New South Wales regulation

Passenger Transport (General) Regulation 2017

In ForceNSW

Jurisdiction

New South Wales

Act Number

473 of 2017

Collection

regulation

Plain English Summary

8/10 complexity

This Regulation sets operational, safety, ticketing and enforcement rules for NSW public passenger services (buses, ferries and specified rail conduct). It requires operator accreditation, vehicle maintenance, record-keeping, driver authorities and a detailed drug/alcohol testing regime, and governs passenger conduct and smartcard ticketing.

It mainly affects accredited operators (who bear most compliance costs), drivers/transport safety employees (medicals, testing, ID) and passengers, while giving TfNSW broad approval, audit and enforcement powers that shape daily operations.

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What it does

The Passenger Transport (General) Regulation 2017 (the Regulation) is subordinate legislation made under the Passenger Transport Act 1990 (the Act). Its primary function is to prescribe operational, safety, accreditation, conduct and enforcement detail that the Act itself leaves to regulation.

In overview, the Regulation does five things. First, it establishes the criteria and ongoing obligations for accreditation of operators of bus and ferry services (Part 2). An applicant must satisfy TfNSW that they are of good repute (cl 7), fit and proper (cl 8), competent (cl 9), financially capable (cl 10) and have adequate maintenance facilities (cl 11). Once accredited, operators must maintain safety management systems, vehicle maintenance plans, insurance of at least $5 million per vehicle, driver records and notify changes of address or medical conditions (cll 15–26).

Second, it creates and regulates driver authorities (Part 3). A person must be at least 20 (or 25 in some experience pathways), hold an unrestricted licence for a qualifying period, pass a medical assessment, complete TfNSW-approved bus driver training and be of good repute (cll 29–30). Driver authority cards must be displayed (cl 31) and misuse is an offence (cl 32).

Third, it imposes conduct obligations on drivers, passengers and others (Parts 4–5). Drivers must behave civilly, keep vehicles clean, not eat or drink while on duty, move vehicles carefully and report offences (cll 35–47). Passengers must not be offensive, smoke, consume alcohol (subject to exceptions), carry animals without containment (except assistance animals), interfere with equipment, block doors or trespass on running lines (cll 50–68U). Specific prohibitions were added in 2025 on converted e-bike lithium batteries on restricted rail vehicles and station platforms (cl 54A).

Current sections

Direct links to the current provisions in Passenger Transport (General) Regulation 2017.

216

Part 1

Preliminary

Part 1 Preliminary

Name of Regulation

1 Name of Regulation

This Regulation is the Passenger Transport (General) Regulation 2017.

Commencement

2 Commencement

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Passenger Transport Regulation 2007, which will be repealed on 1 September 2017 by section 10(2) of the Subordinate Legislation Act 1989.

Definitions

3 Definitions

(1) In this Regulation—

accredited operator means a person accredited under the Act to carry on a public passenger service.

approved, in relation to a duress alarm system or a security camera system, means complying with requirements established for the time being by TfNSW by order published in the Gazette.

assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 of the Commonwealth.

bus service means a public passenger service provided by means of one or more buses.

bus stop means a bus stop appointed under clause 104.

Corporations Act means the Corporations Act 2001 of the Commonwealth.

disability has the same meaning as it has in the Disability Discrimination Act 1992 of the Commonwealth.

drive a vehicle (other than a vessel) includes cause or allow the vehicle to stand.

driver means the following—

(a) in relation to a bus—a holder of an authority under section 11 of the Act,

(b) in relation to a ferry—the ferry master.

(c), (d) (Repealed)

driver authority means an authority to drive a public passenger vehicle issued under the Act, Part 2, Division 2.

driver authority card means a card, given to a person by TfNSW under clause 31, that is evidence of the person’s driver authority.

driver licence has the same meaning as it has in the Road Transport Act 2013.

duress alarm system, in relation to a public passenger vehicle, means a system by which the driver of the vehicle can, in a discreet manner, notify the location of the vehicle to another person or place.

ferry service means a public passenger service provided by means of one or more ferries.

motor vehicle has the same meaning as in the Road Transport Act 2013.

non-compliance label and non-compliance notice mean a label and a notice (respectively) referred to in clause 232.

operator means—

(a) for Part 8—see clause 107, or

(b) otherwise—

(i) in relation to a bus service—the person who is accredited under the Act, Part 2, Division 1 to operate the service, and

(ii) in relation to a bus—the person who is accredited under the Act, Part 2, Division 1 to operate the bus service for which the bus is used, and

(iii) in relation to a ferry service—the person who carries on the service, and

(iv) in relation to a ferry—the person who carries on the ferry service for which the ferry is used.

qualified accountant means—

(a) a member of CPA Australia who holds a Public Practice Certificate issued by CPA Australia, or

(b) a member of the Institute of Chartered Accountants in Australia who holds a Certificate of Public Practice issued by that Institute, or

(c) a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by that Institute.

registered training organisation means an NVR registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

regular ferry service means a ferry service that is a regular passenger service.

security camera system means a system that records images of persons in or about a bus.

Sydney Airport precinct means the area known as the Sydney Domestic Airport and the Sydney International Airport terminals and operation district, Sydney, bounded by Airport Drive, Qantas Drive, Joyce Drive, General Holmes Drive, Marsh Street and the M5 Motorway.

the Act means the Passenger Transport Act 1990.

transport district has the same meaning as it has in the Transport Administration Act 1988.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2) Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2017 (595), Sch 1 [1]–[8]; 2018 No 13, Sch 3 [1]; 2021 (483), Sch 1[1]; 2023 (574), Sch 1[1]–[3].

Regulation does not apply to conduct of certain ferry services

4 Regulation does not apply to conduct of certain ferry services

This Regulation does not apply to the conduct of a road-ferry service that is under the control of a roads authority under the Roads Act 1993.

Part 2

Accreditation to carry on public passenger services

Part 2 Accreditation to carry on public passenger services

Division 1

Preliminary

Division 1 Preliminary

Definition

5 Definition

In this Part, the relevant service, in relation to an applicant, an application, an accreditation or an accredited operator, means the public passenger service of the kind in respect of which accreditation is sought or has been obtained.

Division 2

Applications for accreditation to carry on public passenger services

Division 2 Applications for accreditation to carry on public passenger services

Standards to be met by applicants for accreditation to carry on public passenger services

6 Standards to be met by applicants for accreditation to carry on public passenger services

(1) An applicant for accreditation under Division 1 of Part 2 of the Act must meet, to the satisfaction of TfNSW, the standards set out in this Division.

(2) If the applicant is a corporation, the directors or managers of the corporation who are nominated as designated directors or managers under section 8 of the Act must meet, to the satisfaction of TfNSW, the standards set out in this Division (other than the standards specifically to be met by corporate applicants).

cl 6: Am 2017 (595), Sch 1 [9] [10]; 2018 No 25, Sch 5.29.

Applicant to be of good repute

7 Applicant to be of good repute

(1) The applicant must be of good repute.

(2) Evidence of the applicant’s good repute is to be provided in the form of references from 2 persons (being persons, excluding employees of the applicant, of any class approved by TfNSW) who have known the applicant for at least 2 years.

(3) (Repealed)

cl 7: Am 2017 (595), Sch 1 [11].

Applicant to be fit and proper person to carry on relevant service

8 Applicant to be fit and proper person to carry on relevant service

(1) The applicant must be a fit and proper person to carry on the relevant service.

(2) The applicant must declare in writing that the applicant is aware of the following—

(a) accreditation will be refused if the applicant is disqualified, under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act, from managing corporations,

(b) accreditation may be refused if the applicant (or a director or manager of an applicant corporation) has been the subject of proceedings under section 588G (Director’s duty to prevent insolvent trading by company) or 592 (Incurring of certain debts; fraudulent conduct) of the Corporations Act,

(c) if the applicant—

(i) is the director of a company that has been, or is in the course of being, wound up under Part 5.4 (Winding up in insolvency) of the Corporations Act, or

(ii) discloses any convictions or charges in accordance with subclause (3),

TfNSW may, for the purpose of determining the applicant’s fitness to be an operator, cause any investigation that TfNSW considers appropriate to be made into the winding up, conviction or charge concerned.

(3) The applicant must give TfNSW written notice of the following—

(a) full details of all offences of which the applicant has been convicted (in any jurisdiction) at any time during the 5 years immediately preceding the date of the application,

(b) full details of all alleged offences with which the applicant has been charged (in any jurisdiction) but only if, as at the date of the application, proceedings are pending in respect of the charge.

(4) If there are no convictions or pending proceedings against the applicant, the applicant must give TfNSW a written statement to that effect.

(5) (Repealed)

cl 8: Am 2017 (595), Sch 1 [12].

Applicant to be competent to carry on relevant service

9 Applicant to be competent to carry on relevant service

(1) The applicant must demonstrate that the applicant has the necessary knowledge and competence to carry on the relevant service.

(2) In particular, the applicant must—

(a) satisfy TfNSW as to the applicant’s knowledge of the following—

(i) the relevant provisions of the Act and this Regulation,

(ii) other laws relating to traffic,

(iii) the relevant provisions of the Work Health and Safety Act 2011, and

(b) if required to do so by TfNSW, undertake and successfully complete (or pass an examination in respect of) such course relating to the operation of the relevant service as is approved by TfNSW and conducted by a registered training organisation or by a higher education institution approved by TfNSW.

(3) (Repealed)

cl 9: Am 2017 (595), Sch 1 [13].

Applicant to be financially capable of carrying on relevant service

10 Applicant to be financially capable of carrying on relevant service

(1) The applicant must be financially capable of carrying on the relevant service.

(2) Evidence of the applicant’s financial standing is to be provided in the form of a signed statement from a qualified accountant (other than an employee of the applicant), on the accountant’s business letterhead, containing the following—

(a) a report on the applicant’s financial capacity to carry on the relevant service, with specific reference to the applicant’s financial ability to meet the requirements of this Regulation and other relevant laws as to—

(i) vehicle maintenance and roadworthiness, and

(ii) the safety of drivers, passengers and the public, and

(iii) the operation of a business,

(b) a statement specifying the number of public passenger vehicles that, in the opinion of the accountant, can be accommodated by the service proposed to be carried on by the applicant,

(c) if the applicant is a corporation—a statement of the accountant’s opinion as to the solvency and general financial standing of the corporation.

(3) (Repealed)

cl 10: Am 2017 (595), Sch 1 [14].

Applicant to have access to maintenance facilities for vehicles

11 Applicant to have access to maintenance facilities for vehicles

(1) The applicant must have access to adequate maintenance facilities for the vehicles intended to be used to provide the relevant service.

(2) The applicant must provide TfNSW with full details of the premises at which the vehicles will normally be kept when not in use.

(3) (Repealed)

cl 11: Am 2017 (595), Sch 1 [15].

Additional requirement: bus services

12 Additional requirement: bus services

(1) An applicant for accreditation to carry on a public passenger service by means of one or more buses must also provide TfNSW with a copy of an approval from the relevant council to keep the buses required for the service at the premises specified by the applicant in compliance with clause 11(2).

(2) Subclause (1) does not apply in the case of an application for renewal of accreditation by a person who is an accredited service operator on the commencement of this clause.

13

13 (Repealed)

Division 3

Conditions of accreditation to carry on public passenger services

Division 3 Conditions of accreditation to carry on public passenger services

Conditions of accreditation to carry on bus service

14 Conditions of accreditation to carry on bus service

For the purposes of section 9B(1)(a) of the Act, compliance with the requirements of this Division is prescribed as a condition to which an accreditation to carry on a bus service is subject.

cl 14: Subst 2017 (595), Sch 1 [17].

Safety of drivers, passengers and the public

15 Safety of drivers, passengers and the public

The operator of a relevant service must ensure that—

(a) the vehicles used to provide the service at all times meet the requirements of the law as to registration and vehicle safety and roadworthiness, and

(b) each person engaged to drive a vehicle used to provide the service—

(i) holds an appropriate driver licence, and

(ii) holds an appropriate driver authority.

Vehicle maintenance

16 Vehicle maintenance

(1) The operator of a relevant service must have, and adhere to, a public passenger vehicle maintenance plan that—

(a) is consistent with the maintenance standards of the manufacturer of the vehicles used to provide the service, and

(b) specifies the steps taken to ensure that the vehicles are roadworthy, and

(c) specifies the way in which the vehicles are maintained, and

(d) specifies the way in which any defects are to be recorded and rectified, and

(e) is capable of being audited.

(1A) (Repealed)

(2) The operator of a relevant service must not carry out maintenance on, or repairs to, a vehicle used to provide the service, and must not permit any other person to do so, unless the person carrying out the maintenance or repairs is licensed under the Motor Dealers and Repairers Act 2013 to carry out the work concerned.

(3) Subclause (2) applies even if the person who is to carry out the work concerned is exempted under the Motor Dealers and Repairers Act 2013 from the operation of all or any of the provisions of that Act.

(4) However, for the purposes of subclause (2), maintenance and repairs do not include the following—

(a) adding approved oils or other fluids to engines, transmissions, differentials, power steering reservoirs, windscreen washer reservoirs, master cylinders, radiators or batteries,

(b) changing engine, transmission and differential oils,

(c) changing engine oil filters and fuel filters,

(d) carrying out general lubrication,

(e) changing spark plugs,

(f) changing wheels and tyres,

(g) changing light bulbs,

(h) replacing seats and floor coverings,

(i) replacing external rear vision mirrors.

cl 16: Am 2017 (595), Sch 1 [18] [19].

Condition of vehicles

17 Condition of vehicles

(1) The operator of a relevant service must ensure that the interior, exterior and fittings of the vehicles used to provide the service are, at all times during which the vehicles are being used to provide the service, clean and undamaged and (in the case of fittings) duly fitted, securely in place, in good condition and fully operational.

(2) Without limiting subclause (1), the interior, exterior and fittings of a vehicle include the following—

(a) the vehicle body and the door panels,

(b) the wheels and the bumper bars,

(c) the trim,

(d) the seats, seat covers and floor covers,

(e) the interior lights,

(f) any device or equipment that is fitted to the vehicle (whether or not it is required by or under the Act to be fitted).

(3) (Repealed)

Maximum penalty—10 penalty units.

cl 17: Am 2017 (595), Sch 1 [20].

Changes to information provided

18 Changes to information provided

(1) The operator of a relevant service must notify TfNSW in writing of any of the following changes—

(a) a change of address of the premises from which the service is carried on,

(b) a change of address of the premises at which the vehicles used to provide the service are kept.

(2) The notification is to be given no later than 7 days after the change.

Division 4

Other obligations of accredited operators

Division 4 Other obligations of accredited operators

Records relating to operation of public passenger vehicles

19 Records relating to operation of public passenger vehicles

A person who is or has been an accredited operator—

(a) must keep in the English language any record required to be kept by the person under the Act or this Regulation in a form that is capable of being audited, and

(b) unless otherwise provided by this Regulation, must retain the record for a period of at least—

(i) in the case of a bus service—5 years after the date of the last entry in it, and

(ii) in any other case—2 years after the date of the last entry in it, and

(c) must, on demand by an authorised officer, produce the record in written form for inspection, and

(d) must, if required by TfNSW in writing to do so, deliver the record to TfNSW when required.

Maximum penalty—10 penalty units.

Operator training

20 Operator training

(1) An accredited operator must, whenever reasonably required to do so by TfNSW, undertake and satisfactorily complete (or pass an examination in respect of) such course, or refresher course, relating to the operation of the relevant service as is approved by TfNSW and conducted by a registered training organisation, or a higher education institution approved by TfNSW.

Maximum penalty—10 penalty units.

(2) TfNSW may—

(a) suspend an accreditation issued to an accredited operator pending the satisfactory completion of (or the passing of an examination in respect of) such a course, or

(b) determine (either generally or in a particular case) that an accreditation issued to an accredited operator will be renewed only on the satisfactory completion of (or on the passing of an examination in respect of) such a course.

(3) (Repealed)

cl 20: Am 2017 (595), Sch 1 [21].

Records of drivers

21 Records of drivers

An accredited operator must keep a record in written or electronic form of the following particulars for each person who drives a vehicle used to provide the relevant service while the vehicle is being used for that purpose—

(a) the person’s full name and residential address,

(b) the dates and times during which the vehicle was driven by the person,

(c) the number allocated by TfNSW as the person’s driver authority number and displayed on the person’s driver authority card,

(c1) the date of expiry of the person’s driver authority,

(d) the person’s driver licence number and the date of expiry of the licence.

Maximum penalty—10 penalty units.

cl 21: Am 2023 (574), Sch 1[4].

Vehicle insurance

22 Vehicle insurance

(1) An accredited operator (unless otherwise notified in writing by TfNSW) must ensure that there is maintained one or more policies of insurance providing cover of at least $5,000,000 for each public passenger vehicle used to provide the relevant service against liability in respect of damage to property caused by or arising out of the use of the vehicle.

(2) The policies must be issued by a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.

(3) (Repealed)

(4) An accredited operator must provide an authorised officer, on request, with evidence that the operator’s policies of insurance are current.

Maximum penalty—10 penalty units.

cl 22: Am 2017 (595), Sch 1 [22].

Evidence of accredited operator’s continuing financial capacity

23 Evidence of accredited operator’s continuing financial capacity

(1) An accredited operator must, on written request by TfNSW and within the time specified in the request, provide evidence, in the form specified in clause 10(2), of the operator’s continuing financial capacity to carry on the relevant service.

Note.

TfNSW may, having regard to the purposes of accreditation, at any time vary, suspend or cancel a person’s accreditation—see section 10 of the Act.

(2) TfNSW is not to make a request under this clause unless TfNSW believes on reasonable grounds that the accredited operator may no longer be financially capable of carrying on the relevant service.

(3) (Repealed)

cl 23: Am 2017 (595), Sch 1 [23].

Operators to notify detrimental change in driver’s medical condition

24 Operators to notify detrimental change in driver’s medical condition

If the operator of a public passenger service becomes aware of any apparent change in the physical or mental condition of a driver of a public passenger vehicle operated by the operator that may detrimentally affect the driver’s ability to drive public passenger vehicles safely, the operator must furnish TfNSW with written details of the apparent change within 48 hours after becoming aware of it.

Maximum penalty—10 penalty units.

Management of public passenger services

25 Management of public passenger services

An accredited operator must not suffer or permit any person other than—

(a) a designated director or manager (if the accredited operator is a corporation), or

(b) another accredited operator (if the accredited operator is not a corporation),

to operate, manage, supervise or administer the relevant service (except for, in the case of a corporation, a person appointed under any law to manage the affairs of the corporation).

Maximum penalty—50 penalty units.

Operator not to permit vehicle subject to non-compliance notice or non-compliance label to be driven

26 Operator not to permit vehicle subject to non-compliance notice or non-compliance label to be driven

An accredited operator must not permit a vehicle used to provide the relevant service to be driven if—

(a) the expiry date or expiry time of a non-compliance notice issued to the operator or a non-compliance label affixed to the vehicle has passed, or

(b) the operator is aware that a non-compliance label has been unlawfully removed from the vehicle.

Maximum penalty—10 penalty units.

Division 5

26A, 26B (Repealed)

pt 2, div 5 (cll 26A, 26B): Rep 2017 (595), Sch 1 [24].

Part 3

Authorities for drivers of public passenger vehicles

Part 3 Authorities for drivers of public passenger vehicles

Definition

27 Definition

In this Part, public passenger vehicle means a public passenger vehicle other than a ferry.

Categories of driver authorities

28 Categories of driver authorities

(1) The following categories of driver authorities are created under section 11(3) of the Act—

(a) an authority to drive a bus,

(b) an authority to drive another public passenger vehicle of a kind specified in the authority.

(2) A driver may be issued with an authority that is valid for 1 or more of the categories of driver authorities.

cl 28: Subst 2017 (595), Sch 1 [25].

Medical assessments

29 Medical assessments

(1) For the Act, sections 12(3) and 63(2)(g)(ii), a person must, before applying for a driver authority, pass a medical assessment to assess the person’s fitness to drive a public passenger vehicle.

(2) An application for a driver authority must be accompanied by evidence the applicant has passed the medical assessment.

cl 29: Am 2017 (595), Sch 1 [26]–[29]; 2018 (782), cl 3 (1)–(3). Subst 2023 (574), Sch 1[5].

Criteria for grant of authority—the Act, s 12(2) and 63(2)(g)(iii)

30 Criteria for grant of authority—the Act, s 12(2) and 63(2)(g)(iii)

(1) TfNSW must not grant a driver authority to an applicant unless satisfied the applicant—

(a) is at least 20 years of age, and

(b) is, in the opinion of TfNSW, of good repute and a fit and proper person to drive a public passenger vehicle, and

(c) has sufficient responsibility to drive the vehicle in accordance with law and custom, and

(d) has sufficient experience to drive the vehicle.

(2) For subclause (1)(d), an applicant has sufficient experience to drive the vehicle if—

(a) the applicant—

(i) holds a relevant licence, and

(ii) is at least 25 years of age, and

(iii) has held one or more of the following for a cumulative period of at least 3 years during the 4 years immediately before the date the application is made—

(A) the relevant licence,

(B) a provisional licence,

(C) a licence issued in a jurisdiction outside Australia that TfNSW is satisfied authorises the holder of the licence to drive a motor vehicle, or

(b) the applicant—

(i) holds a relevant licence, and

(ii) has held the relevant licence for a period of at least 12 months during the 2 years immediately before the date the application is made.

(3) TfNSW must not grant an authority to drive a bus to an applicant unless satisfied the applicant—

(a) has successfully completed a bus driver training course approved by TfNSW and conducted by a registered training organisation, or

(b) is otherwise competent to drive buses.

(4) In this clause—

relevant licence means the following—

(a) an unrestricted Australian driver licence,

(b) a conditional licence—

(i) subject only to a condition that the holder must wear corrective lenses while driving, and

(ii) issued under a law in force in a State or Territory authorising the holder to drive a motor vehicle on a road or road related area.

unrestricted Australian driver licence means an Australian driver licence, other than the following—

(a) a conditional licence,

(b) a driver licence receipt,

(c) a learner licence,

(d) a probationary licence,

(e) a provisional licence,

(f) a restricted licence.

(5) Words used in this clause have the same meanings as in the Road Transport Act 2013.

cl 30: Rep 2017 (595), Sch 1 [30]. Ins 2023 (574), Sch 1[5].

30A

Form of authority

30A Form of authority

(1) For the Act, section 63(2)(g)(i), a driver authority may be issued in hard copy or electronic form.

(2) For the Act, section 63(2)(g)(iii) and (3), a person issued a driver authority in electronic form is exempt from the Act, section 53B.

cl 30A: Ins 2023 (574), Sch 1[5].

Driver authority cards

31 Driver authority cards

(1) For the Act, section 63(2)(g)(v), TfNSW must give a driver authority card to a person who is authorised under the Act to drive a public passenger vehicle.

(2) A driver authority card must display—

(a) a photograph of the person, and

(b) the number of the authority, and

(c) the expiry date of the authority.

(3) A driver authority card—

(a) may display such additional information or endorsement as TfNSW considers appropriate (either generally or in a particular case), and

(b) is to be in a form approved by TfNSW.

(4) A driver authority expires at midnight on the date specified on the driver authority card as the expiry date for the authority.

(5) A person’s authority to drive public passenger vehicles is taken to be suspended if the person’s driver licence has no effect.

cl 31: Am 2023 (574), Sch 1[6]–[8].

Misuse of driver authority cards

32 Misuse of driver authority cards

A person must not—

(a) alter or deface any driver authority card, or

(b) lend or part with any driver authority card, or

(c) fraudulently obtain a driver authority card, or assist another person to obtain such a card fraudulently, or

(d) make, supply or use a counterfeit driver authority card.

Maximum penalty—10 penalty units.

Replacement of driver authority cards

33 Replacement of driver authority cards

(1) A driver authority card that has been altered or defaced is void and may be returned to TfNSW for replacement.

(2) On the return of a driver authority card, or on proof to the satisfaction of TfNSW that a driver authority card has been destroyed, stolen or lost, TfNSW may cause a duplicate of it to be issued.

(3) Before issuing a duplicate driver authority card, TfNSW may require—

(a) proof of the identity of the person seeking the duplicate, and

(b) a new photo of the person to be supplied for display on the card.

(4) Any duplicate driver authority card issued under this clause becomes, for the purposes of the Act and this Regulation, the driver authority card in respect of which the duplicate is issued, and the original driver authority card, if it is not already void, becomes void.

33A

33A, 33B (Repealed)

Part 4

General obligations of drivers of public passenger vehicles

Part 4 General obligations of drivers of public passenger vehicles

pt 4, note: Rep 2017 (595), Sch 1 [31].

Definition

34 Definition

In this Part, public passenger vehicle means a public passenger vehicle other than a ferry.

Conduct of drivers

35 Conduct of drivers

(1) The driver of a public passenger vehicle must—

(a) behave in an orderly manner and with civility and propriety towards any passenger, intending passenger, driver of another public passenger vehicle or authorised officer, and

(b) comply with every reasonable requirement of an authorised officer or passenger.

Maximum penalty—50 penalty units.

(2) (Repealed)

cl 35: Am 2017 (595), Sch 1 [32]; 2019 (612), cl 3(1).

Driver not to eat or drink in vehicle

36 Driver not to eat or drink in vehicle

(1) The driver of a public passenger vehicle must not eat or drink in the vehicle while the vehicle is hired or available for hire, or is otherwise in use as a public passenger vehicle.

Maximum penalty—5 penalty units.

(2) Nothing in this clause prohibits a driver of a public passenger vehicle from eating or drinking in the vehicle for medical reasons.

(3) (Repealed)

cl 36: Am 2017 (595), Sch 1 [33].

Driver to ensure vehicles are clean

37 Driver to ensure vehicles are clean

(1) The driver of a public passenger vehicle must ensure that the vehicle is clean and tidy.

(2) (Repealed)

Maximum penalty—10 penalty units (in the case of an offence committed in the Sydney Airport precinct) or 2 penalty units (in any other case).

cl 37: Am 2017 (595), Sch 1 [34].

(Not used)

38 (Not used)

Driver not to drive vehicle subject to non-compliance label

39 Driver not to drive vehicle subject to non-compliance label

The driver of a public passenger vehicle must not drive the vehicle if—

(a) the expiry date or expiry time of a non-compliance label affixed to the vehicle has passed, or

(b) the driver is aware that a non-compliance label has been unlawfully removed from the vehicle.

Maximum penalty—10 penalty units.

Driver to move and drive vehicles carefully

40 Driver to move and drive vehicles carefully

The driver of a public passenger vehicle must not—

(a) move the vehicle while any door is open, or

(b) negligently or wilfully move or drive or cause the vehicle to be moved or driven so that any person is subjected to the risk of injury.

Maximum penalty—50 penalty units.

Carriage of goods and animals

41 Carriage of goods and animals

(1) The driver of a public passenger vehicle must not permit any person to place or carry in or on the vehicle any article that is of such size or has such dimensions that it cannot be accommodated in or on the vehicle without inconvenience or danger to any other person.

Maximum penalty—2 penalty units.

(2) The driver of a public passenger vehicle must not permit any person to place or carry in or on the vehicle any dog, cat, bird or other animal unless it is suitably confined in a box, basket or other container.

Maximum penalty—2 penalty units.

(3) Subclause (2) does not apply to an assistance animal or an assistance animal in training.

(4) The driver of a public passenger vehicle must not refuse to carry an assistance animal or an assistance animal in training in or on the vehicle.

Maximum penalty—10 penalty units.

cl 41: Am 2017 (595), Sch 1 [35] [36].

Lost property given to drivers

42 Lost property given to drivers

(1) A driver of a public passenger vehicle who is given lost property under this Regulation or who finds such property must, within 24 hours after being given or finding the property, give the property to the owner of the property, to the accredited operator of the public passenger service or to a police officer at a police station.

(2) (Repealed)

Maximum penalty—5 penalty units.

cl 42: Am 2017 (595), Sch 1 [37].

Training of drivers

43 Training of drivers

(1) The driver of a public passenger vehicle must, whenever reasonably required to do so by TfNSW, undertake and satisfactorily complete (or pass an examination in respect of) any one or more of the following training courses, being a training course approved by TfNSW and conducted by a registered training organisation—

(a) a public passenger vehicle driver training course,

(b) a public passenger vehicle driver training refresher course,

(c) a training course concerning the driving of public passenger vehicles in specified places, or in specified circumstances, or in both (for example, a course concerning the driving of public passenger vehicles in the Kosciuszko National Park during winter).

(2) TfNSW may—

(a) suspend a driver’s authorisation to drive public passenger vehicles pending the satisfactory completion of (or the passing of an examination in respect of) such a course, or

(b) determine (either generally or in a particular case) that a driver’s authorisation to drive public passenger vehicles will be renewed only on the satisfactory completion of (or on the passing of an examination in respect of) such a course.

(3) (Repealed)

cl 43: Am 2017 (595), Sch 1 [38].

Driver to notify TfNSW of alleged offence

44 Driver to notify TfNSW of alleged offence

(1) The driver of a public passenger vehicle must, in accordance with this clause, furnish TfNSW with written details of the following—

(a) any alleged offence (other than a parking offence) with which the driver is charged by a police officer,

(b) any penalty notice issued to the driver in respect of an alleged offence (other than a parking offence) that relates to the driving of a motor vehicle.

Maximum penalty—10 penalty units.

(2) (Not used)

(3) In the case of a charge that is laid by a police officer, or a penalty notice relating to the driving of a motor vehicle that is issued, on or after the commencement of this clause (other than a charge or a penalty notice in respect of a parking offence), the details are to be furnished within 7 days after the laying of the charge or the issue of the notice.

Driver to provide driver licence for inspection

45 Driver to provide driver licence for inspection

(1) If an authorised officer requests a driver of a public passenger vehicle to produce the driver’s driver licence, the driver must—

(a) hand the driver’s driver licence to the authorised officer for inspection, or

(b) display the driver’s digital driver licence.

Note.

Section 61C of the Road Transport Act 2013 sets out the requirements for the display of a digital driver licence.

Maximum penalty—5 penalty units.

(2) In this clause—

driver includes a person who—

(a) is occupying the driver seat of a vehicle that is on a road or road related area, or

(b) is otherwise apparently in charge of such a vehicle.

cl 45: Am 2019 (612), cl 3(2).

Driver to hand over driver authority card for inspection

46 Driver to hand over driver authority card for inspection

The driver of a public passenger vehicle must, at the request of an authorised officer, hand the appropriate driver authority card to the officer for inspection.

Maximum penalty—10 penalty units (in the case of an offence committed by the driver of a bus in the Sydney Airport precinct) or 5 penalty units (in any other case).

cl 46: Am 2017 (595), Sch 1 [39].

Medical condition of drivers

47 Medical condition of drivers

(1) On attaining the age of 60 years and from then on at intervals of 12 months, the driver of a public passenger vehicle must, at the driver’s own expense, furnish TfNSW with a certificate from a medical practitioner containing the medical practitioner’s assessment, in accordance with any requirements of TfNSW, of the driver’s medical condition.

Maximum penalty—10 penalty units.

(2) TfNSW may, by notice in writing, require a driver of a public passenger vehicle to attend a medical practitioner specified in the notice, by a date specified in the notice, for the purposes of undergoing a medical fitness examination.

(3) The driver of a public passenger vehicle must (in so far as the driver is capable of doing so) furnish TfNSW, within 48 hours after any change in the physical or mental condition of the driver of which the driver is aware that may affect the driver’s ability to drive public passenger vehicles safely, with written details of the change.

Maximum penalty—10 penalty units.

Part 5

Conduct of passengers and other persons in or on public passenger vehicles, trains and railway premises

Part 5 Conduct of passengers and other persons in or on public passenger vehicles, trains and railway premises

Definitions

48 Definitions

(1) In this Part—

hold, in relation to a ticket or reservation, means be able to produce the ticket or reservation on request.

passenger has the same meaning as in the Act and includes an intending passenger but does not include the driver or crew of a train.

public area means any part of railway premises that the public uses or is entitled to use.

rail infrastructure has the same meaning as in the Rail Safety National Law (NSW).

rail infrastructure manager has the same meaning as in the Rail Safety National Law (NSW).

rail transport operator means—

(a) a rail infrastructure manager, or

(b) a rolling stock operator, or

(c) a person who is both a rail infrastructure manager and a rolling stock operator.

railway crossing does not include any crossing over the running lines of a light rail system in a road or road related area.

restricted area of a station has the same meaning as in Part 6.

road and road related area have the same meanings as in the Road Transport Act 2013.

rolling stock operator means a person who has effective management and control of the operation or movement of rolling stock on rail infrastructure for a particular railway but does not include a person merely because the person drives the rolling stock or controls the network or the network signals.

running line means all railway tracks (other than sidings) that are used for the through movement of trains.

station has the same meaning as in Part 6.

(2) In this Part, a reference to a bus or ferry is a reference to a bus or ferry used to provide a public passenger service.

Exemptions for authorised officers

49 Exemptions for authorised officers

An authorised officer is not liable for an offence under this Part for anything done in the course of the officer’s duty.

No offensive behaviour or language

50 No offensive behaviour or language

A person must not, in or on a public passenger vehicle or train or in a public area—

(a) behave in an offensive manner, or

(b) use any offensive language, or

(c) wilfully interfere with the comfort or safety of other persons, or

(d) put any of the person’s feet on a seat, or

(e) spit.

Maximum penalty—10 penalty units.

No smoking

51 No smoking

(1) A person must not smoke in or on any public passenger vehicle or train or in any public area.

Maximum penalty—5 penalty units.

(2) This clause does not apply to a part of a public area in or on which smoking is permitted by signs displayed by or with the authority of the operator of the public passenger service or the rail transport operator concerned.

(3) In this clause, smoke has the same meaning as in the Smoke-free Environment Act 2000.

cl 51: Am 2018 No 13, Sch 3 [2].

Limitation on eating and drinking in certain public passenger vehicles and trains

52 Limitation on eating and drinking in certain public passenger vehicles and trains

(1) (Repealed)

(2) A person must not drink any alcohol on any bus, ferry or train or in any public area.

Maximum penalty—10 penalty units.

(3) Subclause (2) does not apply if the alcohol was supplied by, or with the permission of, the operator of the bus or ferry or the rail transport operator of the train concerned.

(4) A passenger must not eat or drink on any bus, ferry or train (or part of a bus, ferry or train) in which eating and drinking is prohibited by signs displayed, by or with the authority of the operator of the bus or ferry or the rail transport operator concerned, in the bus, ferry or train (or part), except with the written permission of the operator or the permission of an authorised officer.

Maximum penalty—5 penalty units.

(5) However, nothing in this clause prohibits a person from drinking water, or from eating or drinking for medical reasons, in or on a public passenger vehicle or train.

(6) In this clause, drink, in relation to alcohol, includes be in possession of an opened container of alcohol.

cl 52: Am 2017 (595), Sch 1 [40].

Control of animals

53 Control of animals

(1) A person must not take into or on any public passenger vehicle or any train intended for the conveyance of passengers any dog, cat, bird or other animal—

(a) in the case of a public passenger vehicle—unless the animal is suitably confined in a box, basket or other container, and

(b) in the case of a train—except under the conditions imposed by the rail transport operator of the relevant railway for the conveyance of the animal.

Maximum penalty—5 penalty units.

(2) A person must not allow an animal under the person’s care or control on, or to stray onto, railway premises unless the animal is being taken onto or from a train in accordance with the conditions referred to in subclause (1).

Maximum penalty—5 penalty units.

(3) Subclauses (1) and (2) do not apply in respect of an assistance animal or an assistance animal in training.

(4) A person must not, without the permission of an authorised officer, take a dog onto any part of a station, or have a dog in the person’s charge on a station, unless the dog is under the person’s direct physical control by means of a lead, chain or frame (such as those used to control assistance animals) or otherwise.

Maximum penalty—5 penalty units.

Conveyance of petrol and things containing petrol and things intended for vandalism

54 Conveyance of petrol and things containing petrol and things intended for vandalism

(1) A person must not have any of the following in the person’s possession on any public passenger vehicle, train or any part of railway premises—

(a) any petrol or substance containing petrol,

(b) any vehicle, article or other thing that contains petrol or a substance containing petrol.

Maximum penalty—10 penalty units.

(2) Subclause (1) does not apply to—

(a) an employee of the operator of a public passenger service or a rail transport operator in the execution of the employee’s duty, or

(b) a person authorised by the operator of a public passenger service or a rail transport operator.

(3) A person must not, without reasonable excuse, have in the person’s possession on any public passenger vehicle, train or any part of railway premises any thing intended for use in damaging property.

Maximum penalty—10 penalty units.

54A

Converted e-bike batteries prohibited on rail services—the Act, s 63(2)(o) and (mm)

54A Converted e-bike batteries prohibited on rail services—the Act, s 63(2)(o) and (mm)

(1) A person must not bring a converted e-bike battery—

(a) onto a restricted rail vehicle, or

(b) into the following parts of the restricted area of a station—

(i) the platform,

(ii) for a station with ticket barriers or smartcard readers—a part of the station between the platform and the barriers or readers that is not a publicly accessible thoroughfare.

Maximum penalty—10 penalty units.

(2) This clause does not apply to a person if the person—

(a) has a disability that impairs the person’s mobility, and

(b) uses a converted e-bike as a mobility aid, and

(c) is carrying a medical certificate or a health practitioner certificate stating that the person is able to use an e-bike as a mobility aid, and

(d) immediately produces the certificate if an authorised officer asks to see the certificate.

(3) In this clause—

converted e-bike means a bicycle that—

(a) did not, at the time the bicycle was manufactured, have an auxiliary motor, and

(b) has been modified to have an auxiliary motor.

converted e-bike battery means a lithium battery used for supplying power to the auxiliary motor of a converted e-bike, whether or not the battery is attached to the e-bike.

health practitioner means a physiotherapist or an occupational therapist.

health practitioner certificate means a certificate that—

(a) is signed by a health practitioner, and

(b) states a date of issue.

medical certificate has the same meaning as in the Road Rules 2014.

restricted rail vehicle means—

(a) a train, other than a light rail vehicle, used to provide a rail passenger service, or

(b) a coach or bus operated by NSW Trains in connection with a rail passenger service.

cl 54A: Ins 2025 (590), Sch 1[1].

Direction to leave public passenger vehicle, train or railway premises

55 Direction to leave public passenger vehicle, train or railway premises

(1) A driver of a public passenger vehicle or train or an authorised officer may direct a person to leave, or not to enter, a public passenger vehicle or train if the driver or authorised officer is of the opinion that—

(a) the person’s body, clothing or luggage (or any other thing on or carried by the person)—

(i) may soil or damage the public passenger vehicle or train or the clothing or luggage of other passengers, or

(ii) is of such a size or has such dimensions that it cannot be accommodated in the public passenger vehicle or train without inconvenience or danger to other passengers or to the driver, or

(b) the person is otherwise causing, or is likely to cause, inconvenience to other passengers or to the driver of the public passenger vehicle or train (whether because the person is under the influence of alcohol or another drug, or for any other reason), or

(c) the person is committing an offence under this Regulation in or on the public passenger vehicle or train, or

(d) the person is committing an offence under section 4 of the Graffiti Control Act 2008 in relation to the public passenger vehicle or train.

(2) An authorised officer may direct a person to leave, or not to enter, railway premises if the authorised officer is of the opinion that—

(a) the person is causing, or is likely to cause, inconvenience to other persons on those railway premises (whether because the person is under the influence of alcohol or another drug, or for any other reason), or

(b) the person is committing an offence under this Regulation in or on those railway premises, or

(c) the person is committing an offence under section 4 of the Graffiti Control Act 2008 in relation to any part of the infrastructure of a railway or any property on those railway premises.

(3) A person who is given a direction under subclause (1) or (2) must comply with it.

Maximum penalty—10 penalty units.

(4) A person who has been directed to leave a public passenger vehicle, train or railway premises must not, without a reasonable excuse, re-enter the public passenger vehicle, train or railway premises within 2 hours of the direction being given.

Maximum penalty—10 penalty units.

(5) A person who refuses or fails to comply with a direction given under this clause may be removed from the relevant public passenger vehicle, train or railway premises by an authorised officer.

Lost property

56 Lost property

(1) A person who finds any article that appears to be lost in or on a public passenger vehicle must—

(a) return the article to its owner, or

(b) give it to the driver of the public passenger vehicle, an employee of the operator of the public passenger service concerned or an authorised officer.

Maximum penalty—5 penalty units.

(2) A person who finds any article that appears to be lost in a train or any public area must—

(a) return it to its owner, or

(b) give it, or report its location, to an employee of the relevant rail transport operator or an authorised officer.

Maximum penalty—5 penalty units.

(3) A rail transport operator must develop and implement procedures that comply with this clause for dealing with any lost property that is found in a train or any public area for which the operator is responsible.

Maximum penalty—5 penalty units.

(4) Those procedures are to include (but are not limited to) procedures involving—

(a) the keeping of registers of—

(i) lost property that is found, and

(ii) enquiries as to lost property, and

(b) the keeping of written records as to when and how lost property, when found, is to be returned or disposed of.

(5) Those procedures must be capable of being audited.

No interference with equipment of, or damage to, vehicle

57 No interference with equipment of, or damage to, vehicle

A person must not—

(a) without reasonable excuse, interfere with any equipment attached to, or forming part of, a public passenger vehicle or train, or

(b) wilfully damage any part of a public passenger vehicle or train.

Maximum penalty—50 penalty units.

No removal of property

58 No removal of property

A person (other than the owner of the property concerned) must not, without reasonable excuse, remove from any public passenger vehicle or train any property of the driver or operator of the vehicle or train or of the crew of the vehicle or train.

Maximum penalty—10 penalty units.

No littering

59 No littering

(1) A person must not in or on any public passenger vehicle or train or in any public area—

(a) deposit any litter otherwise than in a receptacle provided for that purpose, or

(b) deposit any thing that may endanger any person or property.

Maximum penalty—10 penalty units.

(2) A person must not abandon any building material on any train, any part of a railway or any railway premises.

Maximum penalty—10 penalty units.

No throwing

60 No throwing

A person must not, without reasonable excuse—

(a) throw any thing in or from a public passenger vehicle or train or any station, light rail stop or any other part of the rail infrastructure, or

(b) throw any thing at a public passenger vehicle or train or any station, light rail stop or any other part of the rail infrastructure, or

(c) drop any thing on or towards a public passenger vehicle or train or any station, light rail stop or any other part of the rail infrastructure.

Maximum penalty—20 penalty units.

Vandalism

61 Vandalism

A person must not destroy or damage any public passenger vehicle or train, any rail infrastructure or any property on railway premises.

Maximum penalty—20 penalty units.

Note.

Offences relating to graffiti are contained in Part 2 of the Graffiti Control Act 2008.

Lighting fires

62 Lighting fires

A person must not—

(a) light a fire on, or

(b) bring any burning substance into or onto, or cause a burning substance to be brought into or onto, or

(c) throw or drop any burning substance on or from, or cause any burning substance to be thrown or dropped on or from,

any public passenger vehicle or train, any part of a railway or any railway premises.

Maximum penalty—10 penalty units.

Driver to take action in relation to dangerous conduct

63 Driver to take action in relation to dangerous conduct

The driver of a public passenger vehicle must take such action as is appropriate (for example, contacting the operator or the police for help) if the driver believes on reasonable grounds that the conduct of a passenger is endangering the safety of any person.

No unauthorised commercial activities

64 No unauthorised commercial activities

(1) A person must not carry on a commercial activity on any bus, ferry or train or public area except with the written permission of the bus, ferry or railway operator concerned.

Maximum penalty—5 penalty units.

(2) For the purposes of this clause, a commercial activity means any one or more of the following—

(a) the sale or hire (or the offer for sale or hire) of any thing to a person who is present on the bus, ferry or train or in the public area concerned,

(b) the touting or soliciting for custom, hire or employment if it is directed at one or more persons who are present on the bus, ferry or train or in the public area concerned,

(c) the distribution of handbills to any person,

(d) the soliciting of money (whether by way of busking or otherwise) from any person who is present on the bus, ferry or train or in the public area concerned.

Entry to and exit from buses, ferries, trains and railway premises

65 Entry to and exit from buses, ferries, trains and railway premises

A passenger must not, without reasonable excuse—

(a) enter or leave a ferry except at a place designated by the ferry operator for passengers to enter or leave the ferry, or

(b) enter or leave a train operated on a railway other than a light rail system—except at a place designated by the rail transport operator of the railway for persons to enter or leave the train, or

(c) enter or leave a train operated on a railway that is a light rail system—except at the side of the train adjoining the light rail stop designated by the rail transport operator for persons to enter or leave the train, or

(d) enter or leave a bus, ferry or train—

(i) while the bus, ferry or train is in motion, or

(ii) through a window, or

(e) enter or leave a station, platform or other work or premises connected with a railway otherwise than by a place designated by the rail transport operator of the railway for entry or exit.

Maximum penalty—5 penalty units.

Limited stop buses, ferries and trains

66 Limited stop buses, ferries and trains

(1) A passenger must not, without the permission of an authorised officer—

(a) board a bus at a bus stop at which the bus is not scheduled to pick up passengers, or

(b) board a ferry used for a regular ferry service or a long-distance ferry service at a ferry wharf at which the ferry is not scheduled to pick up passengers, or

(c) board a train at a station at which the train is not scheduled to pick up passengers.

Maximum penalty—5 penalty units.

(2) A passenger must not, without the permission of an authorised officer—

(a) leave a bus at a bus stop at which the bus is not scheduled to set down passengers, or

(b) leave a ferry used for a regular ferry service or a long-distance ferry service at a ferry wharf at which the ferry is not scheduled to set down passengers, or

(c) leave a train at a station at which the train is not scheduled to set down passengers.

Maximum penalty—5 penalty units.

No travel allowed on certain parts of bus, ferry or train

67 No travel allowed on certain parts of bus, ferry or train

(1) A passenger must not, without reasonable excuse, travel on any portion of a bus, ferry or train not intended for the conveyance of passengers.

Maximum penalty—5 penalty units.

(2) Without limiting subclause (1)—

(a) the portions of a bus not intended for the conveyance of passengers include the roof, steps and footboard and the stairs of a double-decker bus, and

(b) the portions of a train not intended for the conveyance of passengers include the engine or locomotive, the roof, steps and footboard and the stairs of a double-decker train.

(3) A passenger must not stand on the top deck of a double-decker bus otherwise than in the course of entering or exiting the top deck.

Maximum penalty—5 penalty units.

(4) A passenger must not sit or stand on the side rails of a ferry (whether or not the ferry is moving).

Maximum penalty—5 penalty units.

(5) A person who is on a train must not, without reasonable excuse—

(a) protrude any part of the person’s body from an open door or window of the train, or

(b) touch any building, structure or other object outside the train with any part of the person’s body or with an object.

Maximum penalty—5 penalty units.

No entry to driver’s compartment of bus, ferry or train or crew compartment of ferry or train

68 No entry to driver’s compartment of bus, ferry or train or crew compartment of ferry or train

(1) A passenger must not enter the driver’s compartment of a bus, ferry or train.

Maximum penalty—10 penalty units.

(2) A passenger must not—

(a) enter the crew compartment of a ferry without the permission of the driver of the ferry or an authorised officer, or

(b) remain in the crew compartment of a ferry after having been requested to leave the compartment by the driver of the ferry or an authorised officer.

Maximum penalty—10 penalty units.

(3) A passenger must not—

(a) enter any crew compartment of a train without the permission of an authorised officer, or

(b) remain in the crew compartment of a train after having been requested to leave the compartment by an authorised officer.

Maximum penalty—10 penalty units.

68A

No hindering or distracting of bus driver

68A No hindering or distracting of bus driver

A passenger on a bus must not—

(a) hinder the driver of the bus in the exercise of the driver’s functions, or

(b) distract the driver of the bus in a manner that is likely to affect the driving of the bus.

Maximum penalty—10 penalty units.

68B

No interference with equipment on buses, ferries or trains

68B No interference with equipment on buses, ferries or trains

(1) A passenger must not, without reasonable excuse—

(a) interfere with any equipment attached to or forming part of a bus, ferry or train, or

(b) interfere with any part of a security camera system or duress alarm system fitted to a bus in accordance with clause 82 or cause or permit any such interference, or

(c) block a bus door or train door, or

(d) open a locked bus door or train door at any time, or

(e) open an unlocked bus door while the bus is in motion, or

(f) open an unlocked train door (other than an internal door or a door between carriages) while the train is moving, or

(g) in any way interfere with an automatically operated bus door or train door, or

(h) use the public address or other communications system of a ferry.

Maximum penalty—50 penalty units.

(2) A person must not, without reasonable excuse, do any of the following—

(a) use the public address system of a train or on a station or at a light rail stop,

(b) use any other communications system or information system of a train or on a station or at a light rail stop or on any other part of the infrastructure of a railway, or any emergency help point for passengers, for a purpose other than the purpose for which it is provided,

(c) apply or release any brake on a train,

(d) use or interfere with any emergency or safety equipment on a station or at a light rail stop or on any other part of the infrastructure of a railway,

(e) operate or otherwise interfere with any electrical or mechanical apparatus or device that is on railway premises or is attached to, or forms part of, any train,

(f) throw any article or thing at or towards, or otherwise interfere with, any electricity supply line or any electrical or mechanical apparatus on railway premises.

Maximum penalty—50 penalty units.

(3) In this clause, emergency or safety equipment includes closed circuit television cameras, emergency help points for passengers, emergency breakdown equipment, alarms, stretchers, fire extinguishers and the like.

68C

Persons not to hinder use of ferry facilities or facilities in public areas

68C Persons not to hinder use of ferry facilities or facilities in public areas

(1) A person must not, without reasonable excuse—

(a) obstruct any ferry facility or facility in a public area, or

(b) hinder (whether by obstruction or by any other means) another person’s use of any ferry facility or facility in a public area.

Maximum penalty—10 penalty units.

(2) Without limiting subclause (1)—

(a) ferry facilities include the following—

(i) the entrance to a ferry wharf,

(ii) the exit from a ferry wharf,

(iii) stairways and escalators on, or leading to, a ferry wharf,

(iv) the gangplank between a ferry and a ferry wharf, and

(b) facility in a public area includes the following—

(i) the entrance to a station or light rail stop,

(ii) the exit from a station or light rail stop,

(iii) stairways and escalators at a station or light rail stop, and

(c) a person who sits on a stairway on a ferry, or on a stairway on or leading to a ferry wharf, is taken to hinder another person’s use of ferry facilities.

68D

Use of escalators and lifts

68D Use of escalators and lifts

(1) A person must not, while in any public area—

(a) ride on a travelling handrail of an escalator, or

(b) without reasonable excuse, move while on an escalator in a direction opposite to that in which it is travelling, or

(c) without reasonable excuse, convey any goods on an escalator or in a lift, or

(d) without reasonable excuse, interfere in any manner with an escalator or lift or the working of an escalator or lift.

Maximum penalty—5 penalty units.

(2) In this clause, goods does not include shopping, strollers, prams, bicycles, surfboards or luggage.

68E

Person not to use a scooter, skateboard, rollerblades or the like or drive in certain areas

68E Person not to use a scooter, skateboard, rollerblades or the like or drive in certain areas

(1) A passenger must not use a scooter or skateboard, or rollerblades or roller skates, or the like, on a bus, ferry or train.

Maximum penalty—5 penalty units.

(2) A person must not drive a vehicle or use a scooter or skateboard, or rollerblades or roller skates, or the like, on or along a platform or a pathway, subway or other way on railway premises.

Maximum penalty—5 penalty units.

(3) This clause does not apply—

(a) to vehicles designed to carry persons unable to walk or who have difficulty in walking (such as motorised wheelchairs or mobility scooters), or

(b) to a motorised trolley being used by an employee of the operator of the public passenger service or the rail transport operator concerned in the execution of the employee’s duty.

68F

No touching of moving trains

68F No touching of moving trains

A person on railway premises who is not on a train must not touch, or attempt to touch, any part of a moving train with any part of the person’s body or with an object.

Maximum penalty—5 penalty units.

68G

Seating for aged persons or persons with a disability

68G Seating for aged persons or persons with a disability

(1) An operator of a bus service or ferry service or a rail transport operator may, by appropriate notices, set aside seating on a bus, ferry or train for persons who are aged or have a disability.

(2) A person who is not aged and does not have a disability must not continue to occupy a seat on a bus, ferry or train set aside as referred to in subclause (1) for aged persons and persons with disabilities if the person has been asked by another person who wants to use the seat and is aged or has a disability (or by someone on their behalf) to vacate the seat.

Maximum penalty (subclause (2)): 5 penalty units.

68H

Pedestrians

68H Pedestrians

A person must not, while proceeding on foot in any public area, proceed at a pace or in a manner that may cause injury or damage or that may endanger any person or property.

Maximum penalty—5 penalty units.

68I

Gates to be closed

68I Gates to be closed

A person who uses a gate at a railway crossing, or any other gate set up at the side of the railway, must shut and securely fasten the gate immediately after use.

Maximum penalty—5 penalty units.

68J

No trespassing

68J No trespassing

(1) A person must not, without reasonable excuse, go onto or into, or remain on or in—

(a) the restricted area of a station, or

(b) any running lines or associated part of any rail infrastructure, or

(c) any workshops forming part of rail infrastructure, or

(d) any offices or administrative areas of a railway, or

(e) any other railway premises.

Maximum penalty—50 penalty units.

(2) Subclause (1) does not apply to a person who has the permission of the rail transport operator of the railway to enter the railway premises.

(3) An authorised officer who has reason to believe that a person is committing an offence under subclause (1) may direct the person to leave the restricted area of the station, running lines, associated part of the rail infrastructure, workshop, office or administrative area or railway premises.

(4) A person must comply with a direction given to the person under subclause (3).

Maximum penalty—5 penalty units.

68K

(Not used)

68K (Not used)

68L

Restrictions on vehicles driven on certain railway structures

68L Restrictions on vehicles driven on certain railway structures

(1) The rail transport operator of a railway may, by notice exhibited conspicuously on or near a railway road bridge or other railway structure, fix a vehicle’s maximum loaded mass, maximum axle load or other load limit in respect of the bridge or structure.

(2) A person must not drive on or over a railway road bridge or other railway structure a vehicle whose loaded mass, axle load or other load exceeds the maximum limit so fixed and notified unless—

(a) the person has obtained the written permission of the rail transport operator of the railway concerned to do so, and

(b) the vehicle is driven in conformity with any conditions determined by the rail transport operator in respect of it.

Maximum penalty—5 penalty units.

(3) In this clause, a reference to a railway road bridge or other railway structure is a reference to a bridge or other structure that is provided for the purpose of enabling vehicles to cross a running line.

68M

Bicycles not to be left in certain areas

68M Bicycles not to be left in certain areas

A person must not leave a bicycle on railway premises or chained or otherwise attached to any building, fence or other railway installation on railway premises, except in a cloak room, parcels office or other place designated by the rail transport operator of the relevant railway for that purpose.

Maximum penalty—5 penalty units.

68N

Compulsory reservation of sleeping berths or seats

68N Compulsory reservation of sleeping berths or seats

(1) A person must not, except with the permission of an authorised officer, travel on a train on which booking is compulsory without holding—

(a) both a valid ticket for the travel concerned and a reservation for a sleeping berth or seat, or

(b) a combined travel and reservation ticket.

Maximum penalty—5 penalty units.

(2) This clause does not apply to a person who is travelling with another person who holds a valid ticket and reservation, or a combined travel and reservation ticket (or tickets and reservations, or combined travel and reservation tickets) authorising, for both persons, travel on the train concerned.

(3) A person is not liable to be punished under both this clause and clause 77A(1) in respect of the same travel.

(4) In this clause, valid ticket has the same meaning as in Part 6.

68O

Unauthorised occupation of reserved seats

68O Unauthorised occupation of reserved seats

(1) The rail transport operator of a railway may, by an appropriate notice attached to (or in the vicinity of) a seat in a train used on the railway, reserve the seat for a passenger.

(2) An authorised officer may direct a person to leave a seat reserved for another person if the officer is not satisfied that the person is occupying the seat with the permission of either the person for whom it is reserved or an authorised officer.

(3) A person must comply with a direction given to the person under this clause.

Maximum penalty—5 penalty units.

68P

Unauthorised occupation of sleeping berths

68P Unauthorised occupation of sleeping berths

(1) A person must not, except with the permission of an authorised officer, occupy a sleeping berth on a train—

(a) other than the berth allotted to the person, or

(b) without holding or having delivered up on the train a sleeping berth ticket or other receipt for the fare for the berth.

Maximum penalty—5 penalty units.

(2) An authorised officer may direct a person contravening subclause (1) to leave the berth.

(3) A person must comply with a direction given to the person under this clause.

Maximum penalty—5 penalty units.

68Q

Crossing running lines—generally

68Q Crossing running lines—generally

(1) A person must not cross or drive a vehicle over a running line except by means of a railway crossing, bridge or subway constructed for that purpose.

Maximum penalty—10 penalty units.

(2) This clause does not apply to or in respect of—

(a) an employee of a rail transport operator in the execution of the employee’s duty, or

(b) an officer of the National Rail Safety Regulator or the Office of Transport Safety Investigations in the execution of the officer’s duty, or

(c) a person who takes any action referred to in this clause at the request or direction of an authorised officer, an employee of a rail transport operator or an officer referred to in paragraph (b) in the execution of the officer’s or employee’s duty, or

(d) a running line used in a road or road related area for the purpose of a light rail system.

68R

Pedestrians crossing running line

68R Pedestrians crossing running line

(1) A person on foot (unless in charge of an animal) must not, without reasonable excuse, cross over a running line at ground level at a railway crossing if a bridge or subway is provided at the crossing.

Maximum penalty—10 penalty units.

(2) A person on foot must not cross over a running line at a railway crossing—

(a) if warned not to do so by an authorised officer, or

(b) contrary to a warning displayed at the railway crossing.

Maximum penalty—10 penalty units.

(3) A person on foot must not cross over a running line at a railway crossing at which are installed barriers or a bell, alarm, red light or other warning device—

(a) if barriers are installed—while those barriers are in any position other than the fully open position, or

(b) whether or not barriers are installed—while any bell, alarm, red light or other warning device is operating.

Maximum penalty—10 penalty units.

(4) This clause does not apply to—

(a) an employee of a rail transport operator in the execution of the employee’s duty, or

(b) a person who takes any action referred to in this clause at the request or direction of an authorised officer or employee of a rail transport operator in the execution of the officer’s or employee’s duty.

68S

Certain vehicles crossing running line at railway crossing

68S Certain vehicles crossing running line at railway crossing

(1) A person must not drive a vehicle across a railway crossing—

(a) if the vehicle is carrying a load that is likely to cause any damage to railway property or to cause an obstruction, or

(b) contrary to a sign displayed at the railway crossing, or

(c) if directed not to do so by an authorised officer.

Maximum penalty—10 penalty units.

(2) Subclause (1)(a) does not apply if the vehicle and load comply with the relevant statutory rules under the Road Transport Act 2013 or Heavy Vehicle National Law (NSW) (or are the subject of a relevant permit under the Act or Law).

68T

Driving animals across running line at ground level

68T Driving animals across running line at ground level

A person (with or without a vehicle) must not, at ground level, drive an animal across a running line at a railway crossing—

(a) if warned not to do so by an authorised officer, or

(b) if a train is in sight and moving towards the railway crossing, or

(c) if warning of the approach of a train has been given by a whistle or other device.

Maximum penalty—10 penalty units.

68U

No placing of objects on running lines

68U No placing of objects on running lines

(1) A person must not leave any object on a running line.

Maximum penalty—50 penalty units.

(2) This clause does not apply to anything done by—

(a) an employee of a rail transport operator in the execution of the employee’s duty, or

(b) any other person in the course of carrying out work in relation to the running line concerned on behalf of, or at the request of, the rail transport operator.

Part 6

Tickets

Part 6 Tickets

Definitions

69 Definitions

In this Part—

approved payment device means a smartcard that is a credit or debit card, or other payment device, of a class approved by TfNSW, by notice published in the Gazette, for the payment of fares by scanning at a smartcard reader.

concession ticket means a ticket intended to provide free travel, or travel at a reduced fare, on a public passenger vehicle or train.

paid area of a ferry wharf means all parts of a ferry wharf (being a wharf for which ticket barriers or smartcard readers are installed) that are located between the place where ferries dock and the ticket barriers or smartcard readers.

public passenger service means the carriage of passengers for a fare or other consideration—

(a) by a bus along a road or road related area, or along the whole or part of a transitway route, or

(b) by vessel within any New South Wales waterway.

public passenger vehicle means—

(a) a bus used to provide a regular passenger service, or

(b) a ferry used to provide a regular passenger service.

read means—

(a) in relation to a smartcard (other than an approved payment device)—ascertain the amount, or travel entitlement, recorded on the smartcard and includes add an amount to or deduct an amount from any amount so recorded, and

(b) in relation to an approved payment device—obtain information from the device for the purpose of processing the payment of a fare or ascertaining whether the device is valid for travel in accordance with clause 77D.

restricted area of a station means—

(a) if the station has no ticket barriers or smartcards readers—the platform, or

(b) if the station has ticket barriers or smartcard readers—the platform and all other parts of the station between the platform and the ticket barriers or smartcard readers.

scan, in relation to a smartcard, means hold the smartcard in front of a smartcard reader until such time as the smartcard reader indicates (by means of a display, sound or other signal) that it has read the smartcard.

Note.

Scanning a smartcard is also commonly referred to as tapping on or tapping off.

station means any station on railway premises, and includes any place designated for the picking up and setting down of passengers on a railway.

ticket means an authority to travel on a public passenger vehicle or train that may take any of the following forms—

(a) a printed ticket,

(b) a smartcard,

(c) any other thing issued by or on behalf of the operator of a public passenger service or rail passenger service or TfNSW for the purpose of authorising a person to travel on a public passenger vehicle or train used to carry on the service concerned.

valid ticket means—

(a) a ticket (other than a smartcard) that is valid for travel in accordance with Division 2, or

(b) a smartcard that is valid for travel in accordance with Division 3.

Meaning of “smartcard”

70 Meaning of “smartcard”

(1) For the purposes of the definition of smartcard in section 3(1) of the Act, the following are types of smartcard—

(a) a card issued by or on behalf of TfNSW—

(i) on which an amount, or an entitlement to travel on public passenger vehicles or trains, may be recorded electronically, and

(ii) that may be scanned at, and read electronically by, a smartcard reader for the purpose of enabling the person by whom the smartcard is held to pay for, or exercise an entitlement to, travel on public passenger vehicles or trains (regardless of whether the smartcard may also be used to pay for, or exercise a right to, travel on other public transport systems),

(b) an approved payment device.

(2) Without limiting the way in which an entitlement to travel on a public passenger vehicle or train may be recorded on a smartcard (other than an approved payment device), the entitlement may be limited by reference to any one or more (or any combination) of the following—

(a) the kinds of public passenger vehicles or trains on which the entitlement may be exercised,

(b) the geographical boundaries within which it may be exercised,

(c) the times or periods within which it may be exercised.

Meaning of “smartcard reader”

71 Meaning of “smartcard reader”

For the purposes of the definition of smartcard reader in section 3(1) of the Act, a smartcard reader is a type of device that, under the authority of TfNSW—

(a) is installed on a public passenger vehicle or train or at a place at which passengers may board or leave public passenger vehicles or trains (including a transport interchange) or is carried by an authorised officer, and

(b) is of a make or model specified from time to time by TfNSW by notice published in the Gazette or uses software of a type, or with a capability, specified from time to time by TfNSW by notice published in the Gazette.

Application of Division

72 Application of Division

This Division applies to tickets other than smartcards.

Valid tickets

73 Valid tickets

(1) A ticket for a public passenger service or rail passenger service is valid for travel—

(a) only for the journey or journeys for which it is issued or in the zone or area for which it is issued, and

(b) in the case of a ticket that is issued for use on a particular day or days or for a particular period, only on the relevant day or days or during the relevant period, and

(c) in the case of a ticket showing the name of the person to whom it was issued—only by that person.

(2) A ticket is not valid if—

(a) it is transferred in contravention of this Division, or

(b) it has been defaced, mutilated or altered, or

(c) any of the following information on the ticket is illegible—

(i) the number of the ticket,

(ii) the issue date or the expiry date (or both) of the ticket,

(iii) the names of bus stops, stations or light rail stops between which (or the zone or area within which) the ticket authorises travel,

(iv) the name (if shown) of the person to whom the ticket was issued.

(3) However, an illegible, defaced, mutilated or altered ticket is valid if the illegibility, defacing, mutilation or alteration occurred as a result of the ordinary use of the ticket.

Tickets generally not transferable

74 Tickets generally not transferable

(1) A person who is issued with a ticket must not transfer (or offer to transfer) the ticket, or a portion of the ticket, to any person.

Maximum penalty—5 penalty units.

(2) This clause does not apply if—

(a) the ticket was bought on behalf of that other person and, in the case of a concession ticket, that other person is entitled to use that concession ticket, or

(b) the ticket—

(i) is not issued in any person’s name, and

(ii) was issued for travel for a particular number of journeys at any time within a particular zone, for a particular distance or on a particular route, and

(iii) in the case of a concession ticket, the person is entitled to the ticket, or

(c) the transfer is authorised by the operator of the public passenger service or rail passenger service to which the ticket relates.

Alteration or defacement of tickets prohibited

75 Alteration or defacement of tickets prohibited

A person must not, with intent to deceive, deface, mutilate or alter a ticket or make a ticket illegible (or, in the case of a ticket that has a magnetic strip, inoperative).

Maximum penalty—5 penalty units.

Valid smartcards

76 Valid smartcards

(1) A smartcard is valid for travel on a particular journey only if—

(a) the smartcard—

(i) has been successfully processed for the journey, or

(ii) could have been successfully processed but was not able to be for reasons beyond the control of the person making the journey, and

(b) the smartcard is being used in accordance with the terms and conditions for its use published by TfNSW under the Passenger Transport Act 2014, section 128A, and

(c) the journey is on a route or railway line that TfNSW has designated from time to time, by order published in the Gazette, as a route or railway line for which a smartcard of that kind may be used.

(1A) Subclause (1)(a)(ii) does not apply in relation to a smartcard that is not successfully processed because there are no facilities available for the issue or topping-up of a smartcard.

(2) A smartcard is successfully processed if it is processed in accordance with clause 77D and the processing accepts the smartcard as valid.

cl 76: Am 2025 No 77, Sch 6.

Making smartcard inoperative prohibited

77 Making smartcard inoperative prohibited

A person must not, with intent to deceive, make a smartcard inoperative.

Maximum penalty—5 penalty units.

77A

Valid ticket required for travel

77A Valid ticket required for travel

(1) A person must not travel, or attempt to travel, on a public passenger vehicle or train unless the person (or someone accompanying the person) holds a valid ticket for the person’s travel.

Maximum penalty—5 penalty units.

(2) This clause does not apply in the case of a person who does not hold a ticket if the person—

(a) boards a bus at a bus stop, a ferry at a ferry wharf or a train at a station where, at all relevant times before the person boarded, there were no facilities available for the issue of an appropriate ticket, or

(b) the person is a child of or under 3 years of age.

(2A) Subclause (2)(a) does not apply if the appropriate ticket is a smartcard.

(3) In this clause, hold a ticket means be able to produce the ticket on request.

77B

Other offences in relation to fares and tickets

77B Other offences in relation to fares and tickets

(1) A person who is travelling on a train or ferry without having paid the correct fare for the travel concerned must not, without reasonable excuse, fail to pay the correct fare—

(a) on demand made by an authorised officer, or

(b) if no such demand has been made, as soon as facilities are available to pay the fare, whether on the train or ferry or at the station, stop or wharf at which the person’s travel on the train or ferry is completed.

Maximum penalty—5 penalty units.

(2) A person must not, knowingly and without reasonable excuse, travel on a train in a carriage or compartment of a class to which the person’s ticket does not apply.

Maximum penalty—5 penalty units.

(3) In this clause, train includes any other form of transport (such as a bus) provided by the rail transport operator in substitution for a train.

(4) This clause does not apply in relation to travel on a route or railway line for which a smartcard may be used.

77C

Concession tickets

77C Concession tickets

(1) A person must not travel, or attempt to travel, on a public passenger vehicle or train on the authority of a concession ticket unless the person is entitled to the concession ticket.

Maximum penalty—5 penalty units.

(2) The driver of a public passenger vehicle or an authorised officer may direct a person—

(a) who is travelling in a public passenger vehicle or train on the authority of a concession ticket, or

(b) who processes a concession ticket under this Division, or

(c) who makes a concession ticket available for inspection under this Division,

to produce to the driver or authorised officer evidence (for example, the person’s pensioner or student concession card) that the person is entitled to the concession ticket.

(3) A person who is given such a direction must immediately comply with it.

Maximum penalty—5 penalty units.

(4) A person may not be prosecuted for offences under both subclause (1) and subclause (3) in relation to the same travel.

(5) A person must not—

(a) in or in connection with an application for a concession ticket or the issue or purchase of a concession ticket, or

(b) in purported compliance with a direction made under this clause,

knowingly give any information or tender any document that contains a false or misleading particular with respect to the age, occupation or status of the person to whom the application or direction relates.

Maximum penalty—5 penalty units.

(6) For the purposes of this Regulation, a person is entitled to a concession ticket if the person is of a class of persons determined by TfNSW as being entitled to the type of concession ticket concerned.

77D

Tickets to be processed

77D Tickets to be processed

(1) A person must not, without reasonable excuse, do any of the following without processing (or without someone accompanying the person processing) a valid ticket for the person in accordance with this clause—

(a) board a bus,

(b) enter (otherwise than by getting off a train), or leave, the restricted area of a station,

(c) enter (otherwise than by getting off a ferry), or leave, the paid area of a ferry wharf used for the purposes of, or in connection with, a regular ferry service,

(d) if there is no paid area of the ferry wharf—board or leave a ferry.

Maximum penalty—5 penalty units.

(1A) It is not a reasonable excuse for the purposes of subclause (1) that there were no facilities available for the issue or topping-up of a smartcard.

(2) For the purposes of this clause, a person processes a ticket—

(a) in the case of a smartcard—by scanning it at an appropriate smartcard reader, and

(b) in the case of a ticket other than a smartcard—

(i) by automatic processing, that is, by putting it into automatic processing equipment provided to read or record any details on the ticket, or

(ii) by providing the ticket for inspection by an authorised officer on request or an employee of the operator of the public passenger service or rail passenger service concerned, or

(iii) by allowing the ticket to be processed manually by an authorised officer or an employee of the operator of the public passenger service or rail passenger service concerned.

(3) Subclause (1)(a) does not apply to a person who on boarding a bus buys a valid ticket from the driver of the bus.

(4) A ticket (other than a smartcard) that is designed to be processed by automatic processing must not be processed by any other method unless—

(a) the bus, ferry, ferry wharf or station concerned is not supplied with automatic processing equipment or the automatic processing equipment is not functioning, or

(b) the person has a reasonable excuse for not using the automatic processing equipment.

(5) The operator of a bus that is being used to provide a regular bus service must ensure that the driver of the bus is provided with facilities that enable the driver to sell tickets for journeys on the bus, unless the bus—

(a) is clearly designated as a bus on which only pre-paid tickets may be used, or

(b) is used to provide a free service.

Maximum penalty—5 penalty units.

(6) The driver of a bus that is being used to provide a regular bus service must (unless the driver has a reasonable excuse for not doing so) ensure that tickets for journeys on the bus are processed in accordance with this clause.

Maximum penalty—5 penalty units.

77E

Inspection of tickets

77E Inspection of tickets

(1) A person must make the person’s ticket available for inspection by an authorised officer on that officer’s request if the person—

(a) is on, or has just left, a public passenger vehicle, or

(b) is in or has just left the paid area of a ferry wharf used for the purposes of, or in connection with, a regular ferry service, or

(c) is on a train or is in or has just left the restricted area of a station.

Maximum penalty—5 penalty units.

(2) A person who has just left the paid area of a ferry wharf used for the purposes of, or in connection with, a regular ferry service or the restricted area of a station does not commit an offence under this clause if the person’s ticket has been—

(a) captured by an automatic gate or other equipment provided to read or record any details on the ticket, or

(b) given to an authorised officer or employee of the operator of the ferry service or the rail passenger service concerned.

77F

Certificate evidence

77F Certificate evidence

(1) In proceedings for an offence against this Part, a certificate purporting to be signed by an authorised officer certifying that—

(a) the officer is authorised under the Act to operate a smartcard reader, and

(b) a person named in the certificate produced a smartcard for inspection by the authorised officer, and

(c) the authorised officer used a smartcard reader to read information off that smartcard, and

(d) the reading took place on the date and at the time stated in the certificate, and

(e) the information specified in the certificate was obtained from that reading,

is admissible and is prima facie evidence of the particulars certified in and by the certificate.

(2) In proceedings for an offence against this Part, evidence of the condition of a smartcard reader, or of the manner in which it was operated, is not required unless evidence sufficient to raise doubt that the smartcard reader was in proper condition and properly operated has been adduced.

(3) This clause does not apply in respect of a smartcard that is an approved payment device.

Part 7

Special provisions relating to buses

Part 7 Special provisions relating to buses

Buses to show accreditation details

78 Buses to show accreditation details

(1) The operator of a bus service must ensure that each bus used in the service displays, in accordance with this clause, the information required by this clause.

Maximum penalty—10 penalty units.

(2) The bus must display the following information—

(a) the name under which the accreditation for the bus service in which the bus is normally used is held,

(b) the accreditation number allocated by TfNSW to the operator in respect of that bus service,

(c) the location of the depot at which the bus is normally based.

(3) The information must be displayed as follows—

(a) on the front nearside or offside panel of the bus,

(b) as far forward as possible (forward of the wheel arch, if possible),

(c) in English in block letters at least 50 millimetres high,

(d) in such a manner as to be clearly readable from a distance of 5 metres.

Buses to be fitted with driver authority card holders

79 Buses to be fitted with driver authority card holders

The operator of a bus service must ensure that each bus used in the service is fitted with a device suitable for holding the driver authority card in such a manner as to enable the driver to display the card as required by clause 92.

Maximum penalty—5 penalty units.

Management information system

80 Management information system

(1) The operator of a bus service must maintain the following records—

(a) a fleet register that includes the vehicle identification number, fleet number (if allocated) and registration details of each vehicle in the fleet,

(b) a register of insurance details for each vehicle in the fleet,

(c) maintenance records for each vehicle in the fleet,

(d) records under TfNSW’s Heavy Vehicle Inspection Scheme in relation to each vehicle in the fleet,

(e) copies of drivers’ vehicle defect reports,

Note.

See clause 81 for the requirement for these reports.

(f) a register of reports of accidents involving vehicles in the fleet,

(g) details of accidents involving vehicles in the fleet,

(h) a complaints register detailing all complaints received in respect of the bus service and the action taken in respect of each complaint.

Maximum penalty—5 penalty units.

(2) In this clause—

vehicle identification number, in relation to a motor vehicle, means the number allocated to the vehicle in accordance with the requirements of the national road vehicle standards under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12.

cl 80: Am 2020 No 30, Sch 4.62[2]; 2021 No 22, Sch 5.6.

Vehicle defect reports

81 Vehicle defect reports

(1) The operator of a bus service must make available, in respect of each bus in the fleet, a blank vehicle defect form for each day that the bus is used in the provision of the service.

Maximum penalty—5 penalty units.

(2) If the driver of the bus identifies a defect, the driver must fill in the form as appropriate at the end of the driver’s period of driving the bus.

Maximum penalty—5 penalty units.

(3) The completed form must be returned to the operator of the bus service, in accordance with the relevant procedures established by that operator, as soon as practicable after the bus’s last journey on the day to which the form relates (or, in the case of a service that extends beyond midnight on any day, on the following day).

Security camera systems and duress alarm systems

82 Security camera systems and duress alarm systems

(1) An operator of a bus service who carries on a regular passenger service partly or wholly within the Metropolitan, Newcastle or Wollongong transport district or within the Central Coast local government area must ensure that each bus in the fleet is fitted with—

(a) an approved security camera system, and

(b) an approved duress alarm system.

Maximum penalty—10 penalty units.

(2) (Not used)

(3) Schedule 1 has effect in relation to any security camera system with which a bus is fitted (whether or not pursuant to this clause).

(4) Nothing in this clause prevents any authorised officer or other person authorised by TfNSW for the purpose of this clause from carrying out an inspection, check or other test of, or performing any proper function in relation to, a security camera system or duress alarm system.

Timetables

83 Timetables

(1) The operator of a long-distance bus service must ensure that the timetable for the service can reasonably be met without any need for buses to break any relevant speed limits.

(2) The operator of a long-distance bus service must, on request by TfNSW, provide a copy of the timetable for the service so that the timetable may be checked to ensure that it complies with this clause.

Maximum penalty—10 penalty units.

Manifest of passengers

84 Manifest of passengers

(1) The operator of a long-distance, tourist or charter service that is provided by means of buses must provide to the driver of each bus concerned, for each day that the bus is used to provide the service, a manifest of passengers that complies with this clause.

Maximum penalty—5 penalty units.

(2) The manifest must contain the following information in respect of each passenger—

(a) the passenger’s name,

(b) contact details (such as an address and telephone number) for the passenger,

(c) the date and time that the passenger is due to board the bus,

(d) the seat number (if any) allocated to the passenger.

(3) The driver of the bus must return the manifest to the operator as soon as practicable after the completion of the relevant journey.

Maximum penalty—5 penalty units.

(4) The operator of the service must retain each manifest for a period of 60 days after the completion of the relevant journey.

Maximum penalty—5 penalty units.

(5) This clause does not apply in respect of a bus that—

(a) is being used only within a radius of 40 kilometres from its usual depot, or

(b) is being used for a charter service, but only if the operator of the bus maintains records for 60 days after the bus is used for any such service that include the name, address and telephone number of the person who chartered the bus, the date and time of the charter and the telephone number of a responsible passenger on board the chartered bus.

Information in buses

85 Information in buses

(1) The operator of a bus service must ensure that information is displayed inside a bus in accordance with this clause while the bus is being used to provide the service.

Maximum penalty—5 penalty units.

(2) The following information must be displayed—

(a) a summary of the rights and obligations of passengers,

(b) brief details (including a telephone number) as to how complaints relating to the bus services might be made.

(3) The information—

(a) must be approved by TfNSW, and

(b) must be displayed in a position where it may easily be read by passengers.

Buses to be clean and tidy

86 Buses to be clean and tidy

The operator of a bus service must not allow a bus to be used to provide the service unless the bus is clean and tidy.

Maximum penalty—10 penalty units.

Destination signs on buses

87 Destination signs on buses

(1) The operator of a bus service must not use a bus to conduct a regular passenger service unless the bus displays a destination sign in accordance with this clause.

Maximum penalty—5 penalty units.

(2) The sign—

(a) must be displayed on the front of the bus, and

(b) must show the route number and the destination of the bus, and

(c) must be capable of being illuminated.

(3) This clause does not apply to or in respect of a bus that is being used principally to provide transport to school students pursuant to a contract with TfNSW under the Act.

Notification of accidents and incidents

88 Notification of accidents and incidents

(1) An operator of a bus service who becomes aware that a bus being used to provide the service has been involved in an accident or incident must notify TfNSW of the accident or incident, in accordance with subclause (2), if the accident or incident—

(a) resulted in a person being injured, or

(b) prevented the bus from continuing its journey, or

(c) is, in the reasonable opinion of the operator of the service, otherwise likely to arouse serious public concern.

Maximum penalty—5 penalty units.

(2) A notification under subclause (1)—

(a) must be given within 3 days after the operator becomes aware of the accident or incident concerned, and

(b) must be given in a form approved by TfNSW.

(3) An operator of a bus service who becomes aware that a bus being used to provide the service has been involved in an accident or incident must notify the Chief Investigator of the accident or incident, in accordance with subclause (4), if the accident or incident—

(a) involved or resulted in any one or more of the following—

(i) a person being injured,

(ii) the driver of the bus being incapacitated,

(iii) a mechanical or electrical fire or an explosion on the bus,

(iv) a failure of the steering or brakes of the bus,

(v) a bus being in motion while not under the effective control of a driver,

(vi) the bus being unable to continue its journey,

(vii) a person being caught in the doors of the bus and being dragged by the bus, or

(b) is, in the reasonable opinion of the operator of the service, otherwise likely to arouse serious public concern.

Maximum penalty—5 penalty units.

(4) A notification under subclause (3)—

(a) must be given immediately after the operator becomes aware of the accident or incident concerned, and

(b) must be given by telephone or by such other means as the Chief Investigator may reasonably require, and

(c) must include such details of the accident or incident as the Chief Investigator may reasonably require.

(5) TfNSW and the Chief Investigator are to provide each other with access to the details of any notification given under this clause, including access to any telephone recording that may have been made.

Passengers to be notified of requirement to use seatbelts in buses

89 Passengers to be notified of requirement to use seatbelts in buses

(1) The operator of a bus service must take reasonable steps to ensure that every passenger on a bus operated by the operator is made aware that the passenger is required to wear a seatbelt (if fitted) in the bus unless the passenger is exempt from that requirement under rule 267 of the Road Rules 2014.

Maximum penalty—10 penalty units.

(2) Steps that may be taken under subclause (1) include (but are not limited to) the following—

(a) putting up signs inside the bus,

(b) arranging for the driver of the bus to notify passengers (for example, through a public address system on the bus or by means of a recorded audio message or video).

Audit

90 Audit

(1) TfNSW may require an operator of a bus service, at regular intervals or at any particular time, to undertake (at the operator’s expense) an audit of such of the operator’s records and bus operations as TfNSW may specify.

(2) An operator of whom a requirement is made under subclause (1)—

(a) must cause the audit to be carried out in accordance with TfNSW’s requirements, and

(b) must submit the audit to TfNSW within the period, or by the date, specified by TfNSW.

Maximum penalty—5 penalty units.

(3) TfNSW may require any one or more of the audits under this clause to be carried out by an auditor, or by an auditor from a class, approved by TfNSW.

cl 90: Am 2020 No 30, Sch 4.62[2].

(Not used)

91 (Not used)

Driver to display driver authority card

92 Driver to display driver authority card

The driver of a bus must not drive the bus unless the appropriate driver authority card—

(a) is contained in a holder firmly affixed to the interior of the bus, and

(b) is displayed so that its face can be seen easily by any passenger in the bus.

Maximum penalty—5 penalty units.

Driver to stop bus to pick up and set down passengers

93 Driver to stop bus to pick up and set down passengers

(1) Subject to this clause, the driver of a bus—

(a) must stop the bus and set down any passenger who indicates to the driver that the passenger wishes to leave the bus, and

(b) must stop the bus and pick up any person who indicates to the driver that the person wishes to board the bus.

Maximum penalty—5 penalty units.

(2) The driver of a bus must not stop the bus on a road or road related area for the purpose of setting down or picking up passengers otherwise than close to and parallel with the side of the carriageway of the road or area.

