11What is a passenger transport service operator?

11 What is a passenger transport service operator?

(1)  For the purposes of this Act, a person is taken to operate a passenger transport service if –

(a) the person operates a manned small passenger vehicle on a public street for the purpose of carrying passengers, where –

(i) the passengers, or any of them, have to pay a fare; and

(ii) the passenger service so provided is available to any member of the general public and a transport concern; or

(b) the person operates a manned large passenger vehicle on a public street for the purpose of carrying passengers, regardless of whether –

(i) the passengers, or any of them, have to pay a fare; or

(ii) [Section 11 Subsection (1) amended by No. 28 of 2020, s. 9, Applied:01 Dec 2022] the passenger service so provided is available to any member of the general public or a transport concern; or

(c) [Section 11 Subsection (1) amended by No. 28 of 2020, s. 9, Applied:01 Dec 2022] the person is a booking service provider.

(2)  To avoid doubt, it is immaterial for the purposes of subsection (1) whether –

(a) the driver of the small passenger vehicle or large passenger vehicle is the service operator or an employee or agent of the service operator; or

(b) at any particular stage of the journey, the small passenger vehicle or large passenger vehicle is actually carrying any passengers.

(3)  For the purposes of subsection (1) , a passenger service is taken to be a transport concern if it is operated by a business or undertaking –

(a) as its sole activity; or

(b) as one of its main activities; or

(c) as an integral and indispensable component of its sole activity or one of its main activities, not merely as an incidental, occasional or dispensable adjunct to that activity.