A foundational concept is the definition of a public passenger service in section 10: a service for the transport of passengers for a fare or other consideration by public passenger vehicles along a road or road related area. The Act then categorises services into several discrete types. Bus services (Part 2) are services operated using buses , motor vehicles built mainly to carry people that seat over nine adults including the driver, but not limousines or light rail vehicles. Bus services are further divided into regular route services (conducted according to regular routes and timetables, excluding tourist services and long-distance services), tour and charter services (any bus service that is not regular route or long-distance), and long-distance services (regular route and timetable services where each passenger travels at least 40 km). Light rail services (Part 2A) are public passenger services operated using light rail, and the operator must be accredited under the Rail Safety National Law (ACT). Transport booking services (Part 3) are persons who accept bookings from passengers for bookable vehicles (taxis, rideshare vehicles or hire cars) and communicate those bookings to drivers. They must be accredited and must have affiliated driver agreements or affiliated operator agreements with the drivers or operators they serve. Taxi services (Part 5) are services using taxis , vehicles (other than buses or demand responsive service vehicles) that stand or ply for hire. Taxis must be licensed under Part 4, and taxi service operators must be accredited. Ridesharing (Part 5A) is a service where a passenger books transport through a transport booking service, which communicates the booking to a driver (the rideshare driver), who carries out the transport (the rideshare) using a vehicle (the rideshare vehicle). Rideshare drivers must be accredited, and rideshare vehicles must be licensed. Hire car services (Part 7) use hire cars , vehicles (other than buses, taxis, rideshare vehicles or demand responsive service vehicles) used under a contract that do not stand or ply for hire. Hire cars must be licensed and operators accredited. Demand responsive services (Part 8) are services authorised by the road transport authority that do not fall into the other categories; they require an authorisation, accreditation and usually a service contract. The Act also creates the concept of an affiliated driver (section 35) , a bookable vehicle driver with an affiliated driver agreement with a transport booking service , and an affiliated operator (section 36B) , a taxi service operator or hire car service operator with an affiliated operator agreement. The dictionary defines key terms such as fare, public passenger vehicle, public passenger vehicle policy, noncompliance notice and others.

The Act directly affects several categories of persons and entities. Operators of public passenger services , whether bus, taxi, rideshare, hire car or demand responsive , must hold the relevant accreditation and, where required, vehicle licences, service contracts or authorisations. Drivers of public passenger vehicles are affected indirectly: taxi drivers must hold a public vehicle licence (referenced in the Road Transport (Driver Licensing) Act 1999), must be affiliated with a transport booking service unless the operator is an independent taxi service operator (section 36E), and rideshare drivers must be accredited rideshare drivers and affiliated with a transport booking service (sections 60D and 36F). Transport booking services , the digital platforms such as ride-hailing apps , must be accredited under Part 3 and must comply with conditions, take reasonable steps to ensure affiliated drivers hold appropriate licences and that affiliated operators are accredited, and ensure rideshare vehicles are licensed and insured (section 36G). Passengers are affected by provisions on conduct (eating, drinking, etc.) and by the fare-setting powers of the Minister. The Territory itself is a major actor: it is entitled to operate regular route bus services, tour and charter services, and demand responsive services without the usual accreditation, service contract or authorisation requirements (sections 18(2), 19(2), 82A, 90(2)). Vehicle owners and licensees of taxi licences, rideshare vehicle licences and hire car licences are subject to conditions, transfer restrictions and noncompliance regimes. Insurance providers are affected by Part 8A, which requires compulsory public passenger vehicle policies with a minimum cover of $5 million for property damage (section 111). The road transport authority and police officers and authorised persons are given enforcement powers. Finally, corporations that operate transport booking services face the possibility of court-ordered publicity orders and projects for the public benefit if found guilty of certain offences (section 36I).

