Part 1Preliminary

Part 1—Preliminary 1—Short title These regulations may be cited as the Passenger Transport Regulations 2024. 3—Interpretation (1) In these regulations— access taxi means a vehicle that— (a) is specifically designed or adapted to carry persons who use wheelchairs, scooters or other large (ride‑on) mobility aids; and (b) is operated under a special vehicle licence; Act means the Passenger Transport Act 1994; Adelaide centralised booking service means a centralised booking service that operates wholly or partly within Metropolitan Adelaide; appropriate driver's licence in relation to a person applying for an accreditation under Part 4 Division 2 of the Act means— (a) a driver's licence in force under the Motor Vehicles Act 1959 that— (i) authorises the holder of the licence to drive a motor vehicle of a class that, in the opinion of the Minister, is appropriate to the relevant accreditation; and (ii) is an unconditional licence as defined in that Act; and (iii) is not subject to any condition that, in the opinion of the Minister, imposes an inappropriate restriction for the holder of the relevant accreditation; or (b) a licence in force under a law of another State or a Territory of the Commonwealth that— (i) authorises the holder of the licence to drive a motor vehicle of a class that, in the opinion of the Minister, is appropriate to the relevant accreditation; and (ii) is not subject to any condition that, in the opinion of the Minister, imposes an inappropriate restriction for the holder of the accreditation; approved country taxi service plan means a country taxi service plan approved by the Minister under regulation 13(1)(s); Australian Design Rules has the same meaning as in the Road Traffic (Miscellaneous) Regulations 2014; authorised officer means— (a) an authorised officer under section 53 of the Act; or (b) a person authorised by the Minister to exercise the powers of an authorised officer under these regulations; authorised person means— (a) an authorised officer; or (b) a person authorised by the Minister to exercise the powers of an authorised person under Part 4 Division 2 Subdivision 2; or (c) an employee of a regular passenger service operator; or (d) the driver of a regular passenger service vehicle (whether or not an employee of the operator); or (e) a police officer; booking service—see regulation 19(2)(a); bus means a motor vehicle, other than a taxi— (b) designed to carry at least 13 seated persons; business day means any day except a Saturday, Sunday or public holiday; busway means that part of a public transport system constructed or set apart for the exclusive passage of buses and authorised vehicles; central control station, in relation to a centralised booking service, means a place approved by the Minister as the central control station for the booking service; certificate of inspection means a certificate under section 54 of the Act; chauffeured vehicle service—see regulation 4; community transportation service means a community based or community orientated transportation service— (a) that is designed— (i) to benefit individuals or groups within a local community who are in need of some form of assistance; or (ii) to assist individuals or groups within a local community to participate to a greater degree in the life of the community (including the wider community); or (iii) to achieve some other form of community, charitable, educational, benevolent, religious, recreational, sporting or philanthropic purpose at the local level; and (b) that is not established, or is not principally established, with a view to profit or commercial gain; compliance plate means a plate that was authorised to be placed on a motor vehicle, or taken to have been placed on a motor vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth (repealed); council has the same meaning as in the Local Government Act 1999; country taxi means a vehicle used for the purposes of a country taxi service; Country Taxi Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act; country taxi service means a passenger transport service operated outside Metropolitan Adelaide under a Country Taxi Accreditation; country taxi service area means the area defined in the approved country taxi service plan for a country taxi service as the area within which the service may be provided; Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Act; disability has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth; flagfall means the amount of fare recorded on a taxi‑meter immediately on its being activated at the commencement of a hiring; fleet safety support service—see regulation 19(2)(b); legal charge, in relation to the hiring of a taxi, means the total amount payable for the hiring of the taxi, being the sum of— (a) the legal fare; and (b) the levy (if any) required to be collected under Schedule 2 of the Act; legal fare— (a) in relation to the hiring of a country taxi or a journey by a country taxi—means a fare for the particular hiring or journey (including, in circumstances determined by the Minister, a lifting fee of an amount determined by the Minister charged in respect of a period determined by the Minister) not exceeding the rate or amount determined by the Minister; and (b) in relation to the hiring of a metropolitan taxi or a journey by a metropolitan taxi—means a fare for the particular hiring or journey determined in accordance with these regulations; lifting fee means an amount that may be charged in respect of a period during which a taxi is delayed by reason of the driver assisting the user of a wheelchair, scooter or other large (ride‑on) mobility aid to enter or leave the taxi instead of an amount that would be chargeable for any waiting time; log onto a computerised telecommunications system means carry out a process (which must include entry of the person's personal identification number) approved by the Minister for logging onto the system; log out of a computerised telecommunications system means carry out a process approved by the Minister for logging out of the system; metropolitan taxi means a vehicle for which a taxi licence is held or required to be held; motor cycle means a motor vehicle (not being a trailer) that moves only on 2 wheels or, if a side car or side box is fitted, on not more than 3 wheels; multiple‑hiring in relation to a taxi—see regulation 77; multi‑seat hiring, in relation to a taxi that is approved to carry 5 or more passengers, means a single hiring (whether pre‑arranged or not) of the taxi to carry 5 or more passengers; off‑road passenger vehicle means a passenger vehicle designed with special features for off‑road operation as defined by the Australian Design Rules; passenger station means a building, structure or place at which passengers board, or alight from, public passenger vehicles used in the provision of regular passenger services; personal identification number means a unique code assigned to the driver of a taxi participating in a centralised booking service by the operator of the booking service in a manner approved by the Minister; prescribed premises means land or premises used or provided by the Crown or the Minister, or by an operator, for a purpose associated with a passenger transport service, and includes a passenger station; public directory includes a journal, brochure or other publication (whether in written or electronic form) that lists or advertises passenger transport services; quarter means a 3 month period beginning on 1 January, 1 April, 1 July or 1 October in any year; rail operator means a person who conducts a regular passenger service wholly or partly within Metropolitan Adelaide by use of trains or trams; registration plate means a plate issued under section 63 of the Act; Register of Approved Vehicles means the Register of Approved Vehicles kept under section 14(1) of theRoad Vehicle Standards Act 2018 of the Commonwealth; regular passenger service operator means a person who conducts a regular passenger service wholly or partly within Metropolitan Adelaide; regular passenger service vehicle means a public passenger vehicle used in the provision of a regular passenger service; relevant person— (a) for a taxi means— (i) in the case of a vehicle in respect of which a taxi licence is in force—the holder of the licence; or (ii) in the case of a vehicle used for the purposes of a country taxi service—the operator of the service; (b) for a taxi sign means— (i) if the sign has been issued to the holder of a taxi licence—the holder of the licence; (ii) if the sign has been issued to the operator of a country taxi service—the operator of the service; (iii) in any other case—the owner of the sign; repealed regulations means the Passenger Transport Regulations 2009; SATSS conditions of use means the conditions of use determined by the Minister under regulation 157; SATSS member means a person who is a member of the South Australian Transport Subsidy Scheme; SATSS voucher means— (a) a voucher, docket or card approved by the Minister entitling a SATSS member to travel in taxis and certain hire cars at subsidised fares fixed by the SATSS conditions of use; or (b) a voucher, docket or card under a similar interstate scheme recognised by the Minister for the purposes of this definition; small passenger vehicle means a motor vehicle (other than a taxi)— (b) designed to carry not more than 12 seated persons (including the driver); Small Passenger Vehicle (Metropolitan) Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act; Small Passenger Vehicle (Non‑Metropolitan) Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act; Small Passenger Vehicle (Special Purpose) Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act; Small Passenger Vehicle (Traditional) Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act; South Australian Transport Subsidy Scheme or SATSS means the scheme approved by the Minister entitling an eligible person to travel in taxis and certain hire cars at subsidised fares fixed in the SATSS conditions of use and includes— (a) the Journey to Work Scheme (JTWS); and (b) the Tertiary Education Assistance Scheme (TEAS); and (c) any other scheme recognised by the Minister for the purposes of this definition; special vehicle licence means a special vehicle licence under regulation 35; student identification card means a non‑transferable card issued to a student and approved by the Minister, entitling the holder to travel on public passenger vehicles operated by regular passenger service operators at concessional fares fixed by the Minister; taxi means a country taxi or a metropolitan taxi; taxi licence means a licence under Part 6 of the Act; taxi service—see regulation 4; taxi sign means a sign that— (a) is required by these regulations to be fitted to a taxi; and (b) displays the word "TAXI" in a manner approved by the Minister; and (c) is capable of indicating whether or not the taxi is available for hire; ticket means a ticket or card issued or approved by the Minister, entitling the holder to travel on a passenger vehicle in accordance with information encoded or printed on the ticket or card; ticket validator means