Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Passenger Transport Act 1994. 3—Objects The objects of this Act are— (a) to benefit the public of South Australia through the creation of a passenger transport network that— (i) is focussed on serving the customer; and (ii) provides accessibility to needed services, especially for the transport disadvantaged; and (iii) is safe; and (iv) encourages transport choices that minimise harm to the environment; and (v) is efficient in its use of physical and financial resources; and (vi) promotes social justice; and (b) to provide a system of accreditation for— (i) the operators of passenger transport services; and (ii) the drivers of public passenger vehicles; and (iii) the providers of centralised booking services within the passenger transport industry, in order to encourage and facilitate the observance of industry standards for passenger transport within the State; and (c) to require the licensing of taxi-cabs; and (d) to provide for a new approach to the provision of passenger transport services by the public sector. 4—Interpretation (1) In this Act— centralised booking service means a service that is subject to accreditation under Division 3 of Part 4; chauffeured vehicle service means a passenger transport service defined as a chauffeured vehicle service by the regulations; designated taxi-stand means an area designated as a taxi-stand— (a) by the Minister; or (b) by a council under the Local Government Act 1934; District Court or Court means the Administrative and Disciplinary Division of the District Court; Metropolitan Adelaide means the part of the State that is comprised of— (a) Metropolitan Adelaide within the meaning of the Development Act 1993; and (b) any other area included within the ambit of this definition by the regulations, but does not include an area excluded by the regulations from the ambit of this definition; motor vehicle means— (a) a vehicle or mobile machine driven or propelled or ordinarily capable of being driven or propelled by an engine, electricity or other form of power, other than human power; or (b) a vehicle of a class prescribed by the regulations for the purposes of this definition (if any), but does not include— (c) an aeroplane; or (d) a vessel; or (e) any other vehicle of a class excluded by the regulations from the ambit of this definition; passenger transport service means a service consisting of the carriage of passengers for a fare or other consideration (including under a hire or charter arrangement or for consideration provided by a third party)— (a) by motor vehicle; or (b) by train or tram; or (c) by means of an automated, or semi-automated, vehicular system; or (d) by a vehicle drawn by an animal along a public street or road; or (e) by any other means prescribed by the regulations for the purposes of this definition, but does not include a service of a class excluded by the regulations from the ambit of this definition; point to point transport service means a chauffeured vehicle service or taxi service; public passenger vehicle means a vehicle used to provide a passenger transport service; regular passenger service means— (a) a passenger transport service conducted according to regular routes and timetables; or (b) any other passenger transport service of a class prescribed by the regulations for the purposes of this definition, but does not include a service of a class excluded by the regulations from the ambit of this definition; relevant interest has the same meaning as in the Corporations Law; road maintenance authority means an authority responsible for the care, control and maintenance of a street or road; service contract means a contract entered into under Part 5; Standards Committee means the Passenger Transport Standards Committee established under section 35A; taxi-meter means an instrument or device which— (a) is connected to the drive train or speedometer of a vehicle, or otherwise fitted to a vehicle in a manner prescribed by the regulations; and (b) is capable of— (i) recording a charge for the hire of the vehicle according to the distance travelled or waiting or stationary time, or a combination of both; and (ii) displaying that charge in words or figures, or producing a form or statement showing such words or figures; and (c) complies with specifications prescribed by the regulations; taxi service means a passenger transport service defined as a taxi service by the regulations; temporary accreditation means an accreditation granted or issued under Part 4 for a period of less than 12 months; temporary licence means a licence issued under Part 6 for a period of less than 12 months. (2) A reference in a provision of this Act to drivers or the driving of vehicles will be taken to include a reference to riders and the riding of vehicles (unless the provision by its express terms indicates that it does not apply to riders or riding). Note— For definition of divisional penalties (and divisional expiation fees) see Appendix. 5—Application of Act (1) The regulations may provide that a specified provision of this Act does not apply, or applies with prescribed variations, to a part of the State specified by the regulations and, subject to any condition to which the regulations are expressed to be subject, the operation of this Act is modified accordingly. (2) The Minister may, by notice in the Gazette, confer exemptions from this Act or specified provisions of this Act— (a) on specified persons or persons of a specified class; or (b) on specified vehicles or vehicles of a specified class; or (c) in relation to specified services or services of a specified class. (3) An exemption under subsection (2) may be granted by the Minister on such conditions as the Minister thinks fit. (4) The Minister may, at any time, by further notice in the Gazette— (a) vary or revoke an exemption; or (b) vary or revoke a condition of an exemption. (5) A person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence.