPassenger (Road) Transport.\n(2) Subject to this Act, the Director has power to do all things\nnecessary or convenient to be done for or in connection with, or\nincidental to, the performance of the Director's functions under this\nAct.\n","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Directions of Minister","content":"5A Directions of Minister\n(1) In exercising a power or performing a function under this Act, the\nDirector is subject to the directions of the Minister.\n(2) Without limiting subsection (1), the Minister may give the Director a\ndirection about controlling in the public interest the number of\nlicences in force for a class of commercial passenger vehicle.\n(3) Despite anything to the contrary in this Act or the Regulations, the\nDirector must not grant a licence if to do so would be inconsistent\nwith a direction under subsection (2).\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Delegation","content":"6 Delegation\n(1) The Director may, by notice in writing, delegate:\n(a) to the Registrar of Motor Vehicles; or\n(b) to a person,\nany of the powers and functions of the Director under this Act other\nthan, subject to subsection (4), this power of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, shall, for the purposes of this Act, be\ndeemed to have been exercised or performed by the Director.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Director.\n(4) A delegation under subsection (1) to the Registrar of Motor\nVehicles may, notwithstanding the exception in that subsection,\ninclude a power of delegation of the powers and functions by the\nRegistrar, but the exercise of that power shall not include a power\nof further delegation.\n\nCommercial Passenger (Road) Transport Act 1991 8\n","sortOrder":6},{"sectionNumber":"6E","sectionType":"section","heading":"Definition","content":"6E Definition\nIn this Part:\nresponsible person, for a body corporate, means:\n(a) a person employed in the position of director, manager or\nofficer of the body corporate; or\n(b) a person employed in any other position, however designated,\nif it is an executive position of the body corporate; or\n(c) a person who is concerned, or takes part in, the management\nof the affairs of the body corporate; or\n(d) a person in accordance with whose directions or instructions\nthe body corporate is accustomed to act; or\n(e) a person who makes, or participates in making, decisions that\naffect the whole, or a substantial part, of the business of the\nbody corporate.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Purpose of Part","content":"7 Purpose of Part\nThe purpose of this Part is to require the operator of a commercial\npassenger vehicle to be accredited, where accreditation indicates:\n(a) that the accredited operator is (or, in the case of an accredited\noperator that is a body corporate, a responsible person for the\nbody corporate is) considered to be of good repute and in all\nother respects fit and proper to be responsible for the\noperation of a commercial passenger vehicle; and\n(b) that the accredited operator has demonstrated the capacity to\nmeet the required standards of safety of passengers and the\npublic to the degree and in the manner required in respect of\nthe operations and in accordance with the conditions specified\nin the operator's accreditation.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Operator to be accredited","content":"8 Operator to be accredited\nA person must not operate a commercial passenger vehicle, either\nalone or as part of or in connection with any other business, unless\nthe person is accredited under this Part or has an exemption under\nsection 15(1).\n\nCommercial Passenger (Road) Transport Act 1991 9\n","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Application for accreditation","content":"8A Application for accreditation\n(1) A person may apply to the Director for accreditation.\n(2) The application must:\n(a) be in the approved form; and\n(b) contain the information that the Director requires to be\nprovided; and\n(c) if the applicant is a body corporate – specify each responsible\nperson for the body corporate; and\n(d) be accompanied by any prescribed fee.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Consideration of application","content":"9 Consideration of application\n(1) The Director must consider an application made under section 8A\n(a) grant the accreditation to the applicant; or\n(b) allow the applicant to amend the application and grant the\naccreditation to the applicant on receipt of the amended\napplication; or\n(c) refuse to grant the accreditation to the applicant.\n(3) The Director must not accredit, or renew the accreditation of, the\nfollowing:\n(a) a person who:\n(i) is bankrupt; or\n(ii) has applied to take the benefit of any law for the relief of\nbankrupt or insolvent debtors; or\n(iii) has compounded with the person's creditors or made an\nassignment of the person's remuneration for the benefit\nof the person's creditors;\n(b) a person who:\n(i) has been convicted of a disqualifying offence; or\n\nCommercial Passenger (Road) Transport Act 1991 10\n(ii) is otherwise considered by the Director not to be a fit\nand proper person to hold, or continue to hold, an\naccreditation;\n(c) a body corporate if a responsible person for the body\ncorporate:\n(i) has been convicted of a disqualifying offence; or\n(ii) subject to subsection (4), is otherwise considered by the\nDirector not to be a fit and proper person for the\npurposes of the accreditation, or renewal of the\naccreditation, of the body corporate;\n(d) a body corporate:\n(i) unless the body corporate is authorised by its\nconstitution, objects, purposes or rules to carry on the\nbusiness associated with the accreditation; and\n(ii) if a liquidator, receiver, receiver and manager or official\nmanager has been appointed under the Corporations\nAct 2001 (Cth) – unless in the particular circumstances it\nwould, in the opinion of the Director, be inequitable not\nto accredit or renew the accreditation.\n(3A) Subsection (3)(b) and (c):\n(a) apply regardless of when the offence was committed; but\n(b) do not apply if:\n(i) the person's or the responsible person for the body\ncorporate's criminal record for the conviction is a spent\nrecord within the meaning of the Criminal Records\n(Spent Convictions) Act 1992; or\n(ii) the person or the responsible person for the body\ncorporate was discharged without any penalty being\nimposed for the conviction.\n(3B) Subsection (3)(b) and (c) do not apply to the renewal of a person's\naccreditation in relation to the person's conviction (or, if the person\nis a body corporate, in relation to the conviction of a responsible\nperson for the body corporate) of a disqualifying offence if:\n(a) the Chief Executive Officer has previously decided under this\nAct the person may hold, or continue to hold, the accreditation\ndespite the conviction; or\n\nCommercial Passenger (Road) Transport Act 1991 11\n(b) NTCAT has previously decided under this Act that the person\nmay hold, or continue to hold, the accreditation despite the\nconviction.\n(3C) The Director must have regard to the following in considering\nwhether the person is fit and proper for subsection (3)(b)(ii)\nand (c)(ii):\n(a) whether or not the person has shown a pattern of committing\noffences;\n(b) any other circumstances concerning the person that the\nDirector considers relevant.\n(4) The Director may exempt a responsible person for a body corporate\nfrom the requirement to be a fit and proper person for the purposes\nof accreditation, or renewal of accreditation, of the body corporate.\n(4A) If the Director exempts a responsible person for a body corporate\nunder subsection (4), the Director may place conditions on the\nexemption.\n(4B) Despite subsection (4), the Director must not exempt a responsible\nperson for a body corporate from the requirement to be a fit and\nproper person for the purposes of the accreditation, or renewal of\nthe accreditation, of the body corporate, if the responsible person is\nthe only responsible person for the body corporate.\n(5) The Director must give written notice of a decision under this\nsection to the applicant for the accreditation or renewal of\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Conditions of accreditation","content":"10 Conditions of accreditation\n(1) An operator's accreditation shall be subject to such conditions, if\nany, as are prescribed and to such other conditions, if any, as the\nDirector thinks fit and specifies in relation to the accreditation.\n(2) The Director may from time to time, by written notice to an\naccredited operator, amend or revoke the conditions of\naccreditation or add new conditions.\nsame for all operations of a similar nature unless the Director is\n\nCommercial Passenger (Road) Transport Act 1991 12\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Register of accredited operators","content":"11 Register of accredited operators\n(1) The Director shall set up and maintain, or cause to be set up and\nmaintained, whether by electronic means or otherwise, a register of\naccredited operators.\n(2) The register shall have entered in it the name of each person who\nhas been accepted as an accredited operator, any conditions to\nwhich the accreditation is subject, the nature of any licences or\nauthorizations held under this Act and any conditions subject to\nwhich they are held.\n(3) Except as provided in subsection (2), all other information obtained\nby the Director for the purposes of this Part shall be kept\nconfidential and not disclosed to any person other than for the\nproper administration of this Act.\n(4) A member of the public may, during periods determined by the\nDirector and upon payment of the prescribed fee (if any), search, or\ntake or be provided with extracts from, any entry in the register.\n(5) The Director shall issue each person entered in the register as an\naccredited operator with a certificate of accreditation which, without\nproof to the contrary, is evidence, for all purposes, that the person\nis accredited under this Part.\n(6) The Director may require the holder of a certificate of accreditation\nto return it to the Director for a replacement certificate to be issued\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Period of accreditation, renewal","content":"12 Period of accreditation, renewal\n(1) An accreditation is effective, unless sooner cancelled or suspended\nunder this Act, for 5 years from the day of its registration, but may\nbe renewed by the Director upon application made in that behalf in\nthe approved form accompanied by payment of the prescribed fee\n(if any).\n(2) Where an application for renewal is made but is not determined\nbefore the date on which the accreditation to which it relates\nexpires, the accreditation shall remain effective until the application\nis determined.\n(4) In considering an application for renewal under subsection (1), the\naccount if the application were for a new accreditation.\n\nCommercial Passenger (Road) Transport Act 1991 13\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Effect of accreditation","content":"13 Effect of accreditation\nAn accredited operator may:\n(a) apply for a licence under this Act; and\n(b) operate a motor vehicle or carry out an action licensed under\nthis Act in accordance with the conditions specified in relation\nto the accreditation or the licence.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Operator's accreditation not transferable","content":"14 Operator's accreditation not transferable\nAn operator's accreditation is not transferable.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Director may grant exemption","content":"15 Director may grant exemption\n(1) Notwithstanding section 8(1) but subject to the Regulations, the\nDirector may in the special circumstances of the case, by notice in\nwriting, exempt a person proposing to apply for a commercial\npassenger vehicle licence or other licence from the requirement of\nfirst being accredited under this Part.\n(2) The Director may, in a notice under subsection (1), impose such\nconditions on any exemption granted as the Director thinks fit.\n(3) The Director may, by notice in writing to the operator of a\ncommercial passenger vehicle or other person exempted under\nsubsection (1), lift the exemption granted and require the operator\nto be accredited on the expiry of a period of 3 months or such\nlonger period as may be specified in the notice, commencing with\nthe day the notice was given.\n(4) The Director shall cause a copy of any notice given under\nsubsection (1) or (3) to be published in the Gazette.\n(5) The Director may, by notice in the Gazette and subject to such\nconditions as may be specified, exempt any class or classes of\noperators of commercial passenger vehicle operations using\ncommercial passenger vehicles from the requirement of first being\naccredited under this Part.\n(6) The Director may, by notice in the Gazette and subject to such\nconditions as may be specified, lift any exemption granted under\nsubsection (5) on the expiry of such period, being not less than\n3 months from the date of the notice, as is specified.\n\nCommercial Passenger (Road) Transport Act 1991 14\n","sortOrder":17},{"sectionNumber":"15A","sectionType":"section","heading":"Changes to responsible persons for body corporate","content":"15A Changes to responsible persons for body corporate\n(1) An accredited operator that is a body corporate must give written\nnotice to the Director when a person ceases to be a responsible\nperson for the body corporate within 14 days of the person ceasing\nto be a responsible person.\n(2) Despite the time period mentioned in subsection (1), if a person\nceases to be a responsible person for a body corporate and the\nbody corporate no longer has a responsible person because\nsection 9(3)(c) applies to each responsible person for the body\ncorporate, the body corporate must, as soon as practicable, notify\nthe Director.\nNote for subsection (2)\nUnder section 75(3A), the Director must suspend the accreditation of the body\ncorporate if the body corporate does not have any responsible persons because\nsection 9(3)(c) applies to the responsible persons of the body corporate.\n(3) An accredited operator that is a body corporate must give written\nnotice to the Director when a person becomes a responsible person\nfor the body corporate within 3 days of the person becoming a\nresponsible person.\n(4) It is a condition of the accreditation of a body corporate that the\nbody corporate complies with subsections (1), (2) and (3).\n(5) The Director may require the responsible person mentioned in\nsubsection (3) to provide the Director with sufficient evidence,\nwithin the period specified by the Director, that section 9(3)(c) does\nnot apply to the responsible person.\nNote for subsection (5)\nUnder section 9(4), the Director may exempt a responsible person for a body\ncorporate from the requirement to be a fit and proper person for the purposes of\naccreditation, or renewal of accreditation, of the body corporate.\n(6) The Director may suspend the accreditation of an accredited\noperator until the Director is satisfied that section 9(3)(c) does not\napply to the responsible person mentioned in subsection (5).\nNote for subsection (6)\nThe Director may make inquiries about a responsible person for a body corporate\nto decide whether the responsible person is a fit and proper person for the\npurposes of accreditation, or renewal of accreditation, of the body corporate.\n\nCommercial Passenger (Road) Transport Act 1991 15\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Taxi areas","content":"16 Taxi areas\nThe Minister may, by notice in the Gazette, declare an area to be a\ntaxi area for the purposes of this Act.\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Taxi licence","content":"17 Taxi licence\n(1) Subject to this Act, a person who proposes to operate a taxi must\nhold a taxi licence for a taxi before commencing the operation.\n(2) An application for a taxi licence is to be made on an approved form\naccompanied by the prescribed fee.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Consideration of application","content":"18 Consideration of application\nsection 17(2) and may, subject to this Act:\n(3) The Director must not issue a taxi licence to a person who is not\naccredited at the time the licence is granted.\n(4) The Director must not grant a taxi licence to a person unless, at the\ntime the licence is granted, the taxi endorsed on the licence is\nregistered under the Motor Vehicles Act 1949 in the name of the\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Registration number to be endorsed on licence","content":"19 Registration number to be endorsed on licence\nA taxi licence is to have endorsed on it the registration number of\nthe taxi as contained on the number plates issued under the Motor\nVehicles Act 1949.\n\nCommercial Passenger (Road) Transport Act 1991 16\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Conditions of taxi licence","content":"20 Conditions of taxi licence\n(1) A taxi licence is subject to the conditions that the Director thinks fit\nand specifies in the licence.\n(2) The Director may, from time to time, by written notice to a taxi\nlicence holder, amend or revoke the conditions of the licence or add\nnew conditions.\n(3) The conditions of a taxi licence are to be substantially the same for\nall taxi licences unless the Director is satisfied, on stated grounds in\na particular case, that different conditions are reasonable.\n(4) The Director may require the holder of a taxi licence to return it to\nthe Director for a replacement licence to be issued specifying new\nor amended conditions.\n(5) The Director may require the holder of a taxi licence to join a\n(6) It is a condition of a taxi licence that the taxi endorsed on the\nlicence is used as a taxi and is maintained to the approved\nstandard.