Maximum penalty—5 penalty units.

(3) The driver of a bus may refuse to stop the bus—

(a) at any place at which stopping the bus would be unlawful or, in the opinion of the driver, unsafe, or

(b) in the case of a bus operating along a route for which bus stops are indicated by signs, at any place other than a bus stop.

(4) The driver of a bus may refuse to stop the bus to set down a passenger at a bus stop at which the bus is not scheduled, as indicated on the bus or in the timetable for the relevant journey, to set down passengers.

(5) The driver of a bus may refuse to stop the bus to pick up a passenger—

(a) if by doing so the driver would contravene the provisions of clause 41 (Carriage of goods and animals) or 94 (Driver not to overload bus), or

(b) if the intending passenger is a person who is, or who is carrying a thing that is, likely to soil or damage the bus or the clothing or luggage of other passengers, or otherwise to cause inconvenience or danger to other passengers or to the driver (as referred to in clause 55(1)(a) or (b)), or

(c) at a bus stop at which the bus is not scheduled, as indicated on the bus or in the timetable for the relevant journey, to pick up passengers.

Driver not to overload bus

94 Driver not to overload bus

(1) The driver of a bus must not—

(a) carry at any one time in a single-decked bus (or on either deck of a two-decked bus) a greater number of passengers seated than the number authorised to be carried seated in the single-decked bus (or on that deck of the two-decked bus), or

(b) carry at any one time in a single-decked bus (or on the lower deck of a two-decked bus) a greater number of passengers standing than the number authorised to be carried standing.

Maximum penalty—5 penalty units.

(2) In calculating the number of passengers being carried, the following persons are not to be taken into account—

(a) any child apparently under the age of 5 years who is being held on the lap of a seated passenger,

(b) of the children apparently under the age of 12 years (whether seated or standing), every third such child.

(3) For the purposes of subclause (2)(b), the following children are not to be taken into account—

(a) children who are seated on single seats,

(b) children who are seated on multiple seats that are designed (either by means of fixed armrests or seating places contoured for individual passengers) so as to be impracticable for use by more than the number of passengers for whom they are designed.

(4) The number of passengers who, for the purposes of this clause, are authorised to be carried seated, or are authorised to be carried standing, is the appropriate number specified in a certificate issued by the manufacturer of the bus or by a consulting engineer approved by TfNSW for the purposes of this clause.

Operator to display sign showing maximum number of passengers

95 Operator to display sign showing maximum number of passengers

The operator of a bus must ensure that there is displayed on the bus, in a conspicuous position on the outside of the rear of the bus and in letters at least 25 mm high and of proportionate breadth, the number of passengers authorised to be carried on the bus, seated and standing respectively.

Maximum penalty—5 penalty units.

Driver not to carry passengers on certain portions of bus

96 Driver not to carry passengers on certain portions of bus

The driver of a bus must not—

(a) carry any passenger on any portion of the bus not set apart or intended for the conveyance of passengers, or

(b) in the case of a two-decked bus, permit any passenger to stand on the upper deck of the bus, or

(c) permit any person to occupy any portion of the driving seat or of the bus on the right-hand side of that seat and abreast of it, or

(d) permit any person to be on any portion of the bus in front of the driving seat.

Maximum penalty—5 penalty units.

Driver to remain in bus

97 Driver to remain in bus

The driver of a bus must not, without reasonable excuse, leave the driving seat of the bus.

Maximum penalty—5 penalty units.

Driver to provide medical certificates

98 Driver to provide medical certificates

The driver of a bus must, at the driver’s own expense, furnish TfNSW at intervals of 36 months until the driver attains the age of 60 years with a certificate from a medical practitioner containing the medical practitioner’s assessment, in accordance with any requirements of TfNSW, of the driver’s medical condition.

Maximum penalty—10 penalty units.

Note.

See clause 47 for requirements for medical certificates after the driver attains the age of 60 years.

Dealing with contraventions of this Regulation by school students

99 Dealing with contraventions of this Regulation by school students

(1) Despite any other provision of this Regulation, the operator of a bus service, a driver of a bus or an authorised officer may take only such action under this Regulation as is reasonable in the circumstances when dealing with a school student who has contravened a provision of this Regulation concerning travel on buses.

(2) In determining what action is reasonable for the purposes of subclause (1), regard is to be had to any guidelines for managing the behaviour of school students on buses published from time to time by TfNSW.

100

Directions to move to certain part of the bus

100 Directions to move to certain part of the bus

(1) A driver of a bus, or an authorised officer on a bus, may direct a school student on the bus to occupy a specified seat on the bus, or to move to a particular part of the bus, if the driver or authorised officer believes on reasonable grounds that it is necessary for the preservation of order on the bus.

(2) A school student who is given such a direction must comply with it.

Maximum penalty—5 penalty units.

101

Direction to leave bus

101 Direction to leave bus

A driver of a bus, or an authorised officer on a bus, is not to direct a person who the driver or authorised officer knows is a school student (or ought reasonably to know is a school student) to leave the bus unless—

(a) on leaving the bus, the school student will be in the care of a person who is legally responsible for the student, or

(b) the place at which the student is directed to leave the bus would appear to a reasonable person to be appropriate, having regard to the traffic conditions, proximity to other transport and nature of the locality.

102

Refusal to pick up school student

102 Refusal to pick up school student

A driver of a bus may refuse to stop for, or to allow onto the bus, a school student who the driver believes on reasonable grounds has contravened a provision of this Regulation concerning travel on buses (whether or not the student has been prosecuted in relation to the contravention).

103

Review of action taken by operator or driver

103 Review of action taken by operator or driver

TfNSW may review any action taken by the operator of a bus service or by a driver of a bus that involves the refusal to carry a particular school student on a bus or the placing of conditions on the carrying of a particular school student on a bus.

104

Appointment of bus stops

104 Appointment of bus stops

(1) TfNSW may appoint bus stops, to be indicated by signs erected or displayed with the approval of the roads authority for the road concerned and on which the words “BUS STOP”, “BUS STAND” or “BUS ZONE”, or some suitable pictorial representation, appear.

(2) An operator of a bus service may appoint bus stops, but only in accordance with a prior written approval of the roads authority for the road concerned.

(3) If times are specified on a sign referred to in this clause, the sign operates only during those times, but if no times are so specified the sign operates at all times.

(4) In this clause, roads authority has the same meaning as it has in the Roads Act 1993.

105

Buses registered interstate

105 Buses registered interstate

A person must not carry on a bus service using a bus that is not registered within the meaning of the Road Transport Act 2013 unless there is displayed in the bus, in a manner and form approved by TfNSW, an indication that the person is an accredited bus operator.

Maximum penalty—10 penalty units.

106

Interstate bus drivers: exemption from section 11

106 Interstate bus drivers: exemption from section 11

(1) A person who holds a licence, permit or other authority—

(a) that allows the person to drive a public bus (that is, a bus that is used to provide a public passenger service) in some other State or Territory, and

(b) that is recognised by TfNSW for the purposes of this clause,

is exempt from the provisions of section 11(1) of the Act, and so is not required to hold an authority under Division 2 of Part 2 of the Act in order to drive such a bus in New South Wales.

(2) This exemption does not apply in relation to journeys that take place wholly within New South Wales.

Part 8

Drug and alcohol testing—the Act, Sch 5, cl 3

Part 8 Drug and alcohol testing—the Act, Sch 5, cl 3

pt 8: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

107

Interpretation

107 Interpretation

(1) In this Part—

analyst means a person employed by the owner or operator of an approved laboratory as an analyst.

approved laboratory means—

(a) in relation to blood samples—the following laboratories—

(i) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at Lidcombe,

(ii) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at North Ryde, and

(b) in relation to urine samples—a laboratory accredited by the National Association of Testing Authorities, Australia for AS/NZS 4308:2023.

AS/NZS 4308:2023 means AS/NZS 4308:2023, Procedures for specimen collection and the detection and quantification of drugs in urine.

authorised sample taker has the same meaning as in the Road Transport Act 2013, Schedule 3.

breath analysing instrument has the same meaning as in the Road Transport Act 2013.

breath analysis has the same meaning as in the Road Transport Act 2013, Schedule 3.

breath test means a test for the purpose of indicating the concentration of alcohol in a person’s blood, carried out on the person’s breath using a device, other than a breath analysing instrument, of a type that complies with the requirements of AS 3547:2019, Breath alcohol testing devices.

bus operator means an accredited service operator who carries on a public passenger service by means of a bus.

bus safety employee means a transport safety employee who performs bus safety work.

drug has the same meaning it has in the Road Transport Act 2013.

Note—

Drug is defined in the Road Transport Act 2013 to include alcohol.

ferry operator means a person who carries on a public passenger service by means of a ferry.

ferry safety employee means a transport safety employee who performs ferry safety work.

hospital means a public or private hospital, and includes a hospital under the Road Transport Act 2013, Schedule 3, Part 2, Division 4.

on-site drug screening device means a device that determines the presence or absence of drugs in urine using an immunoassay technique that meets the initial test cut-off levels listed in AS/NZS 4308:2023, table 3.1.

operator means—

(a) a bus operator, or

(b) a ferry operator.

prescribed concentration of alcohol means a concentration of 0.02 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

sample, in relation to blood or urine, includes, if the sample is divided into portions, a portion of the sample.

test supervisor means a person authorised under clause 134 to be a test supervisor.

(2) For the purposes of this Part—

(a) a reference to a police officer authorised by the Commissioner of Police to carry out a breath analysis is a reference to a police officer so authorised under the Road Transport Act 2013, and

(b) a thing done by a person acting at the direction or under the supervision of an authorised sample taker or analyst is taken to have been done by the authorised sample taker or analyst, and

(c) a power to require a person to provide a sample of blood or urine includes a power to require a person to provide samples of blood and urine.

cl 107: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2]. Am 2024 (331), Sch 2; 2025 (604), Sch 1[1]–[3].

108

Random and targeted testing

108 Random and targeted testing

(1) A test supervisor may require a transport safety employee, who the test supervisor has reasonable cause to believe is on duty for the purpose of carrying out transport safety work or about to carry out transport safety work, to do either or both of the following—

(a) undergo a breath test in accordance with the test supervisor’s directions,

(b) provide a sample of the employee’s urine for the purpose of testing for the presence of drugs.

(2) A test supervisor may select a transport safety employee for testing on a random or targeted basis.

(3) A transport safety employee may be—

(a) breath tested whether or not there is a suspicion the employee has recently consumed alcohol, and

(b) required to provide a urine sample whether or not there is a suspicion the employee has recently taken a drug.

(4) A transport safety employee is about to carry out transport safety work if the employee has left home or a temporary residence for work that is transport safety work but has not yet commenced the work.

(5) If a transport safety employee was about to carry out transport safety work, the following results may be used for the purposes of disciplinary proceedings against the employee but are not admissible in proceedings for an offence under this Regulation—

(a) the result of a breath test carried out under this clause or the result of a subsequent breath or other analysis,

(b) the result of a test or analysis performed on a sample of the employee’s urine that was provided under this clause.

cl 108: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

109

Testing in specified situations

109 Testing in specified situations

(1) A test supervisor or police officer who has reasonable cause to believe that a transport safety employee has been involved in an accident or irregular incident while carrying out transport safety work may require the employee to do either or both of the following—

(a) undergo a breath test in accordance with the directions of the test supervisor or police officer,

(b) provide a sample of the employee’s urine for the purpose of testing for the presence of drugs.

(2) Nothing in this clause limits clause 108 or 123.

cl 109: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

110

Assessment of sobriety if breath testing device not available

110 Assessment of sobriety if breath testing device not available

(1) A test supervisor or police officer may require a transport safety employee to submit to an assessment of the employee’s sobriety in accordance with the directions of the test supervisor or police officer if—

(a) the test supervisor or police officer is entitled under this Regulation to require the employee to undergo a breath test, and

(b) the device required to carry out the breath test is not readily available.

(2) A requirement that a transport safety employee submit to an assessment under subclause (1) is not open to challenge in proceedings on the basis that the device was readily available.

cl 110: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

111

Breath analysis following breath testing

111 Breath analysis following breath testing

(1) A test supervisor or police officer may require a transport safety employee to submit to a breath analysis in accordance with the directions of the test supervisor or police officer if—

(a) it appears to the test supervisor or police officer, as a result of a breath test or an assessment under this Regulation, that the prescribed concentration of alcohol may be present in the employee’s breath or blood, or

(b) the employee is required by a test supervisor or police officer to undergo a breath test or submit to an assessment under this Regulation and the employee refuses or fails to do so in accordance with the directions of the test supervisor or police officer.

(2) If a police officer is entitled to require a transport safety employee to submit to a breath analysis, the police officer may—

(a) arrest the employee without warrant, and

(b) take the employee, using necessary force, to a police station or another place the police officer reasonably requires, and

(c) detain the employee at the police station or other place for the purposes of the breath analysis.

(3) If a test supervisor is entitled to require a transport safety employee to submit to a breath analysis, the test supervisor may direct the employee to attend and submit to a breath analysis—

(a) at the nearest police station or another place the test supervisor reasonably requires, and

(b) within a reasonable time required by the test supervisor.

(4) A breath analysis must be carried out by—

(a) a police officer authorised by the Commissioner of Police to carry out a breath analysis, or

(b) a test supervisor.

(5) As soon as practicable after a transport safety employee has submitted to a breath analysis, the test supervisor or police officer operating the breath analysing instrument must deliver to the employee and the operator who employed or contracted the employee a written statement signed by the test supervisor or police officer.

(6) The written statement referred to in subclause (5) must specify—

(a) the concentration of alcohol determined by the analysis to be present in the employee’s breath or blood and expressed in grams of alcohol in 210 litres of breath or 100 millilitres of blood, and

(b) the date and time the breath analysis was completed.

(7) A transport safety employee who is required to submit to a breath analysis by a test supervisor or police officer may request the test supervisor or police officer to arrange for a sample of the employee’s blood to be taken for analysis, in the presence of a test supervisor of police officer and at the employee’s own expense, by—

(a) a medical practitioner nominated by the employee, or

(b) if the employee requests, an authorised sample taker nominated by the test supervisor or police officer.