equipment designed to encode or print information on tickets and to scan information previously encoded on tickets; transit barring order means an order issued to a person under Part 4 Division 2A barring the person from 1 or both of the following: (a) boarding or travelling on— (i) specified classes of public transport; or (ii) all public transport other than as specified by the order; or (iii) all public transport; (b) entering or remaining on— (i) specified prescribed premises; or (ii) specified classes of prescribed premises; or (iii) all prescribed premises other than as specified by the order; or (iv) all prescribed premises; travel concession card means a non‑transferable concession card issued or accepted by the Minister, entitling the holder to travel on passenger vehicles at concessional fares fixed by the Minister; validate means— (a) to insert or scan a ticket in or with a ticket validator so that it may be encoded, printed or scanned; or (b) to present a ticket in any other manner approved by the Minister; volunteer driver means— (a) a person who provides their services as a driver gratuitously (disregarding any reasonable payment for out‑of‑pocket expenses incurred in undertaking the driving); or (b) an employee— (i) whose conditions of employment are unrelated to driving a vehicle but who is willing to undertake some driving to assist their employer in some respect; and (ii) whose salary does not include an amount or component attributable to, or based on, the fact that they undertake (or may undertake) some driving; working animal means— (a) a dog accredited under the Dog and Cat Management Act 1995 as an assistance dog; or (b) any other animal trained to assist a person to alleviate the effect of a disability; work sheet means a daily trip record for a vehicle, in a form determined or approved by the Minister, setting out various items of information, such as the driver's name, shift details, places where journeys begin and end, and distances travelled. (2) If, in relation to a particular animal, a person has an authorisation, issued in a manner and form determined by the Minister, certifying— (a) that the animal has been trained to assist the person to alleviate the effect of a particular disability; and (b) that evidence has been provided that indicates that the animal is able to behave in a safe and appropriate manner on public transport, then it will be taken that the animal falls within the ambit of paragraph (b) of the definition of working animal in subregulation (1). (3) Unless the contrary intention appears, a reference in these regulations to the owner of a vehicle includes a reference to a person who is leasing the vehicle, or who is using the vehicle with the consent of the owner. (4) Without limiting the meaning of the expression ply for hire, a person will, for the purposes of these regulations, be taken to ply for hire with a taxi if— (a) the person drives it in a public street, road or place while the taxi sign indicates that the taxi is available for hire; or (b) the person carries a passenger for fee or reward; or (c) the person drives it to or places it at a designated taxi‑stand; or (d) the person drives it to a place to pick up passengers to be carried for fee or reward. (5) For the purposes of these regulations— (a) a hiring of a vehicle for a chauffeured vehicle service or taxi service commences— (i) subject to subparagraph (ii), in the case of a hiring by hail or a pre‑arranged hiring—when the passenger is seated in the vehicle and an instruction or direction is given to the driver by the hirer or passenger; and (ii) in the case of a pre‑arranged hiring—from a time arranged with the hirer provided that, before that time, the vehicle has arrived at the place arranged for pick up and the driver has there made personal contact with the hirer or passenger; and (b) a hiring of a vehicle for a chauffeured vehicle service or taxi service ends— (i) in the case of a multi‑seat hiring— (A) if the last passenger remaining in the vehicle discharges the vehicle before arriving at the agreed destination—when the vehicle is discharged; or (B) when the vehicle arrives at the agreed destination for the last passenger remaining in the vehicle and there is no further service agreed between the driver and the last remaining passenger; and (ii) in any other case— (A) if the passenger discharges the vehicle before arriving at the agreed destination—when the vehicle is discharged; or (B) when the vehicle arrives at the agreed destination and there is no further service agreed between the driver and the passenger; and (c) the hirer of a vehicle for a chauffeured vehicle service or taxi service is the person who requests the hire of the vehicle (whether or not the person is a passenger). (6) For the purposes of these regulations, the age of a vehicle will be measured— (a) if the vehicle is entered on the Register of Approved Vehicles—from the date of manufacture set out on the Register; or (b) if the vehicle is fitted with a compliance plate—from the end of the month of manufacture shown on the compliance plate; or (c) if the vehicle is fitted with 2 or more compliance plates—from the end of the earliest month of manufacture shown on any of the compliance plates; or (d) in any other case—from the end of the month of manufacture or, if that is not reasonably practicable to ascertain, the end of the last month of the year of manufacture. (7) In these regulations, a term defined in Schedule 2 clause 1 of the Act has the same meaning as in that clause. 