The Act imposes a set of core duties. The most fundamental is the prohibition on operating an unauthorised public passenger service: section 125(1) makes it an offence to use a vehicle for the transport of passengers for a fare or other consideration unless the person is entitled under the Act to operate that service or the consideration does not exceed the cost of operating the vehicle. Each service type then carries specific duties. Bus service operators must be accredited to operate regular route or tour and charter services (sections 20, 21) and must hold a service contract for any regular route service (section 22). Light rail service operators must be accredited under the Rail Safety National Law (ACT) and must notify the road transport authority of changes to accreditation within two days (section 27B). Transport booking services must be accredited (section 32), comply with accreditation conditions (section 33), take reasonable steps to ensure affiliated drivers hold appropriate licences and that affiliated operators are accredited (section 36G), and ensure rideshare vehicles are licensed and insured. Taxi service operators must be accredited, use only licensed taxis, and be either affiliated with a transport booking service or an independent taxi service operator (section 51). Taxi drivers and taxi service operators must be affiliated with a transport booking service unless the operator is an independent operator (section 36E). Rideshare drivers must be accredited rideshare drivers (section 60E) and must be affiliated with a transport booking service (section 36F). Rideshare vehicle licensees must not allow unlicensed or unaccredited drivers to use the vehicle (section 60M) and must ensure the vehicle is insured (section 60N). Hire car service operators must be accredited and use only licensed hire cars (sections 73, 74). Demand responsive service operators must hold an authorisation, be accredited, and generally hold a service contract (section 90). The Minister has rights to determine maximum fares for regular route bus services (section 23), fares for light rail (section 27C), taxi fares (section 60), rideshare fares (section 60Q), hire car fares (section 79A) and minimum fares for demand responsive services (section 93). The road transport authority has the right to enter into service contracts for bus and demand responsive services and may make arrangements for temporary services. A person may hold any combination of accreditations, authorisations and licences (section 9). Exemptions from the Act may be granted by the Minister (section 127) or by regulation (section 128).

The Act creates numerous offences with penalties expressed in penalty units. At the republication date, one penalty unit is $160 for an individual and $810 for a corporation (under the Legislation Act 2001, section 133). The most common maximum penalty for core operating offences , such as operating an unaccredited bus service (section 20), operating an unaccredited taxi service (section 52), operating an unaccredited rideshare service (section 60E), operating an unaccredited hire car service (section 74), operating a demand responsive service without entitlement (section 91), using an unlicensed vehicle as a taxi (section 42), hire car (section 64) or rideshare vehicle (section 60G), and operating a transport booking service without accreditation (section 32) , is 50 penalty units ($8,000 individual / $40,500 corporation). Pretending to be accredited or licensed attracts 30 penalty units (sections 21, 34, 36A, 36D, 43, 53, 60F, 60L, 65, 75, 92). Less serious offences, such as failing to provide records (section 116), failing to comply with inspection requirements (sections 117, 118, 119), or failing to produce insurance evidence (section 112), carry 20 penalty units. Many offences are strict liability (see for example sections 27B(4), 32(2), 33(2), 36A(2), 36D(2), 36E(3), 36F(2), 36G(4), 60E(3), 60F(2), 64(5), 65(3), 74(3), 75(3), 85(2), 91(2), 112(2), 116(6), 117(6), 118(5), 119(4), 120(5), 121(5), 125(3)). The Criminal Code chapter 2 applies to a list of specified offences (section 4A), providing general principles of criminal responsibility including defences. For corporations operating transport booking services, a court may in addition to or instead of a penalty order the corporation to publicise the offence, notify specified persons, or undertake a project for the public benefit, with costs capped at 6,500 penalty units per offence (section 36I). Enforcement powers under Part 9 include the power to require records or information (section 116), enter and inspect maintenance premises (section 117), inspect and test vehicles (section 118), require vehicles to be inspected (section 119), and attach noncompliance notices (section 120). A noncompliance notice may, after a stated time, prohibit the vehicle from operating as a public passenger vehicle until the notice is removed. Only a police officer or authorised person may remove a noncompliance notice. A police officer or authorised person may also require a person to state their name, date of birth and home address if they reasonably believe an offence has been committed (section 121). Failure to comply with such a requirement carries 10 penalty units.