\n(8) It is a condition of a taxi licence that the taxi endorsed on the\nlicence is registered under the Motor Vehicles Act 1949 in the name\nof the taxi licence holder.\n(9) It is a condition of a taxi licence that the holder of the licence is to\nensure that any injury to a person arising out of or in the course of\nthe person's engagement to drive the taxi endorsed on the licence\nis covered by a policy of insurance.\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Taxi to operate in taxi area","content":"21 Taxi to operate in taxi area\n(1) The Director must specify in a taxi licence the taxi area within which\nthe holder of the licence may operate the taxi endorsed on the\n(2) A person must not operate a taxi within a taxi area that is not\nspecified in the taxi licence.\n(3) Despite subsection (2), a person may operate a taxi within a taxi\narea that is not specified in the taxi licence if the passengers are\ndriven:\n(a) into the taxi area from a place outside the taxi area; or\n\nCommercial Passenger (Road) Transport Act 1991 17\n(b) from within the taxi area to a place outside the taxi area on the\nreturn journey by a direct route to the place from which the\npassengers were driven into the taxi area.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Effect of taxi licence","content":"22 Effect of taxi licence\nA taxi licence authorises the holder to operate the taxi endorsed on\nthe licence in accordance with the conditions specified in the\nlicence and the holder's accreditation.\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Term of taxi licence","content":"23 Term of taxi licence\n(1) A taxi licence remains in force, unless sooner surrendered,\n","sortOrder":26},{"sectionNumber":"23A","sectionType":"section","heading":"Renewal of taxi licence","content":"23A Renewal of taxi licence\n(1) A taxi licence may be renewed by the Director on application made\non an approved form accompanied by the prescribed fee.\napplication were for a new taxi licence.\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Surrender of taxi licence","content":"24 Surrender of taxi licence\n(1) The holder of a taxi licence may surrender the licence to the\nDirector before the licence expires.\n(2) A person who surrenders a taxi licence is entitled to a refund of a\nproportionate amount of the fee paid at the time of the application\nfor the grant or last renewal of the licence (as applicable) in respect\nof each day of the unexpired term of the licence but only if there are\nat least 7 days (not including the day of surrender) remaining in the\nunexpired term.\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Director may grant exemption","content":"25 Director may grant exemption\n(1) The Director may exempt a class of operators of taxis, or an\noperation using taxis, from the requirement to hold a taxi licence.\n\nCommercial Passenger (Road) Transport Act 1991 18\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Determination of fares and charges","content":"26 Determination of fares and charges\n(1) The Minister may, by notice in the Gazette, determine the maximum\nfares and charges that may be charged for the hire or use of a taxi.\n(2) A person who charges a fare or charge that is higher than the\nmaximum determined under subsection (1) is guilty of an offence.\n","sortOrder":30},{"sectionNumber":"26A","sectionType":"section","heading":"Taxis may use bus stops outside route service hours","content":"26A Taxis may use bus stops outside route service hours\ndriver of a taxi that is available for hire may park or stand the taxi in\na bus stop in an urban service area outside route service hours.\n(2) The driver of a taxi who parks or stands the taxi in a bus stop other\nthan in accordance with subsection (1) commits an offence.\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Substitute taxi licence","content":"27 Substitute taxi licence\n(1) An accredited operator may apply to the Director for a substitute\ntaxi licence.\n(2) An application under subsection (1) is to be on an approved form\naccompanied by the prescribed fee (if any).\n(3) The Director may require an applicant for a substitute taxi licence to\nprovide further particulars.\n\nCommercial Passenger (Road) Transport Act 1991 19\n(4) The Director must consider an application for a substitute taxi\nlicence made under subsection (1) and may, subject to this Act:\n(a) grant the licence to the applicant; or\n(b) allow the applicant to amend the application and grant the\nlicence to the applicant on receipt of the amended application;\nor\n(c) refuse to grant the licence to the applicant.\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Conditions of substitute taxi licence","content":"28 Conditions of substitute taxi licence\n(1) A substitute taxi licence is subject to the conditions that the Director\n(2) It is a condition of every substitute taxi licence that, except as\notherwise authorised by the Director, the motor vehicle in respect of\nwhich the licence was granted is not to be used as a taxi unless it\nhas affixed to it the identification plate or plates approved by the\nDirector for the purposes of this Act.\n","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Private hire car licence","content":"30 Private hire car licence\n(1) Subject to this Act, a person who proposes to operate a private hire\ncar must hold a private hire car licence before commencing the\noperation.\n(2) An application for a private hire car licence is to be made on an\napproved form accompanied by the prescribed fee.\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Consideration of application","content":"31 Consideration of application\nsection 30(2) and may, subject to this Act:\n\nCommercial Passenger (Road) Transport Act 1991 20\n(3) The Director must not grant a private hire car licence if the applicant\nwas not accredited at the time of the application.\n(4) The Director must not grant a private hire car licence to a person\nunless, at the time the licence is granted, the private hire car\nAct 1949 in the name of the person.\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Registration number to be endorsed on licence","content":"32 Registration number to be endorsed on licence\nA private hire car licence is to have endorsed on it the registration\nnumber of the private hire car as contained on the number plates\nissued under the Motor Vehicles Act 1949.\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Conditions of private hire car licence","content":"33 Conditions of private hire car licence\n(1) A private hire car licence is subject to the conditions that the\nDirector thinks fit and specifies in the licence.\n(2) The Director may, from time to time, by written notice to a private\nhire car licence holder, amend or revoke the conditions of the\n(3) The conditions of a private hire car licence are to be substantially\nthe same for all private hire car licences unless the Director is\n(4) The Director may require the holder of a private hire car licence to\nreturn it to the Director for a replacement licence to be issued\n(5) It is a condition of a private hire car licence that the private hire car\nendorsed on the licence be used as a private hire car and is\nmaintained to an approved standard.\n(6) It is a condition of a private hire car licence that the private hire car\nAct 1949 in the name of the holder of the licence.\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Effect of private hire car licence","content":"34 Effect of private hire car licence\nA private hire car licence authorises the holder to operate the\nprivate hire car endorsed on the licence in accordance with the\nconditions specified in the licence and the holder's accreditation.\n\nCommercial Passenger (Road) Transport Act 1991 21\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Term of private hire car licence","content":"35 Term of private hire car licence\n(1) A private hire car licence remains in force, unless sooner\nsurrendered, cancelled or suspended under this Act:\n","sortOrder":39},{"sectionNumber":"35A","sectionType":"section","heading":"Renewal of private hire car licence","content":"35A Renewal of private hire car licence\n(1) A private hire car licence may be renewed by the Director on\napplication made on an approved form accompanied by the\nprescribed fee.\napplication were for a new private hire car licence.\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Surrender of private hire car licence","content":"36 Surrender of private hire car licence\n(1) The holder of a private hire car licence may surrender the licence to\nthe Director before it expires.\n(2) A person who surrenders a private hire car licence is entitled to a\nrefund of a proportionate amount of the fee paid at the time of the\napplication for the grant or last renewal of the licence (as\napplicable) in respect of each day of the unexpired term of the\nlicence but only if there are at least 7 days (not including the day of\nsurrender) remaining in the unexpired term.\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Director may grant exemption","content":"37 Director may grant exemption\n(1) The Director may exempt a person proposing to operate a private\nhire car from the requirement to hold a private hire car licence.\n(2) The Director may exempt a class of operators of private hire cars,\nor an operation using private hire cars, from the requirement to hold\na private hire car licence.\n\nCommercial Passenger (Road) Transport Act 1991 22\n","sortOrder":42},{"sectionNumber":"37A","sectionType":"section","heading":"Determination of fares and charges","content":"37A Determination of fares and charges\n(1) The Minister may, by notice in the Gazette, determine:\n(a) a fare or charge to be charged for the hire or use of a private\nhire car; or\n(b) the method to be used to calculate such a fare or charge.\n(2) A person must not charge a fare or charge for the hire or use of a\nprivate hire car except in accordance with subsection (1).\nMaximum penalty: 8 penalty units.\n","sortOrder":43},{"sectionNumber":"37B","sectionType":"section","heading":"Ranking for approved functions or events","content":"37B Ranking for approved functions or events\ndriver of a private hire car may park or stand the private hire car for\nhire to transport passengers at an approved function or event, or an\napproved class of functions or events, in accordance with the\napproved conditions.\n(2) The driver of a private hire car who parks, stands or plys a private\nhire car for hire other than in accordance with subsection (1)\ncommits an offence.\nMaximum penalty: 25 penalty units.\n","sortOrder":44},{"sectionNumber":"37C","sectionType":"section","heading":"Limousine licence","content":"37C Limousine licence\n(1) Subject to this Act, a person who proposes to operate a limousine\nmust hold a limousine licence before commencing the operation.\n(2) An application for a limousine licence is to be made on an approved\nform accompanied by the prescribed fee.\n\nCommercial Passenger (Road) Transport Act 1991 23\n","sortOrder":45},{"sectionNumber":"37D","sectionType":"section","heading":"Consideration of application","content":"37D Consideration of application\nsection 37C(2) and may, subject to this Act:\n(3) The Director must not grant a limousine licence if the applicant was\nnot accredited at the time of the application.\n(4) The Director must not grant a limousine licence to a person unless,\nat the time the licence is granted, the limousine endorsed on the\nlicence is registered under the Motor Vehicles Act 1949 in the name\nof the person.\n","sortOrder":46},{"sectionNumber":"37E","sectionType":"section","heading":"Registration number to be endorsed on licence","content":"37E Registration number to be endorsed on licence\nA limousine licence is to have endorsed on it the registration\nnumber of the limousine as contained on the number plates issued\nunder the Motor Vehicles Act 1949.\n","sortOrder":47},{"sectionNumber":"37F","sectionType":"section","heading":"Conditions of limousine licence","content":"37F Conditions of limousine licence\n(1) A limousine licence is subject to the conditions that the Director\nof a limousine licence, amend or revoke the conditions of the\n(3) The conditions of a limousine licence are to be substantially the\nsame for all limousine licences unless the Director is satisfied, on\nstated grounds in a particular case, that different conditions are\n(4) The Director may require the holder of a limousine licence to return\nit to the Director for a replacement licence to be issued specifying\nnew or amended conditions.\n(5) It is a condition of a limousine licence that the limousine endorsed\non the licence be used as a limousine and is maintained to an\napproved standard.\n\nCommercial Passenger (Road) Transport Act 1991 24\n(6) It is a condition of a limousine licence that the limousine endorsed\non the licence is registered under the Motor Vehicles Act 1949 in\nthe name of the holder of the licence.\n","sortOrder":48},{"sectionNumber":"37G","sectionType":"section","heading":"Effect of limousine licence","content":"37G Effect of limousine licence\nA limousine licence authorises the holder to operate the limousine\nendorsed on the licence in accordance with the conditions specified\nin the licence and the holder's accreditation.\n","sortOrder":49},{"sectionNumber":"37H","sectionType":"section","heading":"Term of limousine licence","content":"37H Term of limousine licence\n(1) A limousine licence remains in force, unless sooner surrendered,\n","sortOrder":50},{"sectionNumber":"37J","sectionType":"section","heading":"Renewal of limousine licence","content":"37J Renewal of limousine licence\n(1) A limousine licence may be renewed by the Director on application\nmade on an approved form accompanied by the prescribed fee.\napplication were for a new limousine licence.\n","sortOrder":51},{"sectionNumber":"37K","sectionType":"section","heading":"Surrender of limousine licence","content":"37K Surrender of limousine licence\n(1) The holder of a limousine licence may surrender the licence to the\nDirector before it expires.\n(2) A person who surrenders a limousine licence is entitled to a refund\nof a proportionate amount of the fee paid at the time of the\napplication for the grant or last renewal of the licence (as\napplicable) in respect of each day of the unexpired term of the\nlicence but only if there are at least 7 days (not including the day of\nsurrender) remaining in the unexpired term.\n","sortOrder":52},{"sectionNumber":"37L","sectionType":"section","heading":"Director may grant exemption","content":"37L Director may grant exemption\n(1) The Director may exempt a person proposing to operate a\nlimousine from the requirement to hold a limousine licence.\n\nCommercial Passenger (Road) Transport Act 1991 25\n(2) The Director may exempt a class of operators of limousines, or an\noperation using limousines, from the requirement to hold a\nlimousine licence.\n","sortOrder":53},{"sectionNumber":"37M","sectionType":"section","heading":"Determination of fares and charges","content":"37M Determination of fares and charges\n(1) The Minister may, by notice in the Gazette, determine:\n(a) a fare or charge to be charged for the hire or use of a\nlimousine; or\n(b) the method to be used to calculate such a fare or charge.\n(2) A person must not charge a fare or charge for the hire or use of a\nlimousine except in accordance with subsection (1).\nMaximum penalty: 8 penalty units.\n","sortOrder":54},{"sectionNumber":"37N","sectionType":"section","heading":"Special function vehicle licence","content":"37N Special function vehicle licence\n(1) Subject to this Act, a person who proposes to operate a special\nfunction vehicle must hold a special function vehicle licence before\ncommencing the operation.\n(2) An application for a special function vehicle licence is to be made\non an approved form.\n\nCommercial Passenger (Road) Transport Act 1991 26\n","sortOrder":55},{"sectionNumber":"37P","sectionType":"section","heading":"Consideration of application","content":"37P Consideration of application\nsection 37N(2) and may, subject to this Act:\n(2) For subsection (1), the Director may require an applicant to provide\nfurther information.\n(3) The Director must not grant a special function vehicle licence to a\nperson who is not accredited at the time the licence is granted.\n(4) The Director must not grant a special function vehicle licence to a\nperson unless, at the time the licence is granted, the special\nfunction vehicle endorsed on the licence is registered under the\nMotor Vehicles Act 1949 in the name of the person.\n","sortOrder":56},{"sectionNumber":"37Q","sectionType":"section","heading":"Registration number to be endorsed on licence","content":"37Q Registration number to be endorsed on licence\nA special function vehicle licence is to have endorsed on it the\nregistration number of the special function vehicle as contained on\nthe number plates issued under the Motor Vehicles Act 1949.\n","sortOrder":57},{"sectionNumber":"37R","sectionType":"section","heading":"Conditions of special function vehicle licence","content":"37R Conditions of special function vehicle licence\n(1) A special function vehicle licence is subject to the conditions that\nthe Director thinks fit and specifies in the licence.\nof a special function vehicle licence, amend or revoke the\nconditions of the licence or add new conditions.\n(3) The conditions of a special function vehicle licence are to be\nsubstantially the same for all special function vehicle licences\nunless the Director is satisfied, on stated grounds in a particular\ncase, that different conditions are reasonable.\n(4) The Director may require the holder of a special function vehicle\nlicence to return it to the Director for a replacement licence to be\nissued specifying new or amended conditions.\n(5) It is a condition of a special function vehicle licence that the special\nfunction vehicle endorsed on the licence be used as a special\nfunction vehicle and is maintained to an approved standard.