35What is a regular passenger service?

35 What is a regular passenger service?

(1)  For the purposes of this Act, a regular passenger service is a passenger service that –

(a) carries fare-paying passengers by means of a large passenger vehicle; and

(b) operates at regular or substantially regular intervals according to a publicised route and publicised timetable.

(2)  However, a passenger service that might otherwise fit the description in subsection (1) is taken not to be a regular passenger service for the purposes of this Act if –

(a) the passenger service forms the whole or part of a tourist activity that –

(i) is completed in a single day; and

(ii) terminates where it began; and

(iii) does not charge any passengers who embark or disembark en route lower fares than passengers who take the entire journey; and

(iv) charges, if the passenger service is just a part of the tourist activity, passenger fares that cannot be unbundled from any charges relating to that tourist activity; or

(b) the passenger service forms the whole or part of a tourist activity that –

(i) extends over 2 or more consecutive days; and

(ii) does not charge any passengers who embark or disembark en route lower fares than passengers who take the entire journey; and

(iii) charges, if the passenger service is just a part of the tourist activity, passenger fares that cannot be unbundled from any charges relating to that tourist activity; or

(c) the regulations so provide.

(3)  Any question or dispute concerning a passenger service's status in terms of subsection (1) or (2) is to be determined by the Commission, and the determination is binding.

(4)  In this section –

paying passengers, of a regular passenger service, includes –