Road Transport (Public Passenger Services) Regulation 2002

Bus operators: Must maintain vehicles (s 21), keep fleet and maintenance records (s 22), notify changes to the bus fleet (s 23), ensure drivers hold public vehicle licences (s 26), keep driver records (s 27), display accreditation details (s 30), and comply with security camera standards (s 31).

Bus drivers: Must stop at designated places for passengers (s 35), comply with maximum passenger limits (s 37), and are subject to noncompliance notices (s 45).

Bus passengers and people in bus stop areas: Must hold valid tickets (s 47), comply with behaviour standards (s 52), not carry dangerous items (s 53), not consume liquor (s 59), and may be directed to leave or not board by police officers or authorised persons (s 66C).

Light rail operators and drivers: Subject to a parallel set of obligations in Chapter 3AA, covering vehicle notifiable occurrences (s 70AB), driver licences (s 70AC), driver and instructor records (ss 70AD to 70AF), security cameras (s 70AH), and passenger behaviour rules in light rail vehicles and at light rail stops.

Transport booking services: Must ensure affiliated drivers have required knowledge and skills (s 70B), maintain affiliated driver, operator, vehicle, and booking records (ss 70G to 70J), and direct wheelchair-accessible taxi bookings to the WTBS (s 70M).

Taxi operators and drivers: Subject to vehicle maintenance, taximeter, display, and driver licensing obligations. Wheelchair-accessible taxi operators must have equipment and arrangements with the WTBS (s 101A). Drivers of wheelchair-accessible taxis must preferentially accept hirings for wheelchair-dependent people (s 129).

Demand responsive service operators and drivers: Parallel obligations to bus operators for vehicle maintenance, records, driver licensing, and passenger behaviour.

Road transport authority: Has powers to issue and revoke accreditations, impose conditions, share driver information with operators (ss 27B, 70K), take disciplinary action (Chapter 8), and appoint bus stops (s 70).

Accreditation required to operate (Chapter 2): No person may operate a regulated service without an accreditation. Accreditations may be refused on mandatory grounds (s 8, including certain criminal convictions) or discretionary grounds (s 9). Conditions may be imposed (s 10).

Compliance with service standards (s 20C): Every regulated service operator must comply with the service standard for that type of service as set out in Schedule 1.

Driver licensing (ss 26, 97, 250): Bus drivers, taxi drivers, and demand responsive service vehicle drivers must hold a public vehicle licence authorising driving for hire or reward.

Record-keeping: Operators of bus, taxi, and demand responsive services must maintain driver records including name, address, date of birth, prescribed driver authority information, and driving dates (ss 27, 99, 251). Records must be kept for at least 2 years and produced for inspection on request.

Notification obligations: Operators must notify the road transport authority of changes to vehicle fleets (ss 23, 247) and of notifiable incidents (ss 24, 248).

Vehicle standards: Buses, taxis, and demand responsive service vehicles must be maintained in sound and clean condition (ss 21, 25, 245, 249).

Accreditation details displayed: Accreditation details must be displayed on buses, taxis, and demand responsive service vehicles (ss 30, 107, 256).

Wheelchair-accessible taxi booking obligations (ss 70M to 70T): Transport booking services must direct wheelchair-accessible taxi bookings to the WTBS. WTBS operators must have service contracts and approved procedures. Wheelchair-accessible taxi drivers must preferentially accept hirings for wheelchair-dependent people (s 129) and connect to the WTBS (s 115).

Road transport authority's disciplinary powers (Chapter 8): The authority may take disciplinary action when grounds exist under s 321. Actions available include (s 322):

• Cancelling the service authority and disqualifying the person from applying for up to 2 years.
• Suspending the service authority for a period.
• Imposing conditions on the service authority.
• Issuing a reprimand.

The authority must first give notice and an opportunity to respond (s 323), except that immediate suspension is available where there is an urgent need to protect public safety (s 324).

Immediate suspension (s 324): Where the road transport authority is satisfied that the accreditation holder has contravened a ground for disciplinary action and the risk to public safety requires immediate action, the authority may immediately suspend the service authority. Effect of suspension prevents the person from operating the regulated service (s 325).

Police and authorised persons' passenger management powers: Police officers may remove persons from buses (s 67), direct persons to leave bus stop areas (s 67AA), and remove persons from bus stop areas (s 67AB). Parallel powers apply on light rail vehicles and at light rail stops.

Bus stop appointment (s 70): The road transport authority may appoint bus stops on ACT roads.