\n\nCommercial Passenger (Road) Transport Act 1991 27\n(6) It is a condition of a special function vehicle licence that the special\nfunction vehicle endorsed on the licence is registered under the\nMotor Vehicles Act 1949 in the name of the holder of the licence.\n","sortOrder":58},{"sectionNumber":"37S","sectionType":"section","heading":"Effect of special function vehicle licence","content":"37S Effect of special function vehicle licence\nA special function vehicle licence authorises the holder to operate\nthe special function vehicle endorsed on the licence in accordance\nwith the conditions specified in the licence and the holder's\n","sortOrder":59},{"sectionNumber":"37T","sectionType":"section","heading":"Term of special function vehicle licence","content":"37T Term of special function vehicle licence\nA special function vehicle licence remains in force, unless sooner\nsurrendered, cancelled or suspended under this Act, for 12 months\nfrom the day it is granted or renewed.\n","sortOrder":60},{"sectionNumber":"37U","sectionType":"section","heading":"Renewal of special function vehicle licence","content":"37U Renewal of special function vehicle licence\n(1) A special function vehicle licence may be renewed by the Director\non application made on an approved form accompanied by the\napplication were for a new special function vehicle licence.\n","sortOrder":61},{"sectionNumber":"37V","sectionType":"section","heading":"Surrender of special function vehicle licence","content":"37V Surrender of special function vehicle licence\n(1) The holder of a special function vehicle licence may surrender the\nlicence to the Director before it expires.\n(2) A person who surrenders a special function vehicle licence is\nentitled to a refund of a proportionate amount of the fee the person\npaid when applying for the grant or renewal of the licence (as\napplicable) in respect of each complete month in the unexpired\nterm of the licence.\n","sortOrder":62},{"sectionNumber":"37W","sectionType":"section","heading":"Director may grant exemption","content":"37W Director may grant exemption\n(1) The Director may exempt a person proposing to operate a special\nfunction vehicle from the requirement to hold a special function\nvehicle licence.\n(2) The Director may exempt a class of operators of special function\nvehicles, or an operation using special function vehicles, from the\nrequirement to hold a special function vehicle licence.\n\nCommercial Passenger (Road) Transport Act 1991 28\n","sortOrder":63},{"sectionNumber":"38","sectionType":"section","heading":"Minibus areas","content":"38 Minibus areas\nThe Minister may, by notice in the Gazette, declare an area to be a\nminibus area for the purposes of this Act.\n","sortOrder":64},{"sectionNumber":"38A","sectionType":"section","heading":"Minibus licence","content":"38A Minibus licence\n(1) Subject to this Act, a person who proposes to operate a minibus\nmust hold a minibus licence before commencing the operation.\n(2) An application for a minibus licence is to be made on an approved\nform accompanied by the prescribed fee.\n","sortOrder":65},{"sectionNumber":"38B","sectionType":"section","heading":"Consideration of application","content":"38B Consideration of application\n(1) The Director must consider an application made under section 38A\n(3) The Director must not issue a minibus licence to a person who is\nnot accredited at the time the licence is granted.\n\nCommercial Passenger (Road) Transport Act 1991 29\n(4) The Director must not grant a minibus licence to a person unless, at\nthe time the licence is granted, the minibus endorsed on the licence\nis registered under the Motor Vehicles Act 1949 in the name of the\n","sortOrder":66},{"sectionNumber":"38C","sectionType":"section","heading":"Registration number to be endorsed on licence","content":"38C Registration number to be endorsed on licence\nA minibus licence is to have endorsed on it the registration number\nas contained on the number plates issued under the Motor Vehicles\n","sortOrder":67},{"sectionNumber":"38D","sectionType":"section","heading":"Conditions of minibus licence","content":"38D Conditions of minibus licence\n(1) A minibus licence is subject to the conditions that the Director\n(2) The Director may, from time to time, by written notice to a minibus\nlicence holder, amend or revoke the conditions of the licence or add\nnew conditions.\n(3) The conditions of a minibus licence are to be substantially the same\nfor all minibus licences unless the Director is satisfied, on stated\ngrounds in a particular case, that different conditions are\n(4) The Director may require the holder of a minibus licence to return it\nto the Director for a replacement licence to be issued specifying\nnew or amended conditions.\n(5) The Director may require the holder of a minibus licence to join a\n(6) It is a condition of a minibus licence that the minibus endorsed on\nthe licence is used as a minibus and is maintained to the approved\nstandard.\n(7) It is a condition of a minibus licence that the minibus endorsed on\nthe licence is registered under the Motor Vehicles Act 1949 in the\nname of the minibus licence holder.\n(8) It is a condition of a minibus licence that the holder of the licence is\nto ensure that any injury to a person arising out of or in the course\nof the person's engagement to drive the minibus endorsed on the\nlicence is covered by a policy of insurance.\n38DA Substitute minibus licence\n(1) An accredited operator of a minibus licence may apply to the\nDirector for a substitute minibus licence for an approved motor\nvehicle to be used as a minibus during periods when the licensed\n\nCommercial Passenger (Road) Transport Act 1991 30\nminibus is being serviced, maintained or repaired or is for any other\nreason unavailable for use.\n(2) An application under subsection (1) must be in the approved form\nand accompanied by the prescribed fee (if any).\n(3) The Director may require an applicant for a substitute minibus\nlicence to provide further information.\n(4) The Director may issue a substitute minibus licence, subject to\nsubsection (5) and any other conditions the Director considers\nappropriate.\n(5) It is a condition of every substitute minibus licence that, except as\notherwise authorised by the Director, the motor vehicle in respect of\nwhich the licence is granted is not to be used as a minibus unless it\nhas affixed to it the identification plate or plates approved by the\nDirector under this Act.\n","sortOrder":68},{"sectionNumber":"38E","sectionType":"section","heading":"Minibus to operate in minibus area","content":"38E Minibus to operate in minibus area\n(1) The Director must specify in a minibus licence the minibus area\nwithin which the holder of the licence may operate the minibus\nendorsed on the licence.\n(2) A person must not operate a minibus within a minibus area that is\nnot specified in the minibus licence.\n(3) Despite subsection (2), a person may operate a minibus within a\nminibus area that is not specified in the minibus licence if the\npassengers are driven:\n(a) into the minibus area from a place outside the minibus area; or\n(b) from within the minibus area to a place outside the minibus\narea on the return journey by a direct route to the place from\nwhich the passengers were driven into the minibus area.\n","sortOrder":69},{"sectionNumber":"38F","sectionType":"section","heading":"Effect of minibus licence","content":"38F Effect of minibus licence\nA minibus licence authorises the holder, subject to the conditions\nspecified in the licence and the holder's accreditation, to operate a\nminibus:\n(a) subject to paragraph (b) and section 38E(3), within the\nminibus area specified in the licence and in any other place in\nthe Territory that is outside other minibus areas; and\n(b) anywhere in the Territory for pre-booked charters or tours.\n\nCommercial Passenger (Road) Transport Act 1991 31\n","sortOrder":70},{"sectionNumber":"38G","sectionType":"section","heading":"Term of minibus licence","content":"38G Term of minibus licence\n(1) A minibus licence remains in force, unless sooner surrendered,\n38GA Renewal of minibus licence\n(1) A minibus licence may be renewed by the Director on application\nmade on an approved form accompanied by the prescribed fee.\napplication were for a new minibus licence.\n","sortOrder":71},{"sectionNumber":"38H","sectionType":"section","heading":"Surrender of minibus licence","content":"38H Surrender of minibus licence\n(1) The holder of a minibus licence may surrender the licence to the\nDirector before the licence expires.\n(2) A person who surrenders a minibus licence is entitled to a refund of\na proportionate amount of the fee paid at the time of the application\nfor the grant or last renewal of the licence (as applicable) in respect\nof each day of the unexpired term of the licence but only if there are\nat least 7 days (not including the day of surrender) remaining in the\nunexpired term.\n","sortOrder":72},{"sectionNumber":"38J","sectionType":"section","heading":"Director may grant exemption","content":"38J Director may grant exemption\n(1) The Director may exempt a class of operators of minibuses, or an\noperation using minibuses, from the requirement to hold a minibus\n\nCommercial Passenger (Road) Transport Act 1991 32\n","sortOrder":73},{"sectionNumber":"38K","sectionType":"section","heading":"Minibuses may use bus stops outside route service hours","content":"38K Minibuses may use bus stops outside route service hours\ndriver of a minibus that is available for hire may park or stand the\nminibus in a bus stop in an urban service area outside route service\nhours.\n(2) The driver of a minibus who parks or stands the minibus in a bus\nstop other than in accordance with subsection (1) commits an\noffence.\n","sortOrder":74},{"sectionNumber":"38L","sectionType":"section","heading":"Courtesy vehicle licence","content":"38L Courtesy vehicle licence\n(1) Subject to this Act, a person who proposes to operate a courtesy\nvehicle must hold a courtesy vehicle licence before commencing\nthe operation.\n(2) An application for a courtesy vehicle licence is to be made on an\napproved form.\n","sortOrder":75},{"sectionNumber":"38M","sectionType":"section","heading":"Consideration of application","content":"38M Consideration of application\nsection 38L(2) and may, subject to this Act:\n(2) For subsection (1), the Director may require an applicant to provide\nfurther information.\n(3) The Director must not grant a courtesy vehicle licence to a person\nwho is not accredited at the time the licence is granted.\n\nCommercial Passenger (Road) Transport Act 1991 33\n(4) The Director must not grant a courtesy vehicle licence to a person\nunless, at the time the licence is granted, the courtesy vehicle\nAct 1949 in the name of the person.\n","sortOrder":76},{"sectionNumber":"38N","sectionType":"section","heading":"Registration number to be endorsed on licence","content":"38N Registration number to be endorsed on licence\nA courtesy vehicle licence is to have endorsed on it the registration\nnumber of the courtesy vehicle as contained on the number plates\nissued under the Motor Vehicles Act 1949.\n","sortOrder":77},{"sectionNumber":"38P","sectionType":"section","heading":"Conditions of courtesy vehicle licence","content":"38P Conditions of courtesy vehicle licence\n(1) A courtesy vehicle licence is subject to the conditions that the\nDirector thinks fit and specifies in the licence.\nof a courtesy vehicle licence, amend or revoke the conditions of the\n(3) The conditions of a courtesy vehicle licence are to be substantially\nthe same for all courtesy vehicle licences unless the Director is\n(4) The Director may require the holder of a courtesy vehicle licence to\nreturn it to the Director for a replacement licence to be issued\n(5) It is a condition of a courtesy vehicle licence that the courtesy\nvehicle endorsed on the licence be used as a courtesy vehicle and\nis maintained to an approved standard.\n(6) It is a condition of a courtesy vehicle licence that the courtesy\nvehicle endorsed on the licence is registered under the Motor\nVehicles Act 1949 in the name of the holder of the licence.\n","sortOrder":78},{"sectionNumber":"38Q","sectionType":"section","heading":"Effect of courtesy vehicle licence","content":"38Q Effect of courtesy vehicle licence\nA courtesy vehicle licence authorises the holder to operate the\ncourtesy vehicle endorsed on the licence in accordance with the\nconditions specified in the licence and the holder's accreditation.\n","sortOrder":79},{"sectionNumber":"38R","sectionType":"section","heading":"Term of courtesy vehicle licence","content":"38R Term of courtesy vehicle licence\nA courtesy vehicle licence remains in force, unless sooner\ncancelled or suspended under this Act, for 12 months from the day\nit is granted or renewed.\n\nCommercial Passenger (Road) Transport Act 1991 34\n","sortOrder":80},{"sectionNumber":"38S","sectionType":"section","heading":"Renewal of courtesy vehicle licence","content":"38S Renewal of courtesy vehicle licence\n(1) A courtesy vehicle licence may be renewed by the Director on\napplication made on an approved form accompanied by the\napplication were for a new courtesy vehicle licence.\n","sortOrder":81},{"sectionNumber":"38T","sectionType":"section","heading":"Director may grant exemption","content":"38T Director may grant exemption\n(1) The Director may exempt a person proposing to operate a courtesy\nvehicle from the requirement to hold a courtesy vehicle licence.\n(2) The Director may exempt a class of operators of courtesy vehicles,\nor an operation using courtesy vehicles, from the requirement to\nhold a courtesy vehicle licence.\n","sortOrder":82},{"sectionNumber":"39","sectionType":"section","heading":"Motor omnibus licence","content":"39 Motor omnibus licence\n(1) Subject to this Act, a person who proposes to operate a motor\nomnibus shall, before commencing the operation, hold a motor\nomnibus licence.\n(2) An application for a motor omnibus licence shall be made on an\napproved form accompanied by the prescribed fee (if any).\n\nCommercial Passenger (Road) Transport Act 1991 35\n","sortOrder":83},{"sectionNumber":"40","sectionType":"section","heading":"Consideration of application","content":"40 Consideration of application\n(1) The Director shall consider an application made under section 39\n(2) For the purposes of subsection (1) the Director may require an\n(3) The Director shall not issue a motor omnibus licence pursuant to\nthis section if, at the time of its grant, the proposed grantee is not\naccredited.\n","sortOrder":84},{"sectionNumber":"40A","sectionType":"section","heading":"Registration numbers to be endorsed on licence","content":"40A Registration numbers to be endorsed on licence\nA motor omnibus licence is to have endorsed on it the registration\nnumber of each motor omnibus to which the licence relates as\ncontained on the number plates issued under the Motor Vehicles\n","sortOrder":85},{"sectionNumber":"41","sectionType":"section","heading":"Conditions of motor omnibus licence","content":"41 Conditions of motor omnibus licence\n(1) A motor omnibus licence shall be subject to such conditions, if any,\n(3) The Director may require the holder of a licence to return it to the\nDirector for a replacement certificate to be issued specifying new or\n(4) Without limiting subsection (1), the Director may impose conditions\nrelating to any of the following:\n(a) the safety of vehicles operating under the licence;\n(b) notification, display and publication of fares;\n(c) relief requirements in the event of disruption of services.\n\nCommercial Passenger (Road) Transport Act 1991 36\n","sortOrder":86},{"sectionNumber":"42","sectionType":"section","heading":"Effect of motor omnibus licence","content":"42 Effect of motor omnibus licence\nA motor omnibus licence authorises the holder, subject to the\nconditions specified in the licence and in relation to the holder's\naccreditation:\n(a) to operate a motor omnibus anywhere in the Territory for\npre-booked charters and tours;\n(b) to operate a motor omnibus route service anywhere in the\nTerritory except:\n(i) on or in relation to a route declared under section 46 to\nbe a pioneer route; or\n(ii) subject to section 47(2), in an urban service area;\n(c) to stand and ply for hire only as part of a motor omnibus route\nservice;\n(d) to ply for hire at any place outside a taxi area or minibus area\nin accordance with the Regulations; and\n(e) to ply for hire in a prescribed taxi area in accordance with the\nRegulations.\n","sortOrder":87},{"sectionNumber":"43","sectionType":"section","heading":"Term of motor omnibus licence, renewal","content":"43 Term of motor omnibus licence, renewal\n(1) A motor omnibus licence remains in force, unless sooner cancelled\nor suspended under this Act, for a period of 3 years from the day of\nits grant, but may be renewed by the Director upon application\nmade in that behalf in the approved form accompanied by payment\nof the prescribed fee (if any).\naccount if the application were for a new motor omnibus licence.\n","sortOrder":88},{"sectionNumber":"44","sectionType":"section","heading":"Director may grant exemption","content":"44 Director may grant exemption\n(1) The Director may exempt a class of operators of motor omnibuses,\nor an operation using omnibuses, from the requirement to hold a\nmotor omnibus licence.\n\nCommercial Passenger (Road) Transport Act 1991 37\n","sortOrder":89},{"sectionNumber":"45","sectionType":"section","heading":"Director may amend route, &c.","content":"45 Director may amend route, &c.\n(1) Where, in relation to a motor omnibus operation advertised or held\nout to provide a regular passenger service, the Director considers\nthat a route, timetable or practice of the operation may adversely\naffect the safety of a person or the safety of a vehicle, the Director\nmay, by notice in writing, order the operator of the service to amend\nthe route, timetable or practice in accordance with any\nrequirements specified in the notice.\n(2) An operator to which subsection (1) applies shall comply with and\nnot contravene an order of the Director under that subsection.