(8) Making a request under subclause (7) or taking a sample of an employee’s blood does not remove the obligation that the employee submit to a breath analysis in accordance with this clause.

cl 111: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

112

Blood or urine samples required following accidents

112 Blood or urine samples required following accidents

(1) If a transport safety employee attends or is admitted to a hospital for examination or treatment because the employee was involved in an accident while carrying out transport safety work, a test supervisor or police officer may require the employee to provide, as soon as practicable, a sample of the employee’s blood or urine in accordance with the directions of a medical practitioner who attends the employee at the hospital.

(2) If there is no medical practitioner present to attend the employee at the hospital, the blood or urine sample must be taken by a registered nurse.

(3) A medical practitioner or nurse must take a sample if informed by a test supervisor or police officer that the sample is required to be taken under this Regulation.

(4) A requirement under subclause (1) may be made through a medical practitioner or nurse who attends a transport safety employee at the hospital, rather than directly to the employee.

cl 112: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

113

Additional circumstances when samples may be required

113 Additional circumstances when samples may be required

(1) A test supervisor may require a transport safety employee to provide a sample of the employee’s blood or urine if—

(a) the test supervisor is entitled under this Regulation to require the employee to submit to a breath analysis, and

(b) a breath analysing instrument is not readily available.

(2) A test supervisor may require a transport safety employee to provide a sample of the employee’s blood or urine if—

(a) the test supervisor has a reasonable belief that, by the way in which the employee acts, the employee may be under the influence of a drug, and

(b) the employee has undergone a breath test in accordance with this Regulation, and

(c) the result of the test does not permit the employee to be required to submit to a breath analysis, and

(d) the test supervisor has required the employee to submit to a sobriety assessment and—

(i) the employee refuses to submit to the assessment, or

(ii) after the assessment is made, the test supervisor has a reasonable belief that the employee is under the influence of a drug.

Note—

Under clause 108, a transport safety employee may be required at any time to provide urine samples.

(3) A requirement that a transport safety employee provide a sample is not open to challenge in proceedings on the basis that a breath analysing instrument was readily available.

cl 113: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

114

Taking blood or urine samples

114 Taking blood or urine samples

(1) This clause applies if a test supervisor or police officer is entitled under this Regulation to require a transport safety employee to provide a sample of the employee’s blood or urine.

(2) The test supervisor or police officer may require the transport safety employee to provide the sample of urine in accordance with the directions of the test supervisor or police officer.

(3) The test supervisor or police officer may require the transport safety employee to provide the sample of blood at a hospital in accordance with the directions of an authorised sample taker.

(4) An authorised sample taker must take a sample of blood if informed by the test supervisor or police officer that the sample is required to be taken under this Regulation.

(5) If a police officer is entitled to require a transport safety employee to provide a sample of blood, the police officer may—

(a) arrest the employee without warrant, and

(b) take the employee, using necessary force, to a hospital, and

(c) detain the employee at the hospital for the purposes of obtaining the sample.

(6) If a test supervisor is entitled to require a transport safety employee to provide a sample of blood, the test supervisor may direct the employee to attend and provide the sample at the nearest hospital, within a reasonable time required by the test supervisor.

cl 114: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

115

Restrictions on testing

115 Restrictions on testing

A test supervisor or police officer cannot require a transport safety employee to undergo a breath test, submit to an assessment or a breath analysis or provide a sample of blood or urine—

(a) if the employee has been admitted to a hospital for medical treatment, unless the medical practitioner who attends the employee at the hospital or, if no medical practitioner is present to attend the employee, a registered nurse has been notified of the intention to make the requisition and the medical practitioner or nurse does not object on the ground that compliance would be prejudicial to the proper care or treatment of the employee, or

(b) if it appears to the test supervisor or police officer that it would, because of injuries sustained by the employee, be dangerous to the employee’s medical condition if the employee complied with the requisition, or

(c) at any time after the expiration of 4 hours from the time the employee carried out the transport safety work, or was due to commence the transport safety work, to which the requisition relates, or

(d) for an employee other than an employee who has been involved in an accident or irregular incident while carrying out transport safety work—after the employee has ceased to be on duty on a particular day, or

(e) at the employee’s home or temporary residence.

cl 115: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

116

Action to be taken in relation to blood samples

116 Action to be taken in relation to blood samples

(1) A person by whom a sample of a transport safety employee’s blood is taken under this Regulation must—

(a) place the sample into a container, and

(b) fasten and seal the container, and

(c) mark or label the container for future identification, and

(d) give to the person from whom the sample is taken a certificate relating to the sample that contains sufficient information to enable the sample to be identified as a sample of that person’s blood, and

(e) if the sample is taken under clause 111(7)—as soon as reasonably practicable after the sample is taken, hand the sample to the test supervisor or police officer who was present at the time the sample was taken.

(2) The test supervisor or police officer to whom a sample of blood is handed under subclause (1) must—

(a) immediately after being handed the sample, place the sample in a security box of a type approved by the Commissioner of Police and lock the box, and

(b) as soon as reasonably practicable, arrange for the sample to be submitted to an approved laboratory for analysis by an analyst to determine the concentration of alcohol and, where required, of other drugs in the blood.

(3) An approved laboratory that holds a sample submitted under this clause must forward a portion of the sample to a medical practitioner or laboratory if, within 12 months after taking the sample, the person who provided the sample requests the laboratory to do so and pays any costs associated with forwarding the portion.

cl 116: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

117

Action to be taken in relation to urine samples

117 Action to be taken in relation to urine samples

(1) A person by whom a sample of a transport safety employee’s urine is taken must collect the sample in accordance with AS/NZS 4308:2023, section 2.

(2) The test supervisor or police officer who required the employee to provide the sample must arrange for the sample to be submitted for initial testing.

(3) A sample submitted for initial testing or confirmatory analysis must be transported in accordance with AS/NZS 4308:2023, section 2.

(4) Initial testing may be carried out—

(a) at the place where the sample was taken, using an on-site drug screening device, or

(b) by an analyst at an approved laboratory, in accordance with AS/NZS 4308:2023, section 5.

(5) If initial testing indicates that the sample contains a drug, an analyst at an approved laboratory must conduct a confirmatory analysis of the sample in accordance with clause 118.

(6) The test supervisor or police officer who requires an employee to provide a sample is responsible for arranging the sample to be submitted to an analyst at an approved laboratory if the initial test is conducted at the place where the sample was taken in accordance with subclause (4)(a).

(7) An approved laboratory that holds a sample on which a confirmatory analysis has been carried out must forward a portion of the sample to a medical practitioner or laboratory if, within 12 months after taking the sample, the person who provided the sample requests the laboratory to do so and pays costs associated with forwarding the portion.

(8) Samples must be stored in accordance with AS/NZS 4308:2023, section 2.

cl 117: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2]. Am 2025 (604), Sch 1[4] [5].

118

Analysis of samples

118 Analysis of samples

(1) An analyst to whom blood is submitted for analysis under this Division may carry out an analysis of the blood to determine the concentration of alcohol in the blood or whether the blood contains a drug.

(2) An analyst to whom urine is submitted for analysis under this Division may carry out confirmatory analysis of the urine to determine whether the urine contains a drug only if initial testing in accordance with this Division indicates that the urine contains such a drug.

(3) The confirmatory analysis carried out under subclause (2), and any report provided, must be in accordance with—

(a) AS/NZS 4308:2023, sections 5 and 6, or

(b) another procedure as directed by TfNSW.

(4) Without limiting subclause (3)(b), TfNSW may, generally or in a particular case or class of cases, direct that a confirmatory analysis must be carried out to determine whether a drug specified in the Drug Misuse and Trafficking Act 1985, Schedule 1 is present in a sample.

cl 118: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2]. Am 2025 (604), Sch 1[6].

119

Authorised sample takers—protection from liability

119 Authorised sample takers—protection from liability

No civil or criminal liability is incurred by an authorised sample taker, or by a person acting at the direction or under the supervision of an authorised sample taker, in relation to anything properly and necessarily done in the course of taking a sample of blood or urine from a person, if the authorised sample taker—

(a) believed on reasonable grounds that the authorised sample taker was required under this Regulation to take the sample of blood or urine from the person, or

(b) was informed by a test supervisor or police officer that the person was someone from whom the authorised sample taker was required under this Regulation to take the sample of blood or urine.

cl 119: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

120

Employee having prescribed concentration of alcohol

120 Employee having prescribed concentration of alcohol

A transport safety employee who carries out transport safety work while the prescribed concentration of alcohol is present in the employee’s breath or blood is guilty of an offence.

Maximum penalty—10 penalty units or imprisonment for 6 months, or both.

cl 120: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

121

Employee under influence of alcohol or other drug

121 Employee under influence of alcohol or other drug

(1) A transport safety employee who carries out transport safety work while under the influence of alcohol or another drug is guilty of an offence.

Maximum penalty—10 penalty units or imprisonment for 6 months, or both.

(2) If a person is charged with an offence under this clause—

(a) the document commencing proceedings may allege the person was under the influence of more than one drug and is not liable to be dismissed on the ground of uncertainty or duplicity if each of the drugs is described in the document, and

(b) the offence is proved if the court is satisfied beyond reasonable doubt that the person was under the influence of—

(i) a drug described in the document commencing proceedings, or

(ii) a combination of drugs, one or more of which was or were described in the document.

cl 121: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

122

Refusal to be tested

122 Refusal to be tested

(1) If required to do so under this Regulation, a transport safety employee must, in accordance with the directions of a test supervisor or police officer—

(a) undergo a breath test, or

(b) submit to an assessment.

Maximum penalty—10 penalty units.

(2) If required to do so under this Regulation, a transport safety employee must, in accordance with the directions of a test supervisor or police officer—

(a) submit to a breath analysis, or

(b) provide a sample of blood or urine.

Maximum penalty—25 penalty units or imprisonment for 9 months, or both.

(3) It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court that the person was unable on medical grounds to comply with the requirement concerned.

cl 122: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

123

Failure to conduct test

123 Failure to conduct test

(1) An operator must ensure that a transport safety employee of the operator who is involved, or reasonably suspected of being involved, in a notifiable incident while carrying out transport safety work is required, within 4 hours after the incident—

(a) to undergo a breath test and, if it appears to the test supervisor as a result of the breath test that the prescribed concentration of alcohol may be present in the employee’s blood, a breath analysis, or

(b) to provide a sample of blood or urine in accordance with Division 2.

Maximum penalty—50 penalty units.

(2) It is a condition of the accreditation of a bus operator that the operator must not, without reasonable excuse, fail to comply with the requirements of this clause.

(3) In this clause—

notifiable incident means an accident or incident that the operator reasonably believes is likely to arouse serious public concern or that results in one or more of the following—

(a) the death of a person,

(b) an injury to a person that is, in the operator’s reasonable opinion, likely to require treatment at a hospital,

(c) the capsize, swamping, flooding or sinking of a ferry,

(d) a bus being prevented from continuing its journey.

cl 123: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

124

Interfering with results of test

124 Interfering with results of test

A transport safety employee or any other person must not, for the purpose of preventing or restricting the use of results of an analysis in proceedings against the employee, do anything to introduce, or alter the concentration of, alcohol or another drug in the employee’s breath, blood or urine before the employee submits to a breath analysis or provides a sample of blood or urine under this Regulation.

Maximum penalty—25 penalty units or imprisonment for 9 months, or both.

cl 124: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

125

Failure to take sample when required

125 Failure to take sample when required

(1) An authorised sample taker must not, when required under this Regulation to take a sample of blood or urine from a transport safety employee—

(a) refuse or fail to take the sample, or

(b) fail to comply with the requirements of Division 2 in relation to a sample taken.

Maximum penalty—10 penalty units.

(2) It is a defence to a prosecution for an offence under subclause (1) if the authorised sample taker satisfies the court that—

(a) the authorised sample taker believed on reasonable grounds that taking the sample from the transport safety employee would be prejudicial to the proper care and treatment of the employee, or

(b) the authorised sample taker was, because of the behaviour of the transport safety employee, unable to take the sample, or

(c) there was other reasonable cause for the authorised sample taker not to take the sample.

(3) A person must, when taking a sample of urine from a transport safety employee, comply with the requirements of Division 2 in relation to the sample.

Maximum penalty—10 penalty units.

(4) A person must not hinder or obstruct an authorised sample taker or other person who is attempting to take a sample of blood or urine under this Regulation.

Maximum penalty—20 penalty units.

cl 125: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

126

Interfering or tampering with, or destroying, samples

126 Interfering or tampering with, or destroying, samples

A person must not interfere or tamper with, or destroy, a sample of a person’s blood or urine provided or taken under this Regulation unless the sample is destroyed—

(a) by or at the direction of an analyst in the course of or on completion of analysis, or

(b) for a sample handed to a person on behalf of a transport safety employee—by or at the direction of the person, or

(c) after the expiration of 12 months commencing on the day on which the sample was taken.

Maximum penalty—20 penalty units.

cl 126: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Passenger Transport (General) Regulation 2017.

2 Commencement

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Passenger Transport Regulation 2007, which will be repealed on 1 September 2017 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions

(1) In this Regulation—

accredited operator means a person accredited under the Act to carry on a public passenger service.

approved, in relation to a duress alarm system or a security camera system, means complying with requirements established for the time being by TfNSW by order published in the Gazette.

assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 of the Commonwealth.

bus service means a public passenger service provided by means of one or more buses.

bus stop means a bus stop appointed under clause 104.

Corporations Act means the Corporations Act 2001 of the Commonwealth.

disability has the same meaning as it has in the Disability Discrimination Act 1992 of the Commonwealth.

drive a vehicle (other than a vessel) includes cause or allow the vehicle to stand.

driver means the following—

(a) in relation to a bus—a holder of an authority under section 11 of the Act,

(b) in relation to a ferry—the ferry master.

(c), (d) (Repealed)

driver authority means an authority to drive a public passenger vehicle issued under the Act, Part 2, Division 2.