The Act is part of the broader road transport legislation in the ACT. Section 1 notes that other Acts in that framework include the Motor Accident Injuries Act 2019, Road Transport (Alcohol and Drugs) Act 1977, Road Transport (Driver Licensing) Act 1999, Road Transport (General) Act 1999, Road Transport (Safety and Traffic Management) Act 1999, and Road Transport (Vehicle Registration) Act 1999. The Road Transport (General) Act 1999 contains definitions that apply across the road transport legislation, including of key terms such as ‘road transport authority’, ‘authorised person’, ‘driver’, ‘light rail’, and ‘use’ (see dictionary note 3). The Criminal Code chapter 2 applies to a list of offences under the Act (section 4A), setting out general principles of criminal responsibility. The Competition and Consumer Act 2010 (Cwlth) and the Competition Code of the Australian Capital Territory are engaged by section 8, which authorises everything done under the Act, all service contracts made under the Act, and everything done under a service contract. This authorisation protects conduct from certain competition law challenges. Light rail services are regulated in conjunction with the Rail Safety National Law (ACT); section 27B requires light rail service operators to be accredited under that law and to notify the road transport authority of changes. Vehicle licensing and driver licensing are dealt with under separate legislation: section 60G note 1 and section 60M note 1 refer to the Road Transport (Driver Licensing) Act 1999 for public vehicle licence requirements; section 56 note refers to the Road Transport (Vehicle Registration) Regulation 2000 for vehicle age limitations on taxi registration. The Insurance Act 1973 (Cwlth) is referenced in the definition of ‘public passenger vehicle policy’ (section 110). The Information Privacy Act 2014 applies to the road transport authority’s handling of register information (section 7 note 1), and the Freedom of Information Act 2016 may provide access to registers (section 7 note 2). The Legislation Act 2001 governs the making of regulations, disallowable instruments, notifiable instruments, and penalty unit values. The Act also contains a specific provision deeming references to earlier laws (Motor Traffic Act 1936 etc.) to be references to this Act (section 129). The regulation-making power in section 126 allows the Executive to make regulations, which may apply, adopt or incorporate laws of other jurisdictions or instruments as in force from time to time.

The Act was originally enacted as A2001-62 and notified on 10 September 2001, with most provisions commencing on 1 December 2001. Since then it has been amended by numerous Acts. Significant amendments include the Road Transport (Public Passenger Services) Amendment Act 2001 (A2001-94), which restructured the Act and introduced the original transport booking service provisions. The Road Transport (Public Passenger Services) (Hire Cars) Amendment Act 2004 (A2004-69) inserted the hire car licensing and accreditation regime. The Road Transport (Public Passenger Services) Amendment Act 2006 (A2006-9) introduced demand responsive services and made other changes. The Road Transport Legislation Amendment Act 2006 (A2006-26) relocated enforcement provisions from regulations into the Act. The Road Transport (Public Passenger Services) (Taxi Industry Innovation) Amendment Act 2015 (A2015-47) was a major reform: it replaced the taxi network model with the transport booking service model, introduced ridesharing (Part 5A), created the concepts of affiliated drivers and operators, and added the court order powers for corporate transport booking services. The Road Transport Reform (Light Rail) Legislation Amendment Act 2018 (A2018-19) inserted Part 2A on light rail services. More recently, the Statute Law Amendment Act 2025 (A2025-29) and the Road Transport (Public Passenger Services) Amendment Act 2025 (A2025-31) made further amendments, including the addition of section 27AA on regulations about bus stops and surrounding areas. The Act has been republished many times (the current republication is No. 39, effective 5 January 2026). The endnotes provide a full list of amending Acts and their commencement dates. A transitional provision (section 130) expired on 20 May 2017, and a transitional modification (SL2016-12) expired on 2 August 2016.

The Act itself does not refer to any specific litigation or court cases. The provided text of the Act contains no case citations, judgments, or references to judicial interpretation of its provisions. Accordingly, this deep dive cannot name any litigation history. It is possible that cases have been decided under the Act in the ACT courts, but the source material does not include them. The Act’s enforcement provisions (Part 9) have been exercised by police and authorised persons, and appeals or challenges to enforcement actions may have occurred, but such proceedings are not recorded in the text of the Act. The absence of cited cases in the Act is typical for primary legislation; case law would be found in separate legal databases.