\n","sortOrder":90},{"sectionNumber":"46","sectionType":"section","heading":"Pioneer routes","content":"46 Pioneer routes\n(1) Where the Director is satisfied that, without protection under this\nsection:\n(a) a motor omnibus route service (being a route service that has\nbeen in operation for less than 12 months) is unlikely to be\ncontinued; or\n(b) a proposed motor omnibus route service for an unserviced\nroute is unlikely to be proceeded with,\nthe Director may, by notice in the Gazette, declare the route to be a\npioneer route.\n(2) A declaration under subsection (1) gives the operator or proposed\noperator of the route service on the pioneer route exclusive rights of\nroute service operation on that route in the same manner and to the\nsame extent as exist or are proposed at the date the declaration is\nmade, subject to such conditions as are specified in the notice, for a\nperiod of 12 months commencing with the day of publication of the\nnotice.\n(3) If, on application made in that behalf before the expiry of the\n12 month period specified in subsection (2), the Director, after a\nreview of the operations of the operator of the route service on a\npioneer route, is satisfied that protection is still needed to maintain\nthe route service, the Director may extend, by notice in the Gazette,\nthe protection under subsection (2) for one further consecutive\n\nCommercial Passenger (Road) Transport Act 1991 38\nperiod not exceeding 12 months.\n","sortOrder":91},{"sectionNumber":"47","sectionType":"section","heading":"Urban service areas","content":"47 Urban service areas\n(1) The Director may, by notice in the Gazette, declare an area\nspecified in the notice, being an area wholly or partly urban, to be a\nmotor omnibus urban route service area (in this Act referred to as\nan urban service area).\n(2) The Director may, in a notice under subsection (1), declare that a\nroute or service specified in the notice is excluded from the urban\nservice area.\n(3) A person shall not operate a motor omnibus route service in an\nurban service area without first holding an urban service area\nlicence issued under section 48.\n","sortOrder":92},{"sectionNumber":"48","sectionType":"section","heading":"Application for urban service area licence","content":"48 Application for urban service area licence\n(1) A person may apply to the Director for an urban service area\nlicence in respect of a route service in an urban service area.\n(2) An application under subsection (1) shall contain such information\nas the Director may require and shall be accompanied by the\n(3) The Director may, on receiving an application under subsection (1),\nand subject to this section, grant or refuse the application.\n(4) The Director shall not grant an application under subsection (3) for\na pioneer route declared within an urban service area.\n(5) In considering an application under this section for an urban service\narea licence in respect of a route (not being a pioneer route) where\nanother urban service area licence is in force, the Director shall,\nbefore granting the application, take into account the possible\neffects the additional service could have on the existing operation.\n","sortOrder":93},{"sectionNumber":"49","sectionType":"section","heading":"Director may prohibit or restrict other services in urban","content":"49 Director may prohibit or restrict other services in urban\nservice area, recovery of loss\n(1) Where a person commences a motor omnibus service (not being a\nroute service) wholly or partly on a route in an urban service area\nfor which an urban service area licence is in force, the Director\nmay, if satisfied that the service affects or is likely to affect the\nlicensed route service, direct the person, by notice in writing, to\ncease or restrict the service within such time and on such\nconditions as may be specified in the notice.\n\nCommercial Passenger (Road) Transport Act 1991 39\n(2) A person found guilty of an offence under subsection (1) of failing to\ncomply with a direction of the Director shall, whether a conviction is\nentered or penalty imposed in respect of the offence or not, be\nliable to pay to the operator of the route service affected any\nfinancial loss on the service caused or likely to have been caused\nby the failure to comply, which loss shall be assessed by the court\nbefore which the defendant appears and recovered in a like manner\nto a monetary penalty.\n","sortOrder":94},{"sectionNumber":"50","sectionType":"section","heading":"Conditions of urban service area licence","content":"50 Conditions of urban service area licence\n(1) An urban service area licence is subject to such conditions, if any,\n(3) The Director may require the holder of a licence to return it to the\n(4) Without limiting the generality of subsection (1), the Director may\nimpose conditions relating to:\n(a) the safety of vehicles operating under the licence;\n(b) notification, display and publication of fares; and\n(c) relief requirements, in the event of disruption of services.\n","sortOrder":95},{"sectionNumber":"51","sectionType":"section","heading":"Director may delegate management of motor omnibus urban","content":"51 Director may delegate management of motor omnibus urban\nroute service area\n(1) The Director may, subject to such terms and conditions as may be\nagreed, delegate to a person all or any of the powers and functions\nof the Director in relation to motor omnibuses or motor omnibus\nservices in an urban service area.\n(2) A delegation under subsection (1) may be revoked by the Director\nby agreement, or after the expiration of a period of no less than 12\nmonths commencing with the day on which notice in writing of the\nproposed revocation is given to the delegate.\n\nCommercial Passenger (Road) Transport Act 1991 40\n","sortOrder":96},{"sectionNumber":"52","sectionType":"section","heading":"Tourist vehicle licence","content":"52 Tourist vehicle licence\n(1) Subject to this Act, a person who proposes to operate a motor\nvehicle as a tourist vehicle shall, before commencing the operation,\nhold a tourist vehicle licence.\n(2) An application for a tourist vehicle licence shall be made on an\napproved form accompanied by the prescribed fee (if any).\n","sortOrder":97},{"sectionNumber":"53","sectionType":"section","heading":"Consideration of application","content":"53 Consideration of application\n(1) The Director shall consider an application made under section 52\n(3) The Director shall not issue a tourist vehicle licence pursuant to this\nsection if, at the time of its grant, the proposed grantee is not\naccredited.\n","sortOrder":98},{"sectionNumber":"53A","sectionType":"section","heading":"Registration numbers to be endorsed on licence","content":"53A Registration numbers to be endorsed on licence\nA tourist vehicle licence is to have endorsed on it the registration\nnumber of each tourist vehicle to which the licence relates as\ncontained on the number plates issued under the Motor Vehicles\n","sortOrder":99},{"sectionNumber":"54","sectionType":"section","heading":"Conditions of tourist vehicle licence","content":"54 Conditions of tourist vehicle licence\n(1) A tourist vehicle licence shall be subject to such conditions, if any,\n\nCommercial Passenger (Road) Transport Act 1991 41\nsame for all tourist vehicle licences unless the Director is satisfied,\non stated grounds in a particular case, that different conditions are\n(4) The Director may require the holder of a licence to return it to the\n","sortOrder":100},{"sectionNumber":"55","sectionType":"section","heading":"Effect of tourist vehicle licence","content":"55 Effect of tourist vehicle licence\nA tourist vehicle licence authorises the holder to operate a tourist\nvehicle in accordance with the conditions specified in the licence\nand in relation to the holder's accreditation.\n","sortOrder":101},{"sectionNumber":"56","sectionType":"section","heading":"Term of tourist vehicle licence, renewal","content":"56 Term of tourist vehicle licence, renewal\n(1) A tourist vehicle licence remains in force, unless sooner cancelled\nor suspended under this Act, for 3 years from the day of its grant,\nbut may be renewed by the Director on application made in the\napproved form accompanied by payment of the prescribed fee (if\nany).\naccount if the application were for a new tourist vehicle licence.\n","sortOrder":102},{"sectionNumber":"57","sectionType":"section","heading":"Director may grant exemption","content":"57 Director may grant exemption\n(1) The Director may exempt a class of operators of tourist vehicles, or\nan operation using tourist vehicles, from the requirement to hold a\ntourist vehicle licence.\n\nCommercial Passenger (Road) Transport Act 1991 42\n","sortOrder":103},{"sectionNumber":"58","sectionType":"section","heading":"Special passenger vehicle licences","content":"58 Special passenger vehicle licences\n(1) Subject to this Act, a person who proposes to operate a special\npassenger vehicle shall, before commencing the operation, hold a\nspecial passenger vehicle licence.\n(2) An application for a special passenger vehicle licence shall be\nmade on an approved form accompanied by the prescribed fee (if\nany).\n","sortOrder":104},{"sectionNumber":"59","sectionType":"section","heading":"Consideration of application","content":"59 Consideration of application\n(1) The Director shall consider an application made under section 58\n(3) The Director shall not issue a special passenger vehicle licence\npursuant to this section if, at the time of its grant, the proposed\ngrantee is not accredited.\n","sortOrder":105},{"sectionNumber":"59A","sectionType":"section","heading":"Registration numbers to be endorsed on licence","content":"59A Registration numbers to be endorsed on licence\nA special passenger vehicle licence is to have endorsed on it the\nregistration number of each special passenger vehicle to which the\nlicence relates as contained on the number plates issued under the\nMotor Vehicles Act 1949.\n","sortOrder":106},{"sectionNumber":"60","sectionType":"section","heading":"Conditions of special passenger vehicle licence","content":"60 Conditions of special passenger vehicle licence\n(1) A special passenger vehicle licence shall be subject to such\nconditions, if any, as the Director thinks fit and specifies in the\n\nCommercial Passenger (Road) Transport Act 1991 43\nsame for all special passenger vehicle licences unless the Director\nis satisfied, on stated grounds in a particular case, that different\n(4) The Director may require the holder of a licence to return it to the\n","sortOrder":107},{"sectionNumber":"61","sectionType":"section","heading":"Effect of special passenger vehicle licence","content":"61 Effect of special passenger vehicle licence\nA special passenger vehicle licence authorises the holder to\noperate a special passenger vehicle in accordance with the\nconditions specified in the licence and in relation to the holder's\n","sortOrder":108},{"sectionNumber":"62","sectionType":"section","heading":"Term of special passenger vehicle licence, renewal","content":"62 Term of special passenger vehicle licence, renewal\n(1) A special passenger vehicle licence remains in force, unless sooner\ncancelled or suspended under this Act, for 12 months from the day\nof its grant, but may be renewed by the Director on application\nmade in the approved form accompanied by payment of the\naccount if the application were for a new special passenger vehicle\n","sortOrder":109},{"sectionNumber":"63","sectionType":"section","heading":"Director may grant exemption","content":"63 Director may grant exemption\n(1) The Director may exempt a class of operators of special passenger\nvehicles, or an operation using special passenger vehicles, from the\nrequirement to hold a special passenger vehicle licence.\n\nCommercial Passenger (Road) Transport Act 1991 44\n","sortOrder":110},{"sectionNumber":"64","sectionType":"section","heading":"Appointment of inspectors","content":"64 Appointment of inspectors\n(1) The Director may, by notice in writing, appoint a person to be an\ninspector for the purposes of this Act.\n(2) A member of the Police Force is an inspector.\n(3) An inspector under this section shall have and may exercise such\npowers and perform such functions as the Director determines\neither generally for a class or classes of inspectors or specifically in\na particular case.\n(4) The Director shall issue to each inspector appointed under\nsubsection (1) an identity card containing a passport-type\nphotograph and the signature of the inspector verified by the\nsignature of the Director.\n","sortOrder":111},{"sectionNumber":"65","sectionType":"section","heading":"Inspection of premises","content":"65 Inspection of premises\n(1) An inspector may enter, at all reasonable times, premises used by\nthe holder of an operator's accreditation or licence as the place\nfrom which the business authorised by the accreditation or licence\nis conducted or where any records relating to the business are kept,\nand:\n(a) inspect the premises and any motor vehicle found there;\n(b) require any person there to answer questions (but not if the\nanswer might tend to incriminate the person) or produce\nrecords under the person's control concerning any business\napparently carried on there;\n(c) make copies of or take extracts from records so produced;\n(d) make such examination and inquiry as the inspector considers\nnecessary to ascertain whether the provisions of this Act or\nthe Regulations are being or have been complied with; and\n(e) take such photographs as the inspector considers necessary\nin connection with the administration of this Act.\n(2) An inspector is not entitled to enter:\n(a) any premises other than at the times specified in\nsubsection (1); or\n(b) a room used solely for residential purposes,\n\nCommercial Passenger (Road) Transport Act 1991 45\nexcept with the consent of the occupier or where accompanied by a\nmember of the Police Force acting under the authority of a search\nwarrant.\n(3) An inspector shall not prevent or hinder the occupier of any\npremises, or the occupier's delegate, from accompanying the\ninspector when exercising a function under this Act on those\npremises.\n","sortOrder":112},{"sectionNumber":"66","sectionType":"section","heading":"Inspection of motor vehicles","content":"66 Inspection of motor vehicles\nWhere an inspector has reason to believe that a motor vehicle is\nbeing used to carry passengers for hire or reward, the inspector\nmay:\n(a) stop the vehicle;\n(b) direct the driver to produce for inspection any licence or other\ndocument granted under this Act;\n(c) direct any person to alight from, or not to enter, the vehicle;\n(d) require information as to the use of the vehicle from the\noperator or any hirer or passenger, and require any such\nperson to furnish particulars of the person's name and\naddress;\n(e) require any person there to answer questions (but not if the\nanswer might tend to incriminate the person); and\n(f) inspect the vehicle.\n","sortOrder":113},{"sectionNumber":"67","sectionType":"section","heading":"Inspector to produce identity card","content":"67 Inspector to produce identity card\nAn inspector, on first entering premises under section 65 or on\nstopping or first entering a motor vehicle under section 66 shall, if\nrequested to do so, produce the inspector's identity card or, where\nthe inspector is a member of the Police Force but is not in uniform,\nevidence of membership of the Police Force to the occupier of the\npremises or, as the case may be, driver of the motor vehicle.\n","sortOrder":114},{"sectionNumber":"68","sectionType":"section","heading":"Inspector may require defects to be remedied or dangerous","content":"68 Inspector may require defects to be remedied or dangerous\npractices to cease\n(1) Where, after inspecting any premises or motor vehicle, an inspector\nconsiders that any matter or thing or practice connected with the\nbusiness carried out by the holder of an operator's accreditation or\nlicence is defective or unnecessarily dangerous so that, in the\nopinion of the inspector, it is likely to endanger public safety or the\nsafety of any person or to endanger any property, the inspector (or\n\nCommercial Passenger (Road) Transport Act 1991 46\nany other inspector) may require the person carrying out that\npractice or the agent of that person to remedy the defect or cease\nthe practice within such time as is specified in writing, but where, in\nthe opinion of the inspector, the defect or practice is likely to be of\nimmediate danger, the inspector may require the person\nresponsible to remedy the defect or cease the practice forthwith.\n(2) The Director may exercise the powers conferred by subsection (1)\nwhether an inspection of any premises or motor vehicle has been\nmade or not.\n(3) Where an inspector has required any person to remedy any defect\nor to cease any practice within a time specified in writing and that\nperson has failed to comply with that requirement, then, if the\ninspector is satisfied that steps have been taken to comply but that\nperson has been prevented by reasonable cause from completing\nthe necessary action within the time specified, the inspector may\nextend the time specified for such further period as the inspector\nthinks fit.\n","sortOrder":115},{"sectionNumber":"69","sectionType":"section","heading":"Offences relating to inspectors","content":"69 Offences relating to inspectors\nA person who:\n(a) contravenes or fails to comply with a direction or requirement\nof an inspector; or\n(b) furnishes false information or wilfully hinders or obstructs,\nmisleads, intimidates or threatens an inspector exercising the\npowers of an inspector,\nis guilty of an offence.\n","sortOrder":116},{"sectionNumber":"69A","sectionType":"section","heading":"Licence not transferable","content":"69A Licence not transferable\nA licence is not transferable by the holder of the licence.