Part 4Accreditation

Part 4—Accreditation Division 1—General passenger services 27—Accreditation of operators (1) A person must not operate a passenger transport service within (or partly within) the State unless the person holds an appropriate accreditation for that service under this Division. (2) The purpose of accreditation under this Division is— (i) that the accredited person (or, in the case of an accredited body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate) is considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a passenger transport service to which the accreditation relates; and (ii) that the accredited person is considered to have the capacity to meet prescribed standards relating to— (A) the ability to provide passenger transport services; and (B) safety of passengers and the public; and (C) service to passengers; and (D) vehicles and equipment (including their design, service, maintenance and condition); and (E) any other matter prescribed by the regulations, to the degree and in the manner required in respect of services of the kind specified in the accreditation; and (b) to provide a scheme to facilitate— (i) the provision of an efficient and effective network of passenger transport services within the State; and (ii) the observance of appropriate standards by the operators of passenger transport services; and (3) Standards for the purposes of subsection (2)— (a) may be prescribed by the regulations; or (b) to the extent that they are not so prescribed, may be determined by the Minister. (4) The Minister must ensure that a standard determined by the Minister under subsection (3)(b) is widely published and made reasonably available to interested persons. (5) An accreditation must specify the kind or kinds of services for which it is appropriate. Division 2—Drivers 28—Accreditation of drivers (1) A person must not drive a public passenger vehicle for the purposes of a passenger transport service unless the person holds an appropriate accreditation under this Division. Penalty: Division 5 fine Expiation fee: $315. (2) The purpose of accreditation under this Division is— (i) that the accredited person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle to which the accreditation relates; and (ii) that the accredited person is considered to have sufficient responsibility, skills and aptitude to drive the vehicle or vehicles to which the accreditation relates— (A) in accordance with the conditions under which a passenger transport service is operated; and (B) in accordance with law; and (b) to provide a scheme to facilitate the observance of appropriate standards by the drivers of public passenger vehicles; and (3) The accreditation must specify the kind or kinds of vehicles and services for which it is appropriate. Division 3—Centralised booking services 29—Accreditation of centralised booking services (1) For the purposes of this section, a person operates a centralised booking service if the person operates a service where— (a) bookings for taxi services, or any other passenger service of a prescribed class, are accepted from members of the public; and (b) the bookings are assigned to drivers; and (c) the number of passenger transport vehicles participating in the service is not less than the prescribed number. (2) A person must not operate a centralised booking service unless the person holds an accreditation for that service under this Division. (3) The purpose of accreditation under this Division is— (i) that the accredited person (or, in the case of an accredited body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate) is considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a centralised booking service; and (ii) that the centralised booking service complies with the prescribed standards relating to— (A) the ability to provide a centralised booking service; and (B) operational practices and procedures; and (C) service to users; and (D) equipment; and (E) any other matter prescribed by the regulations; and (b) to provide a scheme to facilitate the observance of various standards by the operators of centralised booking services; and (4) Standards for the purposes of subsection (3)— (a) may be prescribed by the regulations; or (b) to the extent that they are not so prescribed, may be determined by the Minister. (5) The Minister must ensure that a standard determined by the Minister under subsection (4)(b) is widely published and made reasonably available to interested persons. (6) In this section— the prescribed number is two, or such greater number as may be prescribed by the regulations.