4—Definitions of chauffeured vehicle service and taxi service For the purposes of section 4(1) of the Act and these regulations— chauffeured vehicle service means a passenger transport service provided under a— (a) Small Passenger Vehicle (Metropolitan) Accreditation; or (b) Small Passenger Vehicle (Non‑Metropolitan) Accreditation; or (c) Small Passenger Vehicle (Special Purpose) Accreditation; or (d) Small Passenger Vehicle (Traditional) Accreditation; taxi service means a passenger transport service provided by use of a taxi. 5—Definition of Metropolitan Adelaide (1) The following areas are included within the ambit of the definition of Metropolitan Adelaide in section 4(1) of the Act: (a) — (i) the areas defined in the plan deposited in the General Registry Office by the Minister for the purposes of regulation 4 of the repealed regulations and identified by the Minister by notice in the Gazette on 26 April 2019 (Gazette 26.04.2019 p1128); or (ii) if another plan is deposited in the General Registry Office by the Minister for the purposes of this regulation and identified by the Minister by notice in the Gazette—the areas defined in that later plan; (b) that portion of the area of the Adelaide Hills Council that is outside Metropolitan Adelaide as defined in the Development Act 1993 immediately before 1 July 2019; (c) the area of the Mount Barker District Council. (2) In these regulations— Metropolitan Adelaide (Area A) means the area comprised of— (a) Metropolitan Adelaide as defined in the Development Act 1993 immediately before 1 July 2019; and (b) the areas specified in subregulation (1)(a); Metropolitan Adelaide (Area B) means the areas specified in subregulation (1)(b) and (c). 6—Exclusions from definition of passenger transport service (1) The following are excluded from the ambit of the definition of passenger transport service in section 4(1) of the Act: (a) a service provided under a car pooling arrangement; (b) a service consisting of a ride provided for the purposes of fun or amusement for a fare that is less than $5 per ride. (2) For the purposes of subregulation (1)(a), a service is provided under a car pooling arrangement if— (a) the vehicle is provided by the driver; and (b) the driver would, in any event, be undertaking the relevant journey themselves; and (c) the service is not the result of plying for hire by the driver or another person; and (d) the maximum number of persons in the vehicle is 8; and (e) a payment by a passenger is limited to making a contribution to the costs incurred in making the journey, and other costs associated with the use of the vehicle (other than a fine or penalty imposed under an Act), and does not involve profit for the driver or another person. 7—Exclusions from definition of regular passenger service (1) For the purposes of the definition of regular passenger service in section 4(1) of the Act, a service within the ambit of a declaration of the Minister under subregulation (2) is excluded from that definition. (2) The Minister may, on application, make a declaration under this subregulation in respect of a service if the Minister is satisfied— (a) that— (i) the service relates to a particular event or events, or to a particular occasion or occasions; or (ii) the service is a premium service that provides special facilities, advantages or services for a commercial fare without public subsidy; or (iii) the service is designed (or principally designed) for the carriage of tourists, or for the carriage of visitors to a particular region or area; or (iv) the service is provided (and only provided) for recreational, social or amusement purposes; or (v) the service is a community or other similar service not primarily established with a view to profit or commercial gain; or (vi) the service is a school service arranged directly between the operator of the service and the school, or a person or persons acting on behalf of the school or the relevant students; or (vii) the service is to be provided for no more than a specified period on a trial or experimental basis; and (b) in the case of a service provided in the Metropolitan Area—that the service will not be in substitution for any existing regular passenger service operating on the same (or substantially the same) route as part of the Adelaide Metro network; and (c) that the operation of the service will not unfairly or unreasonably affect other services being provided by the holders of service contracts under the Act; and (d) that it is appropriate for the service to be provided on a basis other than under a service contract under Part 5 of the Act; and (e) that, taking into account any other matter determined by the Minister to be relevant in a particular case, it is appropriate and reasonable to make a declaration under this regulation. (3) Unless sooner revoked by the Minister, a declaration under subregulation (2) expires at the end of a period (not exceeding 5 years) specified by the Minister at the time of the declaration or, if no period is so specified, at the end of 5 years. (4) A declaration under subregulation (2) ceases to have effect if the person who is the operator of the relevant service at the time of the declaration transfers or assigns the service, or otherwise ceases to control or to operate the service. (5) If the Minister makes a declaration under subregulation (2), the operator of the relevant service must— (a) give notice of the fare or fares (if any) to be charged for the service, and provide other information for the benefit of the public as the Minister thinks fit, in a manner and form determined by the Minister; and (b) provide to the Minister information about patronage levels for the service, and other information as the Minister thinks fit, in a manner and form, and at intervals, determined by the Minister; and (c) comply with other conditions (if any) determined by the Minister on account of the making of the declaration. (6) The Minister may— (a) revoke a declaration under this regulation (and the relevant service will then cease to be excluded from the ambit of the definition); or (b) vary a determination or condition under subregulation (5). (7) A condition may be varied by the addition, substitution or deletion of 1 or more conditions. (8) The Minister must, before taking action under subregulation (6)— (a) give the operator of the service written notice of the action under consideration; and (b) allow the operator at least 14 days to make submissions to the Minister (in a manner and form determined by the Minister) about the proposed course of action; and (c) after complying with paragraphs (a) and (b), and after considering any submissions and determining to proceed with the action, give the operator at least 14 days written notice of the action. (9) The Minister must ensure— (a) that a record of the declarations under this regulation is kept available for inspection by members of the public (without charge and during normal office hours) at the principal office of the Department; and (b) that information about declarations made under this regulation in a particular financial year is included in the annual report prepared under section 24A of the Act. 8—Sections 27, 28 and 29 of Act not to apply in certain cases (1) Section 27 of the Act does not apply with respect to— (a) a transportation service operated by— (i) an administrative unit that is, under a Minister, responsible for the administration of the Education and Early Childhood Services (Registration and Standards) Act 2011 or the Education and Children's Services Act 2019; or (ii) a registered school within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011 (including, in the case of a Government school, a school council constituted with respect to the school); or (iii) an approved provider under the Education and Care Services National Law (South Australia); or (iv) a church or other form of religious organisation, to carry school students or pre‑school children; or (b) a transportation service operated by an institution that provides tertiary education to carry students who attend that institution; or (c) a service that involves the use of a motor vehicle that is licensed by a council to operate as a taxi (not being a taxi that requires a licence under Part 6 of the Act) in an area that does not include a part of Metropolitan Adelaide; or (d) a service consisting of the carriage of passengers by train or tram (including a horse‑drawn tram). (2) However, paragraph (c) of subregulation (1) does not apply in relation to an area if the Minister has, by notice in the Gazette, determined that the area will not be within the ambit of that paragraph. (3) Paragraph (a) and (b) of subregulation (1) operate subject to the condition that if a body that falls within the ambit of either paragraph engages a volunteer driver who does not hold an accreditation under section 28 of the Act by virtue of subregulation (4)(b), then the body must ensure (through the implementation of appropriate assessment procedures and on an on‑going basis) that the volunteer driver is of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle. (4) Section 28 of the Act does not apply— (a) in relation to a driver who is driving a public passenger vehicle for the purposes of a service consisting of the carriage of passengers by train or tram (including a horse‑drawn tram); or (b) in relation to a volunteer driver who is driving a public passenger vehicle for the purposes of— (i) a community transportation service; or (ii) a transportation service operated or provided by a body that falls within the ambit of paragraph (a) or (b) of subregulation (1) (in a circumstance referred to in 1 of those paragraphs). (5) Section 29 of the Act does not apply with respect to a centralised booking service operated wholly outside Metropolitan Adelaide. 9—Application of section 29 of Act—prescribed passenger services For the purposes of section 29(1)(a) of the Act, the following classes of passenger services are prescribed: (a) a chauffeured vehicle service provided under a Small Passenger Vehicle (Metropolitan) Accreditation; (b) a chauffeured vehicle service provided under a Small Passenger Vehicle (Non-Metropolitan) Accreditation. 10—Sections 39(3)(a), 40(5) and 40(6) of Act not to apply in Metropolitan Adelaide (Area B) (1) Section 39(3)(a) of the Act does not apply in relation to service contracts that relate (either wholly or partly) to regular passenger services operating in Metropolitan Adelaide (Area B). (2) Section 40(5) of the Act does not apply in relation to fares payable by passengers on regular passenger services operating in Metropolitan Adelaide (Area B). (3) Section 40(6) of the Act does not apply in relation to fares or fare systems under service contracts that relate (either wholly or partly) to regular passenger services operating in Metropolitan Adelaide (Area B). 11—Section 52(1) of Act not to apply to transport services for animals Section 52(1) of the Act does not apply to a person who provides a service for the transport of animals provided that the service is used to transport animals together with passengers only if the passengers are accompanying the animals.