\n\nCommercial Passenger (Road) Transport Act 1991 47\n","sortOrder":117},{"sectionNumber":"70","sectionType":"section","heading":"Driver to be licensed under Motor Vehicles Act 1949","content":"70 Driver to be licensed under Motor Vehicles Act 1949\nA person shall not drive a motor vehicle while it is being used to\ncarry passengers for hire or reward unless the person:\n(a) is licensed under the Motor Vehicles Act 1949 to drive the\nmotor vehicle; or\n(b) is a person to whom section 32 of the Traffic Act 1987 applies.\n","sortOrder":118},{"sectionNumber":"71","sectionType":"section","heading":"Communications and dispatch networks","content":"71 Communications and dispatch networks\n(1) A person who proposes to operate a communications or dispatch\nnetwork may apply in writing to the Director for approval of the\nnetwork.\n(2) An application under subsection (1) must:\n(a) contain the information required by the Director; and\n(b) be accompanied by the prescribed fee (if any).\n(3) The Director must consider an application under subsection (1) and\nmay:\n(a) approve the network; or\n(b) allow the applicant to amend the application and approve the\nnetwork on receipt of the amended application; or\n(c) refuse to approve the network.\n(4) The Director may require the applicant to provide further\ninformation for the purposes of considering the applicant's\napplication.\n(5) The Director may:\n(a) approve a network under subsection (3) subject to the\nconditions the Director thinks appropriate; or\n(b) from time to time, by written notice to the operator of an\napproved network, amend or revoke the conditions of the\napproval or add new conditions.\n(6) The Director may suspend or revoke the approval of a\ncommunications or dispatch network.\n\nCommercial Passenger (Road) Transport Act 1991 48\n(6A) A person commits an offence if:\n(a) the person operates a communications or dispatch network;\nand\n(b) the network is not an approved network.\n(6B) A person commits an offence if the person:\n(a) is the operator of an approved network; and\n(b) contravenes or fails to comply with a condition of the network\napproval.\n(7) The Director may, from time to time, require the operator of an\napproved network to provide the Director with any information\nrequired by the Director in relation to:\n(a) the operation of the network; or\n(b) the terms and conditions under which the network is made\navailable to the operators of commercial passenger vehicles.\n(7A) A person:\n(a) must comply with a requirement under subsection (7); and\n(b) must not, in purported compliance with a requirement under\nsubsection (7), provide the Director with information that the\nperson knows is false or materially misleading.\n(8) It is a condition of every approval given under this section that, if\nrequested by the Director in relation to a specified holder of a\nlicence, the operator of the communications or dispatch network\nrequested will allow that holder to participate in the use of the\nnetwork on the same terms and conditions as other users\nnotwithstanding any rule of the operator of the network which would\notherwise preclude the holder from participating.\n(8A) A person must comply with a request by the Director referred to in\nsubsection (8).\n\nCommercial Passenger (Road) Transport Act 1991 49\n(9) A person must not interfere with a communications or dispatch\nnetwork.\n(10) In this section:\napproved network means a communications or dispatch network\napproved by the Director under subsection (3).\ncommunications or dispatch network means a network for:\n(a) communicating with, controlling or coordinating commercial\npassenger vehicles used to carry passengers for hire or\nreward; or\n(b) accepting bookings for the use of commercial passenger\nvehicles for hire or reward or allocating commercial passenger\nvehicles for hire or reward on pre-booked journeys.\noperator, of a communications or dispatch network, means the\nperson who maintains or provides the network or makes the\nnetwork available to others for use.\n","sortOrder":119},{"sectionNumber":"72","sectionType":"section","heading":"Codes of conduct","content":"72 Codes of conduct\n(1) The Director may approve codes of conduct to apply to and in\nrelation to the driver, owner or operator of a commercial passenger\nvehicle, to a passenger on such a vehicle or the operator of a\n(2) If a code of conduct is approved under subsection (1), a driver,\nowner or operator of a commercial passenger vehicle or an\noperator of a communications or dispatch network approved under\nsection 71 who contravenes or fails to comply with the code is guilty\nof an offence.\n","sortOrder":120},{"sectionNumber":"73","sectionType":"section","heading":"Conditions relating to carriage of passengers","content":"73 Conditions relating to carriage of passengers\n(1) The Director may approve, generally in relation to all operators of a\ncommercial passenger vehicle, or a class of operators or\noperations, or specifically in relation to an operator or an operation,\nconditions under which the operator will accept a passenger in the\ncommercial passenger vehicle to which the conditions relate.\n\nCommercial Passenger (Road) Transport Act 1991 50\n(2) Without limiting the generality of subsection (1), conditions may be\nimposed which relate to:\n(a) the cleanliness;\n(b) the dress;\n(c) the sobriety; or\n(d) the general behaviour,\nof a passenger; or\n(e) passengers suffering from an infectious disease.\n","sortOrder":121},{"sectionNumber":"74","sectionType":"section","heading":"Driver must hold identity card or approved form of","content":"74 Driver must hold identity card or approved form of\nidentification\n(1) A person must not drive a commercial passenger vehicle of a class\nprescribed by regulation unless the person holds:\n(a) an identity card issued by the Director for that class of vehicle;\nor\n(b) another form of identification approved by the Director under\nsubsection (10).\n(2) The Director may, on application, issue a person with an identity\ncard for a class of commercial passenger vehicle if the Director is\nsatisfied that the person:\n(a) holds a licence under the Motor Vehicles Act 1949 to drive a\ncommercial passenger vehicle of that class;\n(b) is a fit and proper person to drive a commercial passenger\nvehicle of that class; and\n(c) has paid the prescribed fee (if any).\n(3) For subsection (2)(b), the Director may approve training standards\nand other matters required to be met by an applicant for an identity\ncard.\n(4) An identity card remains in force, unless sooner surrendered,\ncancelled or suspended under this section, for the period the\nDirector approves.\n\nCommercial Passenger (Road) Transport Act 1991 51\n(5) The Director may, on application, renew a person's identity card for\nthe period the Director approves if satisfied:\n(a) that, if the person were applying for the issue of the identity\ncard, the Director would grant the application; and\n(b) that the person has paid the prescribed fee (if any).\n(6) A person who holds an identity card issued under subsection (2)\nmay surrender the identity card to the Director.\n(7) If the Director is satisfied that a person who holds an identity card\nissued under subsection (2) is not a fit and proper person to drive a\ncommercial passenger vehicle of the class for which the identity\ncard is issued, the Director may:\n(a) cancel the identity card; or\n(b) suspend the identity card for the period the Director thinks fit.\n(8) For subsection (7), a person who holds an identity card issued\nunder subsection (2) is not a fit and proper person if, were the\nperson applying for the issue of the identity card, the Director would\nrefuse the application.\n(9) If a person's identity card is lost or destroyed, the Director must\nissue the person with a replacement on payment of the prescribed\nfee (if any).\n(10) Despite anything to the contrary in this section, the Director may, in\nwriting, approve other forms of identification to be used by a person\ninstead of an identity card issued under subsection (2).\n","sortOrder":122},{"sectionNumber":"74A","sectionType":"section","heading":"Director may prohibit use of place to stand or ply for hire","content":"74A Director may prohibit use of place to stand or ply for hire\nThe Director may, by notice in the Gazette, declare that a class of\ncommercial passenger vehicle is prohibited from using a specified\nplace to stand or ply for hire, whether or not the use of the place for\nthat purpose was previously authorised under this Act.\n","sortOrder":123},{"sectionNumber":"74B","sectionType":"section","heading":"Offence to contravene licence conditions","content":"74B Offence to contravene licence conditions\nA person commits an offence if the person:\n(a) is the holder of a licence; and\n\nCommercial Passenger (Road) Transport Act 1991 52\n(b) contravenes or fails to comply with a condition of the licence.\n","sortOrder":124},{"sectionNumber":"75","sectionType":"section","heading":"Cancellation or suspension of accreditation or licence","content":"75 Cancellation or suspension of accreditation or licence\n(1) Where the Director is satisfied that:\n(a) an accredited operator has contravened or failed to comply\nwith a condition of his or her accreditation; or\n(b) a commercial passenger vehicle is being or has been\noperated in contravention of or otherwise than in accordance\nwith a licence; or\n(ba) a person or responsible person for a body corporate has failed\nto comply with a request from the Director under\nsection 75D(5) or (6);\nthe Director may:\n(c) cancel the accreditation and/or licence; or\n(d) suspend the accreditation and/or licence for such period,\nbeing not longer than 4 weeks, as the Director thinks fit.\n(2) Where the Director is satisfied that an accredited operator or the\nholder of a licence is not a fit and proper person to be accredited or\nhold a licence, the Director may:\n(a) cancel the accreditation or licence; or\n(b) suspend the accreditation or licence for such period as the\nDirector thinks fit.\n(3) For the purposes of subsection (2), an accredited operator or the\nholder of a licence is not a fit and proper person to be accredited or\nto hold the licence in any case where, if the operator or holder of\nthe licence were to apply for accreditation or the licence at the time\nthe Director was considering the matter, the application would be\nrefused.\n(3A) If the Director is satisfied that a responsible person for a body\ncorporate that is an accredited operator is not a fit and proper\nperson for the purposes of accreditation of the body corporate, the\nDirector may:\n(a) cancel the accreditation of the body corporate; or\n\nCommercial Passenger (Road) Transport Act 1991 53\n(b) suspend the accreditation of the body corporate for such a\nperiod as the Director thinks fit.\n(3B) For the purposes of subsection (3A), the responsible person for a\nbody corporate that is an accredited operator is not a fit and proper\nperson if the responsible person were to apply for accreditation as\nan individual and the application would be refused.\n(3C) In addition to subsections (2) and (3A), the Director must have\nregard to the following in considering whether the accredited\noperator, holder of a licence or a responsible person for a body\ncorporate that is an accredited operator is fit and proper under\nsubsection (2) or (3A):\n(a) whether the operator, holder of the licence or responsible\nperson has shown a pattern of committing offences;\n(b) any other circumstances concerning the operator, holder of\nthe licence or responsible person the Director considers\nrelevant.\n(3D) The Director must suspend the accreditation of an accredited\noperator that is a body corporate if the body corporate ceases to\nhave any responsible persons because section 9(3)(c) applies to\neach responsible person for the body corporate.\n(3E) The Director must revoke the suspension under subsection (3D)\nwhen a responsible person for the body corporate satisfies the\nDirector that section 9(3)(c) does not apply to the responsible\n(3F) A reasonable period after suspending the accreditation of a body\ncorporate under subsection (3D), the Director may cancel the\naccreditation of the body corporate if the body corporate does not\nhave any responsible persons because section 9(3)(c) applies to\neach responsible person for the body corporate.\n(4) The Director may cancel a licence where, in accordance with this\nAct, the application for the grant, renewal or transfer of the licence\nis accompanied by a means of payment (other than money) as\npayment of the prescribed fee for the application and the means of\npayment is dishonoured when duly presented for payment.\n(5) The Director shall cancel a taxi licence where:\n(a) a taxi has not been endorsed on the licence and operated as\nsuch for any continuous period of more than 3 months; or\n\nCommercial Passenger (Road) Transport Act 1991 54\n(b) the holder, being an individual, has not been ordinarily\nresident in the Territory for more than 6 months or, being a\nbody corporate, has ceased for more than 6 months to have\nits principal place of business in the Territory.\n(6) A cancellation or suspension under this section takes effect 7 days\nafter the day of the decision of the cancellation or suspension.\n(7) The Director must give written notice of a decision under this\nsection to the person for whom the decision is made.\n(8) The Territory is not liable for any loss or damage suffered by a\nperson because of a decision under this section.\n","sortOrder":125},{"sectionNumber":"75A","sectionType":"section","heading":"Cancellation of accreditation for disqualifying offence","content":"75A Cancellation of accreditation for disqualifying offence\n(1) The Director must cancel the accreditation of an accredited\noperator if the Director becomes aware that:\n(a) the operator has been convicted of a disqualifying offence,\nregardless of when the conviction occurred; or\n(b) if the operator is a body corporate – a responsible person for\nthe body corporate has been convicted of a disqualifying\noffence, regardless of when the conviction occurred.\n(2) Subsection (1) does not apply in relation to a conviction for a\ndisqualifying offence if:\n(a) the accredited operator's criminal record for the conviction is a\nspent record as defined in section 3(1) of the Criminal\nRecords (Spent Convictions) Act 1992; or\n(b) the accredited operator was discharged without any penalty\nbeing imposed for the conviction; or\n(c) the Chief Executive Officer has decided under section 76 that\nthe accredited operator may hold, or continue to hold, the\naccreditation despite the conviction; or\n(d) NTCAT has decided, on review of a decision mentioned in\nsection 76(1), that the accredited operator may hold, or\ncontinue to hold, the accreditation despite the conviction.\n(5) The Director must give written notice to the accredited operator of\nthe decision.\n(6) The cancellation takes effect 7 days after the day of the decision.\n\nCommercial Passenger (Road) Transport Act 1991 55\n(7) Subject to subsection (8), the lodging of an appeal against the\nconviction does not affect the operation of this section.\n(8) If the appeal is successful, the accredited operator's accreditation is\ntaken to be in force again on the decision on the appeal.\n(9) The Territory is not liable for any loss or damage suffered by the\naccredited operator because of the decision.\n(10) This section applies despite section 75.\n","sortOrder":126},{"sectionNumber":"75B","sectionType":"section","heading":"Suspension of accreditation for disqualifying offence","content":"75B Suspension of accreditation for disqualifying offence\n(1) If an accredited operator (or, if the accredited operator is a body\ncorporate, the responsible person for the body corporate) is\ncharged with a disqualifying offence, the Director may suspend the\naccreditation for the period the Director considers appropriate.\n(2) The Director must give written notice to the accredited operator of\nthe decision.\n(3) The suspension takes effect 7 days after the day of the decision.\n(4) If the accredited operator (or, if the accredited operator is a body\ncorporate, the responsible person for the body corporate)is not\nconvicted of the disqualifying offence, the operator's accreditation is\ntaken to be in force again on the decision on the charge.\n(5) The Territory is not liable for any loss or damage suffered by the\naccredited operator because of the decision.\n(6) This section applies despite section 75.\n","sortOrder":127},{"sectionNumber":"75C","sectionType":"section","heading":"Notification about charge for disqualifying offence","content":"75C Notification about charge for disqualifying offence\n(1) The following persons must immediately give written notice to the\nDirector if the person is charged with a disqualifying offence:\n(a) an accredited operator;\n(b) a responsible person for a body corporate that is an\naccredited operator.\n(2) Immediately after a court has dealt with the charge mentioned in\nsubsection (1), the person mentioned in subsection (1) must give\nwritten notice to the Director of the outcome of the charge.\n\nCommercial Passenger (Road) Transport Act 1991 56\n(3) In addition to notifying the Director under subsection (1), if a\nresponsible person for a body corporate that is an accredited\noperator is charged with a disqualifying offence, the responsible\nperson must immediately give written notice to the body corporate.\n(4) If an accredited operator that is a body corporate becomes aware\nthat a responsible person for the body corporate is charged with a\ndisqualifying offence, the body corporate must immediately give\nwritten notice to the Director.\n","sortOrder":128},{"sectionNumber":"75D","sectionType":"section","heading":"Inquiries about fitness to hold accreditation","content":"75D Inquiries about fitness to hold accreditation\n(1) The Director may make inquiries about a person for deciding\nwhether the person is fit and proper to hold, or continue to hold, an\n(1A) The Director may make inquiries about a responsible person for a\nbody corporate to decide whether the responsible person is a fit\nand proper person for the purposes of accreditation, or renewal of\naccreditation, of the body corporate.\n(2) For subsections (1) and (1A), the Director may request the\nCommissioner of Police to provide the Director with the following:\n(a) a written report of the criminal history for the person or\nresponsible person;\n(b) other evidence in relation to the character of the person or\nresponsible person.\n(3) Subject to other laws in force in the Territory, the Commissioner of\nPolice must comply with the request.\n(4) For subsection (2)(a), the criminal history of a person or responsible\nperson is that which is:\n(a) in the possession of the Commissioner of Police; or\n(b) ordinarily accessible to the Commissioner through\narrangements with the police service of another jurisdiction,\nincluding a jurisdiction outside Australia.\n(5) Without limiting subsection (1), the Director may request, in writing,\nthe person to provide the Director with sufficient evidence that the\nperson is a fit and proper person to hold, or continue to hold, an\n\nCommercial Passenger (Road) Transport Act 1991 57\n(6) Without limiting subsection (1A), the Director may request, in\nwriting, the responsible person for a body corporate to provide the\nDirector with sufficient evidence that the responsible person is a fit\nand proper person for the purposes of accreditation, or renewal or\naccreditation of the body corporate.\n","sortOrder":129},{"sectionNumber":"76","sectionType":"section","heading":"Internal reviews by Chief Executive Officer for disqualifying","content":"76 Internal reviews by Chief Executive Officer for disqualifying\noffences\n(1) This section applies to a person if:\n(a) under section 9, the Director refuses the person's application\nfor an accreditation or the renewal of an accreditation because\nthe person (or a responsible person for a body corporate) has\nbeen convicted of a disqualifying offence; or\n(b) under section 75A, the Director cancels the person's\naccreditation because the person (or a responsible person for\na body corporate) has been convicted of a disqualifying\noffence; or\n(c) under section 75B, the Director suspends the person's\naccreditation because the person (or a responsible person for\na body corporate) has been charged with a disqualifying\noffence.\n(2) The person may request the Chief Executive Officer to conduct an\ninternal review of the decision and determine whether there are any\nexceptional circumstances that warrant the person holding, or\ncontinuing to hold, an accreditation despite the conviction or\ncharge.\n(3) The request must:\n(a) be made within 28 days after the person receives notice of the\nDirector's decision; and\n(b) state the circumstances the person considers to be\nexceptional as referred to in subsection (2).\n(4) On the internal review, the Chief Executive Officer must:\n(a) confirm the Director's decision; or\n(b) revoke the Director's decision.\n\nCommercial Passenger (Road) Transport Act 1991 58\n(5) The Chief Executive Officer must give the person written notice of\nthe Chief Executive Officer's decision and the reasons for it.\n(6) A decision of the Chief Executive Officer under subsection (4)(b) is\ntaken to be part of the decision made by the Director for the\npurposes of:\n(a) an application to NTCAT under section 77(3) for review of the\nDirector's decision; and\n(b) the application of the provisions of the Northern Territory Civil\nand Administrative Tribunal Act 2014 on a review of the\nDirector's decision.\n(8) On and after the revocation of the cancellation or suspension by the\nChief Executive Officer, the person's accreditation is taken to be in\nforce again.\n(9) If the Chief Executive Officer acts with reasonable timeliness in\nrelation to the internal review of the cancellation or suspension of a\nperson's accreditation, the Territory is not liable for any loss or\ndamage suffered by the person because of the cancellation or\nsuspension.\n(10) If:\n(a) the Chief Executive Officer revokes the Director's decision to\nrefuse an application referred to in subsection (1)(a); and\n(b) the Director did not refuse the application under\nsection 9(3)(a), (b)(ii), (c)(ii) or (d);\nthe Chief Executive Officer must substitute the Director's decision\nfor the application and direct the Director to accredit the person or\nrenew the person's accreditation (as the case requires).\n(11) The Director must comply with the request as soon as possible.\n(12) The Chief Executive Officer may make procedural guidelines for\ninternal reviews under this section.\n","sortOrder":130},{"sectionNumber":"77","sectionType":"section","heading":"Review by NTCAT","content":"77 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in the Schedule.\n(2) An affected person, for a reviewable decision, is a person\nspecified in the Schedule for the decision.\n\nCommercial Passenger (Road) Transport Act 1991 59\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\n(4) If an affected person for a reviewable decision made by the Director\nis entitled to request an internal review of the decision, or part of the\ndecision, by the Chief Executive Officer under section 76(2), the\naffected person cannot apply to NTCAT under subsection (3) for\nreview of the Director's decision unless:\n(a) the person has requested the Chief Executive Officer to\nconduct an internal review of the Director's decision; and\n(b) the Chief Executive Officer has made a decision on the\ninternal review in accordance with section 76(4).\n(5) An application for review under subsection (3) must be made:\n(a) for a reviewable decision to which subsection (4) is\napplicable – within 28 days after the day on which notice of\nthe Chief Executive Officer's decision was given to the\naffected person; or\n(b) in any other case – within 28 days after the day on which\nnotice of the reviewable decision was given to the affected\nNote for section 77\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":131},{"sectionNumber":"79A","sectionType":"section","heading":"Offence – unauthorised operation of commercial passenger","content":"79A Offence – unauthorised operation of commercial passenger\nvehicle\n(1) A person shall not:\n(a) operate; or\n(b) cause, employ or permit another person to drive or operate,\na motor vehicle for the purpose of the carriage of passengers for\nhire or reward, unless the first-mentioned person:\n(c) is accredited under Part 3;\n(d) holds a licence under this Act; and\n\nCommercial Passenger (Road) Transport Act 1991 60\n(e) operates, or causes, employs or permits the other person to\ndrive or operate, the motor vehicle for that purpose under and\nin accordance with the licence.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves that he or she had no interest\nin the operation of the motor vehicle other than as its driver.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves that the conduct constituting\nthe offence was engaged in without the defendant's express or\nimplied authority.\n","sortOrder":132},{"sectionNumber":"79B","sectionType":"section","heading":"Court order for payment of annual fee","content":"79B Court order for payment of annual fee\n(1) If:\n(a) a person operates, or causes or employs another person to\ndrive or operate, a motor vehicle for the purpose of the\ncarriage of passengers for hire or reward as if the person held\na licence to operate the motor vehicle as a commercial\npassenger vehicle of a particular class; and\n(b) a court finds the person guilty of an offence in that respect,\nthe court must order the person to pay to the Director an amount\nequal to the prescribed annual fee that the person would have been\nrequired to pay for a licence in respect of a commercial passenger\nvehicle of that class.\n(2) If:\n(a) a person operates a commercial passenger vehicle in\ncontravention of this Act as if it were of another class of\ncommercial passenger vehicle; and\n(b) a court finds the person guilty of an offence in that respect,\nthe court must order the person to pay to the Director an amount\nequal to the prescribed annual fee that the person would have been\nrequired to pay for a licence in respect of a commercial passenger\nvehicle of that other class.\n(3) An order made under this section is in addition to the imposition of\nthe penalty prescribed for the relevant offence.\n\nCommercial Passenger (Road) Transport Act 1991 61\n","sortOrder":133},{"sectionNumber":"80","sectionType":"section","heading":"General penalties","content":"80 General penalties\nA person who contravenes or fails to comply with a provision of this\nAct in respect of which no penalty is imposed, other than that\nprovided by this section, is liable on being found guilty to a\nmaximum penalty of 85 penalty units.\n","sortOrder":134},{"sectionNumber":"82","sectionType":"section","heading":"Regulatory offences","content":"82 Regulatory offences\n(1) An offence against this Act is a regulatory offence.\n(2) It is a defence to a prosecution for an offence referred to in\nsubsection (1) if the defendant proves on the balance of\nprobabilities that:\n(a) any contravention or failure to comply constituting the offence\noccurred in an emergency and was necessary to preserve life\nor prevent injury or to protect property;\n(b) the defendant did not intend to commit the offence, and that:\n(i) in any case where it is alleged that anything required to\nbe done was not done, the defendant took all reasonable\nsteps to ensure that it was done; or\n(ii) in any case where it is alleged that anything prohibited\nwas done, that the defendant took all reasonable steps\nto ensure that it was not done; and\n(c) any contravention or failure to comply constituting the offence\nwas authorised by being:\n(i) in the exercise of a right granted or recognised by law;\n(ii) in execution of the law or in obedience to, or in\nconformity with, the law;\n(iii) in obedience to the order of a competent authority whom\nthe defendant is bound by law to obey unless the order\nis manifestly unlawful (the determination of which is a\nmatter of law); or\n(iv) pursuant to an authority, permission, or licence lawfully\ngranted.\n","sortOrder":135},{"sectionNumber":"83","sectionType":"section","heading":"Vehicle may be forfeited","content":"83 Vehicle may be forfeited\n(1) In addition to the penalty prescribed for an offence against a\nprovision of this Act, the court on finding a person guilty of an\noffence against that provision may, where the person has\n\nCommercial Passenger (Road) Transport Act 1991 62\npreviously been found guilty of an offence against that provision,\norder that a vehicle used in the commission of the offence is\nforfeited to the Territory.\n(2) A vehicle forfeited to the Territory under subsection (1) may be\ndealt with or disposed of as the Minister thinks fit.\n","sortOrder":136},{"sectionNumber":"84","sectionType":"section","heading":"Averments","content":"84 Averments\nAn extract from, or copy of, an entry in a register or record\npurported to be certified by the Director shall, in all courts and upon\nall occasions, be sufficient evidence of:\n(a) all particulars contained in the entry without requiring the\nproduction of any books, registers, licences, authorisations or\nother documents upon which the entry was founded; and\n(b) the signature of the Director.\n","sortOrder":137},{"sectionNumber":"85","sectionType":"section","heading":"Arrangements with states","content":"85 Arrangements with states\n(1) The Minister may make arrangements with a State or another\nTerritory having provisions in its law relating to commercial\npassenger vehicles and to the transport of passengers by road,\nbeing provisions of a similar nature to any or all of those contained\nin this Act, for the reciprocal recognition, enforcement or granting of\nexemptions from all or any of the provisions of this Act or those\nsimilar provisions.\n(2) The Minister may include in any arrangements under subsection (1)\nsuch matters as the Minister thinks fit, notwithstanding anything to\nthe contrary in this Act, and every such arrangement shall have\neffect according to its tenor.\n(3) Notice of every arrangement under subsection (1) shall be\npublished in the Gazette within 60 days after the date of its being\nmade.\n","sortOrder":138},{"sectionNumber":"85A","sectionType":"section","heading":"Refund, remission or credit arrangement","content":"85A Refund, remission or credit arrangement\n(1) The Director may refund, in full or part, money paid under this Act if:\n(a) a person has paid more than the fee or amount required;\n(b) an application accompanied by a fee is refused; or\n(c) the Director is satisfied that the circumstances require it.\n\nCommercial Passenger (Road) Transport Act 1991 63\n(2) If the Director considers it appropriate, the Director may remit, in full\nor part, a fee, levy or charge that is otherwise payable under this\nAct.\n(3) If a person has paid more money than is required in respect of a\nmatter under this Act, the Director may approve a credit\narrangement by which the person may use the excess money as\npayment or part payment of another fee or charge that is payable,\nor is expected to become payable, by the person.\n(4) The Regulations may prescribe all matters in respect of refunds,\nremissions or credit arrangements under this Act.\n","sortOrder":139},{"sectionNumber":"86","sectionType":"section","heading":"Acquisition on just terms","content":"86 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n86A Approved forms\nThe Director may approve forms for this Act.\n86B Approved standards\nThe Director may approve standards for this Act.\n87 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act,\nand, in particular:\n(c) prescribing the conditions to apply to and in relation to\naccreditation or to licences;\n\nCommercial Passenger (Road) Transport Act 1991 64\n(d) regulating all matters relating to the transport of passengers\nfor hire or reward by commercial passenger vehicles and all\nmatters relating to those vehicles and including accreditation\nand licensing;\n(e) prescribing fees or charges for, or levies to be imposed in\nrelation to, any matter or thing done or to be done in\nconnection with this Act, or authorising the Director to fix any\nfees, charges or levies in respect of prescribed matters;\n(ea) providing for matters in relation to the inspection or testing of\ncommercial passenger vehicles, including the appointment of\npersons to carry out inspections or tests;\n(eb) authorising the Director to exempt a person or vehicle, or a\nclass of persons or vehicles, from the operation of the\nregulations or a specified provision of the regulations;\n(f) prescribing the qualifications required for persons working on\nor in relation to a commercial passenger vehicle;\n(g) regulating, restricting or prohibiting the form, construction and\nequipment of a commercial passenger vehicle;\n(h) providing for a taxi licence to be used as security for a loan or\nliability;\n(j) prescribing infringement offences and infringement fees;\n(k) relating to the behaviour, rights and obligations of passengers,\ndrivers and operators of commercial passenger vehicles;\n(m) providing for the collection, holding and disposal of property\nleft, lost or abandoned by persons using commercial\npassenger vehicles; or\n(n) prescribing offences in respect of contravention of or\nnon-compliance with any regulations made under this Act or\nany notice, requirement or direction given pursuant to any\nsuch regulations, and prescribing maximum penalties of 85\npenalty units in respect of any offence.\n\nDivision 1 Transitional matters for Commercial Passenger (Road) Transport Act 1991\nCommercial Passenger (Road) Transport Act 1991 65\nDivision 1 Transitional matters for Commercial Passenger\n(Road) Transport Act 1991\n88 Savings and transitional\n(1) Any regulations made under the Motor Vehicles Act 1949 which\nrelate to commercial passenger vehicles, the use of commercial\npassenger vehicles as security for loans, or to persons who operate\nor work on or in relation to commercial passenger vehicles, being\nregulations which, on the commencement of the Motor Vehicles\nAmendment Act 1991, could probably be no longer made under the\nMotor Vehicles Act 1949, shall:\n(a) continue to exist as regulations under this Act; and\n(b) be capable of being amended or repealed by regulations\nmade under this Act.\n(2) Where a reference in a regulation saved under subsection (1) is to\na provision in the Motor Vehicles Act 1949 that has been repealed\nby the Motor Vehicles Amendment Act 1991, that reference shall be\nconstrued, where possible, as a reference to an appropriate or\nrelevant provision in this Act.\n(3) An action, prosecution or other proceeding begun under the Motor\nVehicles Act 1949 as then in force before the commencement of\nthis Act may be continued as if this Act had never commenced, and\nan action, prosecution or other proceeding in respect of a thing\ndone or omitted to be done under the Motor Vehicles Act 1949 as\nthen in force before the commencement of this Act may be brought,\ntaken and prosecuted in the same manner as if this Act had never\ncommenced.\n(4) Where, immediately before the commencement of this Act, a\nperson had under the Motor Vehicles Act 1949 as then in force a\nlicence, certificate or other authority relating to the use, possession\nor operation of a commercial passenger vehicle, that person is, on\nthe commencement of this Act, authorised to use, possess or\noperate the commercial passenger vehicle until such time as the\nlicence, certificate or other authority would otherwise have expired\nunder the Motor Vehicles Act 1949.