Several provisions contain traps for the unwary. Strict liability applies to many offences, meaning the prosecution does not need to prove fault. For example, operating a transport booking service without accreditation (section 32(2)) and using a vehicle as a hire car without a licence (section 64(5)) are strict liability. A person cannot rely on lack of knowledge as a defence unless a specific reasonable excuse or defence is provided (as in section 112(3) for insurance evidence). The definition of ‘public passenger service’ in section 10 is broad , it includes any transport for a fare or other consideration. Sharing fuel costs may be an exception under section 125(2)(a) if the consideration is not more than the cost of operating the vehicle, but this is a narrow safe harbour. Affiliation requirements are strict: taxi drivers, taxi service operators and rideshare drivers must all be affiliated with a transport booking service unless an exception applies (sections 36E, 36F). Operating without affiliation is an offence of 50 penalty units. Rideshare vehicle licences are not transferable (section 60K), unlike some taxi licences issued before 2006 which are transferable. Hire car licences issued after the commencement of section 63 are not transferable (section 63(2)). The road transport authority must not issue a taxi licence if the number would exceed the Minister’s determination (section 40). A person may hold any combination of accreditations, authorisations and licences (section 9) , this is a permissive provision but also means a single entity could be subject to multiple regimes simultaneously. The Minister must determine minimum fares for demand responsive services (section 93) , this is mandatory, not discretionary. The road transport authority must have regard to guidelines when giving demand responsive service authorisations and must not give an authorisation if it would adversely affect the viability of an existing regular route service (section 83(3)). Insurance requirements under Part 8A apply only to accredited operators of public passenger vehicles and require a policy of at least $5 million for property damage (section 111). Light rail services are excluded from Part 8A (section 109). The noncompliance notice regime under section 120 means that a vehicle may be prohibited from operating after a stated time unless the notice is removed by an authorised person. Only a police officer or authorised person may remove the notice; a person who removes it otherwise commits an offence (20 penalty units). The court may order a corporation convicted of a transport booking service offence to publicise the offence or undertake a community project (section 36I), with costs capped at 6,500 penalty units , a potentially very costly remedy beyond the fine itself. The Territory is exempt from many requirements (see sections 18, 19, 19A, 82A, 90) but if it operates services, the Act applies to it as if it were accredited and held the necessary contracts.

To comply with the Act, operators must first determine which category of public passenger service they provide. For bus services, accreditation under the regulations is required; for regular route services a service contract with the Territory is also needed (section 18). For light rail services, accreditation under the Rail Safety National Law (ACT) is required and the road transport authority must be notified of changes (section 27B). For transport booking services (digital platforms), the service must be accredited (section 32), comply with accreditation conditions (section 33), and take reasonable steps to ensure that all affiliated drivers hold appropriate public vehicle licences and that affiliated operators are accredited (section 36G). The service must also ensure that rideshare drivers using the platform are accredited rideshare drivers and that the vehicles are licensed and insured (section 36G(3)). For taxi services, the operator must be accredited (section 50), the vehicles must be licensed under the taxi licensing system (Part 4), and the operator must be either affiliated with a transport booking service or an independent taxi service operator (section 51). Taxi drivers must hold a public vehicle licence and be affiliated with a transport booking service unless the operator is independent (section 36E). For rideshare services, the driver must be an accredited rideshare driver (section 60E) and must be an affiliated driver for a transport booking service (section 36F). The vehicle must be a licensed rideshare vehicle (section 60G). The rideshare vehicle licensee must take reasonable steps to ensure the driver is properly licensed and accredited (section 60M) and that the vehicle is insured (section 60N). For hire car services, the operator must be accredited (section 72), and the vehicles must be licensed under the hire car licensing system (Part 6). For demand responsive services, the operator needs an authorisation from the road transport authority (section 82), accreditation (section 88), and generally a service contract (section 89). All operators must ensure they have the required public passenger vehicle insurance under Part 8A , at least $5 million property damage coverage (section 111). Operators must also comply with the extensive regulation-making powers that fill in operational details; the Act provides that regulations may cover driver conduct, vehicle standards, maintenance, record-keeping, auditing, and fare collection. Operators should maintain records as required by regulations and make them available for inspection. They must also comply with any conditions attached to their accreditation, licence, authorisation or service contract. Noncompliance notices attached to vehicles must be addressed promptly. If a demand responsive service authorisation would have an adverse impact on the viability of an existing regular route service, the Minister must not grant it (section 83(3)).