\n(5) Where, immediately before the commencement of this Act, a\nperson or body corporate had under the Motor Vehicles Act 1949\nas then in force a public hire car licence, the person or body\ncorporate may be granted a taxi licence on the expiration of the\npublic hire car licence in accordance with subsection (4)\n\n","sortOrder":140},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transitional matters for Statute Law Amendment (Territory Economic","content":"Division 2 Transitional matters for Statute Law Amendment (Territory Economic\nReconstruction) Act 2022\nCommercial Passenger (Road) Transport Act 1991 66\nnotwithstanding that the person or body corporate is not eligible\nunder section 20(1) to be granted the taxi licence, and section 20(2)\ndoes not apply to and in relation to such a person or body corporate\nto whom a taxi licence is granted until the person's or body\ncorporate's accreditation is renewed under this Act.\n(6) The Director may, if it is considered administratively expedient for\nthe purposes of the transition of requirements relating to\ncommercial passenger vehicles under the Motor Vehicles Act 1949\nto the requirements under this Act, extend, on payment of an\nappropriate fee determined by the Director, the authorisation given\nunder subsection (4) for one further period not exceeding\n12 months and may also, notwithstanding anything to the contrary\nin this Act, take such actions and impose such conditions (including\nthe payment of appropriate fees) as is thought necessary for the\npurposes of the transitions.\nDivision 2 Transitional matters for Statute Law Amendment\n(Territory Economic Reconstruction) Act 2022\n","sortOrder":141},{"sectionNumber":"89","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"89 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the Statute Law\nAmendment (Territory Economic Reconstruction) Act 2022, apply\nonly in relation to offences committed after the commencement of\n","sortOrder":142},{"sectionNumber":"Part 5","sectionType":"part","heading":"that Act (the commencement).","content":"Part 5 that Act (the commencement).\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n\nDivision 3 Transitional matters for Transport Legislation Amendment Act 2025\nCommercial Passenger (Road) Transport Act 1991 67\nDivision 3 Transitional matters for Transport Legislation\nAmendment Act 2025\n90 Definitions\nIn this Part:\namending Act means the Transport Legislation Amendment\nAct 2025.\ncommencement means the commencement of section Error!\nReference source not found. of the amending Act.\n","sortOrder":143},{"sectionNumber":"91","sectionType":"section","heading":"NTCAT review limited to decisions made after commencement","content":"91 NTCAT review limited to decisions made after commencement\nSection 77, as inserted by section Error! Reference source not\nfound. of the amending Act, applies only in relation to a reviewable\ndecision that is made after the commencement.\n","sortOrder":144},{"sectionNumber":"92","sectionType":"section","heading":"Appeals not commenced before commencement","content":"92 Appeals not commenced before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to appeal to the Local Court against a decision of\nthe Director or the Chief Executive Officer under section 77 as\nin force before the commencement; and\n(b) had not yet commenced an appeal against the decision.\n(2) The person may appeal to the Local Court against the decision in\naccordance with section 77 as in force before the commencement.\n(3) The Local Court must hear and determine the person's appeal in\naccordance with section 77 as in force before the commencement.\n","sortOrder":145},{"sectionNumber":"93","sectionType":"section","heading":"Appeals not determined before commencement","content":"93 Appeals not determined before commencement\n(1) Subsection (2) applies in relation to an appeal to the Local Court\nthat:\n(a) was commenced by a person under section 77 as in force\nbefore the commencement; and\n(b) had not been finally determined by the Local Court before the\n(2) The Local Court must continue to hear and determine the person's\nappeal in accordance with section 77 as in force before the\n\n","sortOrder":146},{"sectionNumber":"Div 3","sectionType":"division","heading":"Transitional matters for Transport Legislation Amendment Act 2025","content":"Division 3 Transitional matters for Transport Legislation Amendment Act 2025\nCommercial Passenger (Road) Transport Act 1991 68\n","sortOrder":147},{"sectionNumber":"94","sectionType":"section","heading":"Reference to NTCAT includes Local Court","content":"94 Reference to NTCAT includes Local Court\n(1) Subsection (2) applies in relation to a decision of the Local Court\nmade under this Act during the relevant period that:\n(a) a person may hold, or continue to hold, accreditation despite\nbeing convicted of a disqualifying offence; or\n(b) a body corporate may hold, or continue to hold, accreditation\ndespite a responsible person for the body being convicted of a\ndisqualifying offence.\n(2) The decision of the Local Court is taken to be a decision of NTCAT\nfor sections 9(3B)(b) and 75A(2)(d).\n(3) For this section, a decision of the Local Court made after the\ncommencement to which section 92 or 93 applies is taken to have\nbeen made during the relevant period.\n(4) In this section:\nrelevant period means the period commencing on 8 March 2006\nand ending immediately before the commencement.\n","sortOrder":148},{"sectionNumber":"95","sectionType":"section","heading":"Infringement notices","content":"95 Infringement notices\n(1) This section applies in relation to an infringement notice if:\n(a) the notice was issued under section 81 before the\ncommencement; and\n(b) immediately before the commencement, the penalty amount\nspecified in the notice had not been paid and the notice had\nnot been withdrawn.\n(2) The notice is taken to have been issued under regulation 3 of the\nCommercial Passenger (Road) Transport (Miscellaneous)\nRegulations 1992 as in force after the commencement.\n\nCommercial Passenger (Road) Transport Act 1991 69\nsection 77\n1 A decision of the Director under\nsection 9(1) to refuse to grant an\nthe accreditation\n2 A decision of the Director under\nsection 10(1) to specify conditions in\nrelation to an accreditation\nThe holder of the\n3 A decision of the Director under\nsection 10(2) to amend the conditions of\nan accreditation or add new conditions\nThe holder of the\n4 A decision of the Director under\nsection 12(1) to refuse to renew an\n5 A decision of the Director under\nsection 18(1) to refuse to grant a taxi\nlicence\n6 A decision of the Director under\nsection 20(1) to specify conditions in a\ntaxi licence\n7 A decision of the Director under\nsection 20(2) to amend the conditions of\na taxi licence or add new conditions\n8 A decision of the Director under\nsection 23A(1) to refuse to renew a taxi\nlicence\n9 A decision of the Director under\nsection 27(4) to refuse to grant a\nsubstitute taxi licence\n10 A decision of the Director under\nsection 28(1) to specify conditions in a\nsubstitute taxi licence\n\nCommercial Passenger (Road) Transport Act 1991 70\n11 A decision of the Director under\nsection 31(1) to refuse to grant a private\nhire car licence\n12 A decision of the Director under\nsection 33(1) to specify conditions in a\nprivate hire car licence\n13 A decision of the Director under\nsection 33(2) to amend the conditions of\na private hire car licence or add new\n14 A decision of the Director under\nsection 35A(1) to refuse to renew a\nprivate hire car licence\n15 A decision of the Director under\nsection 37D(1) to refuse to grant a\n16 A decision of the Director under\nsection 37F(1) to specify conditions in a\n17 A decision of the Director under\nsection 37F(2) to amend the conditions of\na limousine licence or add new\n18 A decision of the Director under\nsection 37J(1) to refuse to renew a\n19 A decision of the Director under\nsection 37P(1) to refuse to grant a\n20 A decision of the Director under\nsection 37R(1) to specify conditions in a\n21 A decision of the Director under\nsection 37R(2) to amend the conditions\nof a special function vehicle licence or\nadd new conditions\n\nCommercial Passenger (Road) Transport Act 1991 71\n22 A decision of the Director under\nsection 37U(1) to refuse to renew a\n23 A decision of the Director under\nsection 38B(1) to refuse to grant a\n24 A decision of the Director under\nsection 38D(1) to specify conditions in a\n25 A decision of the Director under\nsection 38D(2) to amend the conditions\nof a minibus licence or add new\n26 A decision of the Director under\nsection 38DA(4) to refuse to issue a\nsubstitute minibus licence\n27 A decision of the Director under\nsection 38DA(4) to impose conditions on\na substitute minibus licence\n28 A decision of the Director under\nsection 38GA(1) to refuse to renew a\n29 A decision of the Director under\nsection 38M(1) to refuse to grant a\n30 A decision of the Director under\nsection 38P(1) to specify conditions in a\n31 A decision of the Director under\nsection 38P(2) to amend the conditions\nof a courtesy vehicle licence or add new\n32 A decision of the Director under\nsection 38S(1) to refuse to renew a\n\nCommercial Passenger (Road) Transport Act 1991 72\n33 A decision of the Director under\nsection 40(1) to refuse to grant a motor\nomnibus licence\n34 A decision of the Director under\nsection 41(1) to specify conditions in a\n35 A decision of the Director under\nsection 41(2) to amend the conditions of\na motor omnibus licence or add new\n36 A decision of the Director under\nsection 43(1) to refuse to renew a motor\nomnibus licence\n37 A decision of the Director under\nsection 48(3) to refuse to grant a urban\nservice area licence\n38 A decision of the Director under\nsection 50(1) to specify conditions in an\nurban service area licence\n39 A decision of the Director under\nsection 50(2) to amend the conditions of\nan urban service area licence or add new\n40 A decision of the Director under\nsection 53(1) to refuse to grant a tourist\nvehicle licence\n41 A decision of the Director under\nsection 54(1) to specify conditions in a\ntourist vehicle licence\n42 A decision of the Director under\nsection 54(2) to amend the conditions of\na tourist vehicle licence or add new\n43 A decision of the Director under\nsection 56(1) to refuse to renew a tourist\nvehicle licence\n\nCommercial Passenger (Road) Transport Act 1991 73\n44 A decision of the Director under\nsection 59(1) to refuse to grant a special\npassenger vehicle licence\n45 A decision of the Director under\nsection 60(1) to specify conditions in a\nspecial passenger vehicle licence\n46 A decision of the Director under\nsection 60(2) to amend the conditions of\na special passenger licence or add new\n47 A decision of the Director under\nsection 62(1) to refuse to renew a special\npassenger vehicle licence\n48 A decision of the Director under\nsection 71(3) to refuse to approve a\ncommunications or dispatch network\nthe approval\n49 A decision of the Director under\nsection 71(5)(a) to approve a\ncommunication or dispatch network\nsubject to conditions\nthe approval\n50 A decision of the Director under\nsection 71(5)(b) to amend the conditions\nof approval of a communications or\ndispatch network or add new conditions\nThe operator of the network\n51 A decision of the Director under\nsection 71(6) to suspend or revoke\napproval of a communications or\ndispatch network\nThe operator of the network\n52 A decision of the Director under\nsection 73(1) to approve conditions under\nwhich an operator or operators will\naccept passengers\nAn operator to whom the\ncondition applies\n53 A decision of the Director under\nsection 75, other than a decision under\nsection 75(1)(d), to cancel or suspend an\naccreditation or licence\naccreditation or licence is\ncancelled or suspended\n\nCommercial Passenger (Road) Transport Act 1991 74\n54 A decision of the Director under\nsection 75A(1) to cancel an accreditation\naccreditation is cancelled\n55 A decision of the Director under\nsection 75B(1) to suspend an\naccreditation is suspended\n\nCommercial Passenger (Road) Transport Act 1991 75\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCommercial Passenger (Road) Transport Act 1991 (Act No. 34, 1991)\nAssent date 27 June 1991\nCommenced 27 October 1992 (Gaz G42, 21 October 1992, p 2)\nCommercial Passenger (Road) Transport Amendment Act 1992 (Act No. 29, 1992)\nAssent date 9 June 1992\nCommenced 9 June 1992\nCommercial Passenger (Road) Transport Amendment Act 1992 (Act No. 59, 1992)\nAssent date 22 October 1992\nCommenced 22 October 1992\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nCommercial Passenger (Road) Transport Amendment Act 1998 (Act No. 83, 1998)\nAssent date 7 December 1998\nCommenced 1 January 1999 (s 2)\n\nCommercial Passenger (Road) Transport Act 1991 76\nStatute Law Revision Act (No. 2) 1999 (Act No. 48, 1999)\nAssent date 10 November 1999\nCommenced 10 November 1999\nCommercial Passenger (Road) Transport Amendment Act 2000 (Act No. 5, 2000)\nAssent date 14 March 2000\nCommenced 1 January 2000 (s 2)\nStatute Law Revision Act 2000 (Act No. 19, 2000)\nAssent date 6 June 2000\nCommenced s 6: 4 December 1999; rem: 12 July 2000 (s 2 and Gaz G27,\n12 July 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 59, 2001) and Gaz G50,\n19 December 2001, p 3)\nCommercial Passenger (Road) Transport Amendment Act 2003 (Act No. 1, 2003)\nAssent date 27 February 2003\nCommenced 1 March 2003 (Gaz S3, 28 February 2003)\nCommercial Passenger (Road) Transport Amendment Act (No. 2) 2003 (Act No. 40,\n2003)\nAssent date 7 July 2003\nCommenced ss 22 (to ext it ins s 37V(2): 10 January 2007 (Gaz G2,\n10 January 2007, p 4); s 26: 1 October 2003 (Gaz G38,\n24 September 2003, p 2); rem: 1 August 2003 (Gaz G30,\n30 July 2003, p 13)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nCommercial Passenger Vehicles Legislation Amendment Act 2006 (Act No. 3, 2006)\nAssent date 8 March 2006\nCommenced 8 March 2006\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012);\nrem: 25 November 2011 (Gaz S68, 25 November 2011)\n\nCommercial Passenger (Road) Transport Act 1991 77\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n","sortOrder":149},{"sectionNumber":"29","sectionType":"section","heading":"September 2021, p 1)","content":"29 September 2021, p 1)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: 25 May 2023 (Gaz G11, 25 May 2023, p 2);\nrem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\nTransport Legislation Amendment Act 2025 (Act No. 23, 2025)\nAssent date 12 September 2025\nCommenced pts 2, 4, 5 and 6: 21 January 2026 (Gaz S5,\n19 January 2026); rem: 18 November 2025 (Gaz S69,\n17 November 2025)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 23 and sch Commercial Passenger (Road) Transport Amendment Act 1998\n(Act No. 83, 1998)\ns 16 Commercial Passenger (Road) Transport Amendment Act 2003 (Act\nNo. 1, 2003)\npt 3 Commercial Passenger (Road) Transport Amendment Act (No. 2) 2003\n(Act No. 40, 2003)\n\nCommercial Passenger (Road) Transport Act 1991 78\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5, 9, 18, 19, 20, 31, 32,\n33, 37D, 37E, 37F, 37P, 37Q, 37R, 38B, 38C, 38D, 38M, 38N, 38P, 40A,\n53A, 59A, 70, 74, 75A, 81 and 88.\n5 LIST OF AMENDMENTS\ns 3 amd No. 59, 1992, s 2; No. 50, 1994, s 4; No. 83, 1998, s 4; No. 1, 2003, s 4;\nNo. 40, 2003, s 4; No. 3, 2006, s 3; No. 28, 2008, s 3; No. 10, 2018, s 6;\nNo. 39, 2019, s 370; No. 19, 2021, s 7; No. 5, 2022, s 44; No. 23, 2025, s 17\npt 2\ndiv 1 hdg ins No. 1, 2003, s 5\nom No. 23, 2025, s 17\ns 5 amd No. 28, 1993, s 3; No. 40, 2003, s 5\ns 5A ins No. 40, 2003, s 6\npt 2\ndiv 2 hdg ins No. 1, 2003, s 6\nss 6A – 6C ins No. 1, 2003, s 6\ns 6D ins No. 40, 2003, s 7\ns 6E ins No. 5, 2022, s 45\ns 7 amd No. 5, 2022, s 46\ns 8 amd No. 23, 2013, s 4\nsub No. 5, 2022, s 47\ns 8A ins No. 5, 2022, s 47\ns 9 amd No. 29, 1992, s 3; No. 17, 1996, s 6; No. 83, 1998, s 5; No. 48, 1999,\ns 3; No. 17, 2001, s 21; No. 3, 2006, s 4; No. 5, 2022, s 48; No. 23, 2025, s 5\ns 11 amd No. 83, 1998, s 6; No. 5, 2022, s 49\ns 12 amd No. 83, 1998, s 7\ns 15A ins No. 5, 2022, s 50\npt IV hdg sub No. 83, 1998, s 8\ndiv 1 hdg ins No. 83, 1998, s 8\ns 16 sub No. 83, 1998, s 8\ns 17 sub No. 83, 1998, s 8\namd No. 1, 2003, s 7; No. 40, 2003, s 8; No. 23, 2013, s 4\ns 18 sub No. 83, 1998, s 8\namd No. 1, 2003, s 8\ns 18A ins No. 40, 2003, s 9\nrep No. 5, 2022, s 51\ns 19 sub No. 83, 1998, s 8\ns 20 sub No. 83, 1998, s 8\namd No. 1, 2003, s 9; No. 40, 2003, s 10\nss 21 – 22 sub No. 83, 1998, s 8\ns 23 sub No. 83, 1998, s 8; No. 5, 2000, s 4\namd No. 1, 2003, s 10\ns 23A ins No. 5, 2000, s 4\ns 24 sub No. 83, 1998, s 8\namd No. 40, 2003, s 11\ns 25 sub No. 83, 1998, s 8\n\nCommercial Passenger (Road) Transport Act 1991 79\ns 26 sub No. 83, 1998, s 8\namd No. 1, 2003, s 11; No. 40, 2003, s 12; No. 23, 2013, s 4; No. 23, 2025,\ns 6\ns 26A ins No. 40, 2003, s 13\ndiv 2 hdg ins No. 83, 1998, s 8\ns 27 sub No. 83, 1998, s 8\namd No. 23, 2025, s 7\ns 28 sub No. 83, 1998, s 8\ndiv 3 hdg ins No. 83, 1998, s 8\nrep No. 40, 2003, s 14\ns 29 sub No. 83, 1998, s 8\nrep No. 40, 2003, s 14\npt V hdg sub No. 83, 1998, s 8\ns 30 sub No. 83, 1998, s 8; No. 40, 2003, s 15\ns 31 sub No. 83, 1998, s 8\namd No. 40, 2003, s 16\ns 32 sub No. 83, 1998, s 8\ns 33 sub No. 83, 1998, s 8\namd No. 40, 2003, s 17\ns 34 sub No. 83, 1998, s 8\ns 35 sub No. 83, 1998, s 8; No. 5, 2000, s 5\namd No. 40, 2003, s 18\ns 35A ins No. 5, 2000, s 5\ns 36 sub No. 83, 1998, s 8; No. 40, 2003, s 19\ns 37 sub No. 83, 1998, s 8\namd No. 40, 2003, s 20\nss 37A – 37B ins No. 40, 2003, s 21\npt 5AA hdg ins No. 40, 2003, s 22\ns 37C ins No. 40, 2003, s 22\nss 37D – 37H ins No. 40, 2003, s 22\ns 37J ins No. 40, 2003, s 22\namd No. 54, 2004, s 7\nss 37K – 37L ins No. 40, 2003, s 22\ns 37M ins No. 40, 2003, s 22\npt 5AB hdg ins No. 40, 2003, s 22\ns 37N ins No. 40, 2003, s 22\nss 37P – 37W ins No. 40, 2003, s 22\npt VA hdg ins No. 83, 1998, s 8\ns 38 sub No. 83, 1998, s 8\ns 38A ins No. 83, 1998, s 8\ns 38B ins No. 83, 1998, s 8\namd No. 1, 2003, s 12\ns 38C ins No. 83, 1998, s 8\ns 38D ins No. 83, 1998, s 8\namd No. 40, 2003, s 23\ns 38DA ins No. 19, 2021, s 8\nss 38E – 38F ins No. 83, 1998, s 8\n\nCommercial Passenger (Road) Transport Act 1991 80\ns 38G ins No. 83, 1998, s 8\nsub No. 5, 2000, s 6\namd No. 1, 2003, s 14\ns 38GA ins No. 5, 2000, s 6\ns 38H ins No. 83, 1998, s 8\namd No. 40, 2003, s 24\ns 38J ins No. 83, 1998, s 8\ns 38K ins No. 40, 2003, s 25\npt 5B hdg ins No. 40, 2003, s 26\nss 38L – 38T ins No. 40, 2003, s 26\ns 39 amd No. 23, 2013, s 4\ns 40A ins No. 83, 1998, s 9\ns 41 amd No. 83, 1998, s 10; No. 23, 2025, s 17\ns 42 amd No. 83, 1998, s 11\ns 44 sub No. 83, 1998, s 12\ns 45 amd No. 23, 2013, s 4\ns 49 amd No. 23, 2013, s 4\ns 50 amd No. 83, 1998, s 13; No. 23, 2025, s 17\ns 52 amd No. 23, 2013, s 4\ns 53A ins No. 83, 1998, s 14\ns 54 amd No. 83, 1998, s 15\ns 57 sub No. 83, 1998, s 16\ns 58 amd No. 23, 2013, s 4\ns 59A ins No. 83, 1998, s 17\ns 60 amd No. 83, 1998, s 18\ns 63 amd No. 50, 1994, s 4\nsub No. 83, 1998, s 19\ns 69 amd No. 23, 2013, s 4\npt 10\ndiv 1 hdg ins No. 5, 2022, s 52\ns 69A ins No. 30, 2010, s 29\ns 70 amd No. 23, 2013, s 4\ns 71 amd No. 40, 2003, s 27; No. 23, 2013, s 4; No. 23, 2025, s 8\ns 72 amd No. 40, 2003, s 28; No. 23, 2013, s 4; No. 23, 2025, s 17\ns 74 ins No. 1, 2003, s 15\namd No. 40, 2003, s 29; No. 23, 2013, s 4; No. 5, 2022, s 53\ns 74A ins No. 83, 1998, s 20\npt 10\ndiv 2 hdg ins No. 5, 2022, s 54\ns 74B ins No. 23, 2025, s 9\ns 75 amd No. 59, 1992, s 3; No. 3, 2006, s 5; No. 5, 2022, s 55\ns 75A ins No. 3, 2006, s 6\namd No. 5, 2022, s 56; No. 23, 2025, s 10\ns 75B ins No. 3, 2006, s 6\namd No. 5, 2022, s 57\ns 75C ins No. 3, 2006, s 6\nsub No. 5, 2022, s 58\ns 75D ins No. 3, 2006, s 6\namd No. 5, 2022, s 59\npt 11 hdg amd No. 23, 2025, s 17\ns 76 sub No. 3, 2006, s 7\namd No. 5, 2022, s 60; No. 23, 2025, s 11\ns 77 amd No. 19, 2000, s 9; No. 3, 2006, s 8; No. 5, 2022, s 61\nsub No. 23, 2025, s 12\ns 78 rep No. 5, 2022, s 62\ns 79 rep No. 23, 2025, s 12\n\nCommercial Passenger (Road) Transport Act 1991 81\ns 79A ins No. 59, 1992, s 4\namd No. 40, 2003, s 30; No. 23, 2013, s 4\ns 79B ins No. 83, 1998, s 21\ns 80 amd No. 17, 1996, s 6; No. 23, 2013, s 4\ns 81 amd No. 60, 2001, s 5\nrep No. 23, 2025, s 13\ns 83 amd No. 17, 1996, s 6\ns 85A ins No. 83, 1998, s 22\namd No. 23, 2025, s 17\ns 86 sub No. 23, 2025, s 14\nss 86A – 86B ins No. 5, 2022, s 63\ns 87 amd No. 29, 1992, s 4; No. 23, 2013, s 4; No. 38, 2014, s 2; No. 23, 2025,\ns 15\ndiv 1 hdg ins No. 5, 2022, s 64\ndiv 2 hdg ins No. 5, 2022, s 65\ns 89 rep No. 29, 1992, s 5\nins No. 5, 2022, s 65\ndiv 3 hdg ins No. 23, 2025, s 16\nss 90 – 95 ins No. 23, 2025, s 16\nsch ins No. 23, 2025, s 16","sortOrder":150}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Sections 15A(2) and 75(3D); sections 6E and 9(3)(c)","severity":"medium","reasoning":"Section 6E defines a responsible person by role or involvement in a body corporate. Section 9(3)(c) restricts accreditation of the body corporate when a responsible person meets specified criteria; it does not remove that person's status as a responsible person. Sections 15A(2) and 75(3D) nevertheless depend on the body corporate ceasing to have responsible persons because section 9(3)(c) applies to them.","confidence":0.87,"description":"The stated trigger—having no responsible persons because section 9(3)(c) applies to each responsible person—does not follow from the supplied definition or rule.","source_quotes":["(c) a body corporate if a responsible person for the body corporate:\n(i) has been convicted of a disqualifying offence; or","if a person ceases to be a responsible person for a body corporate and the\nbody corporate no longer has a responsible person because\nsection 9(3)(c) applies to each responsible person for the body\ncorporate, the body corporate must, as soon as practicable, notify\nthe Director.","The Director must suspend the accreditation of an accredited\noperator that is a body corporate if the body corporate ceases to\nhave any responsible persons because section 9(3)(c) applies to\neach responsible person for the body corporate."]}],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":643},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1991 scope. It now covers ride-share style services (private hire cars), limousines, special function vehicles, and courtesy vehicles that didn't exist in the original framework. Recent amendments (2022, 2025) added corporate governance requirements for 'responsible persons', new disqualifying offence frameworks, and shifted appeals from Local Court to NTCAT. The 2025 amendments also introduced new infringement notice systems and refined the two-step accreditation/licensing process."},"complexity_factors":["Multiple overlapping licence categories (10 distinct types) with similar but not identical requirements","Extensive cross-referencing between Parts 3 (accreditation) and vehicle-specific licence Parts","Nested definitions including 'responsible person' for body corporates with 5 alternative criteria","Conditional exceptions throughout (e.g., section 9(3B) creates exceptions to exceptions for spent convictions)","Transitional provisions spanning 3 separate amending Acts with different commencement dates","55 separate reviewable decisions listed in the Schedule","Ministerial directions power (s 5A) that can override normal licensing decisions","Complex 'fit and proper person' tests with multiple factors and exemption pathways"],"plain_english_summary":"The Act is the Northern Territory’s framework for regulating commercial passenger road transport (taxis, rideshare-style services, buses, limousines, tourist and other passenger vehicles). It requires operators to be accredited first (fit, safe, five‑year accreditation) and then hold vehicle‑type licences, sets driver standards and fare controls, gives inspectors enforcement powers, allows limited exemptions, and provides internal and tribunal appeal rights. It affects prospective and existing operators, drivers, and dispatch network providers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has expanded well beyond a narrow vehicle-safety or vehicle-registration law into a detailed market-regulation framework for passenger road transport. The original, textually-stated purpose is to regulate the carrying of passengers for hire or reward; later additions and amendments have layered on: (a) an operator accreditation and fit-and-proper regime tied to responsible persons (Part 3; ss6E, 7–13); (b) discrete licensing regimes for many distinct vehicle classes with area and service restrictions (Parts 4–8; ss16, 21, 38E, 47–50); (c) explicit powers for the Minister and Director to control licence numbers and grant temporary exclusivity (s5A, s46); (d) an approvals and non-discrimination regime for communications/dispatch networks that can shape access to customers (s71); and (e) stronger enforcement measures including mandatory cancellation for disqualifying offences and suspension on charge (ss75A–75B). Those additions convert the Act from primarily operational vehicle regulation into a framework that governs market entry, service geography, fare-setting (s26, s37A, s37M), and control over dispatch infrastructure — materially enlarging the regulatory scope and economic impact compared to a simple vehicle-safety or registration statute."},"complexity_factors":["Many vehicle classes with parallel but distinct licensing regimes (taxi, private hire, limousine, minibus, motor omnibus, tourist, special passenger, special function, courtesy) — Parts 4–8","Extensive defined terms and cross-references in the Interpretation section (s3) including references to other Acts (Motor Vehicles Act 1949, Corporations Act 2001, Criminal Records (Spent Convictions) Act 1992)","Accreditation regime with fit-and-proper tests, ‘‘responsible person’’ rules for corporate operators, exemptions and conditional renewals (ss6E, 7–15A)","Nested conditional logic and exceptions (e.g. s9(3), s9(3A)–(3C), s9(4)–(4B) on convictions and exemptions for responsible persons)","High level of administrative discretion: Director may set/amend licence conditions, approve networks, grant exemptions, and delegate powers (ss5, 6, 10, 71, 15, 86B)","Multiple enforcement pathways and penalties, including mandatory cancellation for disqualifying offences, suspension on charge, forfeiture after repeat offending, and regulatory offence defences (ss75, 75A–75B, 83, 80, 82)","Approval and control of communications/dispatch networks with reporting and nondiscrimination obligations (s71) and potential requirement for licence-holders to join networks (s20(5), s38D(5))","Complex review architecture: internal CEO review for disqualifying-offence decisions (s76) plus external review by NTCAT with an extensive Schedule of reviewable decisions (s77 and Schedule, 55+ items)","Numerous regulation-making powers and substantial matters left to regulations (s87) increasing cross-referencing between primary Act and subordinate instruments","Transitional and amendment history with multiple inserts and repeals (Part 13 and Endnotes) — creates historical cross-links and differing provisions over time (e.g. transitional treatment of appeals and offences)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a two-tier authorisation system for commercial passenger road transport: (1) an operator accreditation regime (Part 3) and (2) specific vehicle licences for different classes (Parts 4–8). An operator must normally be accredited before any vehicle licence is issued (see s8, s9, s13).\n\n- Defines many vehicle classes (taxi, private hire car, limousine, minibus, motor omnibus, tourist vehicle, special passenger vehicle, special function vehicle, courtesy vehicle) and sets separate licensing requirements and licence conditions for each (see the definitions in s3 and the Parts indicated above).\n\n- Gives the Director of Commercial Passenger (Road) Transport broad administrative powers to grant, refuse, amend, suspend or cancel accreditations and licences, set conditions, maintain a public register and approve forms and standards (see ss5, 9, 10, 11, 86A, 86B).\n\n- Authorises inspectors (including police) to enter premises, inspect vehicles, require records and stop vehicles suspected of carrying fare-paying passengers (ss64–67, 65–66). Inspectors can order unsafe practices to stop (s68).\n\n- Allows the Minister to set maximum taxi fares and for Ministers to determine fares for some other classes (s26, 37A, 37M). The Director can also declare geographic areas (taxi areas, minibus areas, urban service areas), create pioneer-route protection (temporary exclusivity) and restrict competing services in urban service areas (ss16, 38, 47, 46, 49).\n\n- Regulates communications/dispatch networks (approval, conditions, reporting obligations, and a requirement to allow certain licence-holders access on the same terms) (s71).\n\n- Provides compliance and enforcement tools: criminal and regulatory offences, financial penalties, possible forfeiture of vehicles after repeat offending, mandatory notifications where an accredited person is charged or convicted of certain offences and mandatory cancellation in some cases (ss79A, 80, 83, 75C, 75A).\n\n- Establishes review routes: internal review by the Chief Executive Officer for certain decisions involving disqualifying offences (s76) and external review by the Northern Territory Civil and Administrative Tribunal (NTCAT) for a listed set of reviewable decisions (s77 and Schedule).\n\nWhy the Act says it matters (stated purpose) and how that maps to outcomes\n\n- The Act explicitly says Part 3 exists so accreditation signals that an operator (or a ‘‘responsible person’’ in a corporate operator) is of good repute and capable of meeting required safety standards (s7). That is the statutory justification for pre-authorisation and fit-and-proper screening.\n\n- Testing that claim against practical effects: the accreditation + licence architecture (ss8–13, ss17–63) centralises entry controls. That produces compliance costs (applications, fees, identity cards, inspections, joining approved networks where required (s20(5), 38D(5))), and gives the Director discretion to set or change licence conditions (s10, s20, s33, s37F, s38D). The regulatory burden falls primarily on operators, vehicle owners and drivers (who must hold identity cards in prescribed classes — s74).\n\nWho pays, who decides, what behaviour changes\n\n- Who pays: prospective and current operators pay application and renewal fees (ss8A, 12, many licence renewal provisions), inspection and compliance effort, insurance and costs of meeting ‘‘approved standards’’ (s20(6), s86B). If prosecuted, operators may also pay fines and, in some cases, a court-ordered equivalent of an annual licence fee (s79B).\n\n- Who decides: the Director (appointed by the Minister) exercises most operational decisions (ss5, 6). The Minister retains specific powers, including direction to control the number of licences in a class (s5A) and to set taxi fares (s26). The Director may be required to follow Ministerial directions (s5A(1)–(3)).\n\n- Behaviour changes required: prospective operators must apply for accreditation (s8A) and hold the relevant vehicle licence before operating (e.g. s17, s30, s37C); drivers must hold appropriate driver licences (Motor Vehicles Act 1949) and, where prescribed, Director-issued identity cards or approved ID (s70, s74); operators must comply with licence conditions, join approved networks if required, and meet vehicle and safety standards. Operators and responsible persons must notify the Director when charged with or convicted of a disqualifying offence (ss75B, 75C), and accreditations can be suspended or cancelled on that basis (ss75A–75B).\n\nCosts, incentives, trade-offs, and implementation risks (mechanisms, not judgments)\n\n- Compliance costs and monitoring: the Act requires administrative steps (application forms, fees, registration endorsements on licences — e.g. s19, s32, s37E) and empowers inspections (ss65–66). These are ongoing costs for operators and create administrative workload for the Director and inspectors.\n\n- Market access and competition effects: the Director and Minister have tools that directly affect market entry and competition: discretionary refusal/cancellation (s9, s75), Ministerial directions limiting licence numbers (s5A), urban area licensing and possible restrictions on other services (ss47–50, 49), and pioneer-route exclusivity (s46). These instruments concentrate control and can create both protection for incumbents (concentrated beneficiaries) and barriers to new entrants (diffuse costs for potential entrants and passengers).\n\n- Price effects and substitution: the Act permits the Minister to fix maximum taxi fares (s26) and other fare-determination powers exist for some classes (s37A, s37M). At the same time, restrictions on standing/plying (s21, s38E), and requirement for some vehicles to be pre-booked (definitions of limousine, private hire) limit substitutability between classes; that changes operators' business models and affects consumer choice.\n\n- Discretion, capture risk and rent-seeking pathways: the Director may grant exemptions to accreditation and licence requirements (s15, s25, s37L, s37W, s38J, etc.), set licence conditions that are ‘‘substantially the same’’ except where stated grounds exist (s10(3), s20(3)), and require licence-holders to join approved communications networks (s20(5), s38D(5)). Those discretionary powers create avenues where administrative decisions have concentrated economic impact on particular operators or classes.\n\n- Safety and enforcement trade-offs: the Act centralises safety-related standards (approved standards s86B; inspections and power to stop unsafe practices ss65–68). Enforcement powers (suspension/cancellation, penalties, forfeiture) enable regulator action but also carry the risk of business disruption if exercised (s75, ss75A–75B).\n\n- Implementation risks: the scheme relies on adequate administrative resourcing to process accreditation/licence applications, maintain the register, inspect vehicles and enforce conditions. The regulatory design also depends on clear regulations (s87) to operationalise many matters (fees, inspection standards, classes prescribed) and on information-sharing with police for criminal-history inquiries (s75D).\n\nConcentrated benefits and diffuse costs (mechanism-based)\n\n- Concentrated benefits: incumbents (existing licence-holders) can obtain regulatory protection through pioneer-route declarations (s46), urban licensing and Director directions (ss47–50, s5A), and by the Director’s ability to place conditions and approve exemptions that can favour particular operations.\n\n- Diffuse costs: potential entrants, some passengers and independent drivers face barriers, administrative costs and possible limits on availability or choice caused by area-based licensing, pre-booking rules and service restrictions.\n\nKey sections to look at quickly: s7 (purpose of accreditation), s8–13 (accreditation mechanics), s5A (Minister may direct control of licence numbers), s71 (communications/dispatch networks), ss46–50 (pioneer routes and urban service areas), ss65–68 (inspection powers), ss75–75A–75B (suspension/cancellation and disqualifying-offence rules), s26 (Minister sets taxi fares), s87 (regulations).\n\nWhy it matters in practice\n\n- If you operate or plan to operate any vehicle for hire in the Territory, this Act sets entry rules (accreditation + licence), ongoing compliance obligations (conditions, inspections, identity cards), potential limits on where you may stand/ply, and the possibility of administrative action on fit-and-proper or criminal-conduct grounds. It also shapes how dispatch networks are authorised and accessed (s71), and gives the Territory tools to shape urban public transport markets (ss46–50).\n\n(End of summary)\n"}},"importantCases":[],"_links":{"self":"/api/acts/commercial-passenger-road-transport-act-1991","history":"/api/acts/commercial-passenger-road-transport-act-1991/history","analysis":"/api/acts/commercial-passenger-road-transport-act-1991/analysis","conflicts":"/api/acts/commercial-passenger-road-transport-act-1991/conflicts","importantCases":"/api/acts/commercial-passenger-road-transport-act-1991/important-cases","documents":"/api/acts/commercial-passenger-road-transport-act-1991/documents"}}