Most offences in the regulation are strict liability offences. Key penalty levels include:

Bus and light rail operators:

• Failing to maintain vehicle in sound and clean condition (ss 25, 249): 20 penalty units (individual), higher for corporations.
• Failing to ensure driver holds public vehicle licence (ss 26, 97, 250): 20 penalty units.
• Failing to keep driver records (ss 27, 99, 251): 10 penalty units.
• Displaying bus passenger capacity notice with incorrect format (s 29): 5 penalty units.
• Displaying accreditation details incorrectly (s 30): 5 penalty units.

Passengers:

• Travelling without a valid bus or light rail ticket (ss 47, 70AL): penalty units specified.
• Using a concession ticket when not entitled (ss 50B, 70AQ): higher penalties.
• Liquor offences (ss 59, 70AAA): penalty units specified.
• Damaging bus or light rail property (ss 65, 70AAG): penalty units specified.
• Interfering with security cameras (ss 66, 70AAH): penalty units specified.

Disciplinary action (Chapter 8) is in addition to any criminal penalties: the authority may cancel or suspend service authorities regardless of whether a criminal prosecution is brought.

Accreditation process:

1. Application lodged with road transport authority (s 7).
2. Authority assesses against mandatory refusal grounds (s 8) and discretionary refusal grounds (s 9).
3. Authority may issue accreditation with or without conditions, or refuse.
4. Certificate of accreditation issued (s 12).
5. Holder must notify changes in details within required timeframes (s 14).

Disciplinary process (Chapter 8):

1. Authority identifies a ground for action under s 321.
2. Authority gives the holder a written notice stating the proposed action, the grounds, and inviting a response within at least 5 business days (s 323).
3. Authority considers any response.
4. Authority decides whether to take action and notifies the holder.
5. For immediate suspension (s 324): authority may act without prior notice where public safety requires.

Mandatory record-keeping periods: Bus and vehicle records must be kept for at least 2 years from the last entry (ss 28, 100, 254).

Taxi licence pre-approval waiting list (ss 83 to 91): Persons seeking a standard or wheelchair taxi licence first obtain a pre-approval on the waiting list, which is offered licences in order of date of pre-approval.

Road Transport (Public Passenger Services) Act 2001 (ACT): The parent Act contains the principal powers. The regulation supplies operative detail and is read as part of the Act.

Road Transport (Driver Licensing) Regulation 2000 (ACT): Governs public vehicle licences (PVLs) required by bus drivers (s 26) and taxi/rideshare/DRS drivers. Section 94A of that regulation provides an exemption from PVL requirements in certain circumstances.

Road Transport (General) Act 1999 (ACT): Amounts payable under that Act in relation to accreditations and licences, if not paid, are grounds for disciplinary action (ss 321(1)(g), 321(2)(f)).

Rail Safety National Law (ACT): Accreditation to operate a light rail service and associated disciplinary action is dealt with under the Rail Safety National Law, not this regulation (note to s 320). This explains why Chapter 3AA covers light rail operational provisions but disciplinary action for light rail falls elsewhere.

Legislation Act 2001 (ACT): The regulation is made under that Act's framework. A reference to an Act includes statutory instruments made under it.

Criminal Code (ACT): Section 4A applies Criminal Code provisions about offences to the regulation, including strict liability provisions.

Aerial Capital Group Limited v Australian Capital Territory [2013] FCA 1411: Federal Court case about taxi network provider accreditation, wheelchair-accessible taxi centralised booking service, and constitutional property acquisition issues in the ACT. The catchwords indicate direct relevance to the taxi accreditation and WTBS framework in this regulation. Without sections cited, the specific provisions engaged cannot be confirmed.

Strict liability for most compliance offences. Section 4A applies the Criminal Code's strict liability principles. Most record-keeping, display, and maintenance offences do not require proof of intention or knowledge. Operators cannot claim ignorance as a defence.

Light rail disciplinary action is under the Rail Safety National Law, not this regulation. The note to s 320 makes clear that accreditation to operate a light rail service and disciplinary action relating to it is under the Rail Safety National Law. Chapter 3AA covers operational standards for light rail operators but the disciplinary regime is different.

Wheelchair-accessible taxi obligations are layered. Both the TBS operator (must direct WAT bookings to the WTBS, s 70M) and the WAT operator (must have WTBS equipment and arrangements, s 101A) and the WAT driver (must preferentially accept hirings, s 129, and connect to the WTBS, s 115) all have separate obligations that must all be met.

Concession bus tickets and light rail tickets are serious offences. Section 50B (bus) and s 70AQ (light rail) apply higher penalties for using a concession ticket when not entitled. These are not treated as minor infringements.

Pre-approval for taxi licences operates as a waitlist. A person wanting a standard or wheelchair taxi licence in the ACT must first get on the pre-approval waiting list (s 84) before being offered a licence when one becomes available (ss 92 to 92C). This can take considerable time.

Immediate suspension is available without prior notice. Section 324 allows the road transport authority to immediately suspend a service authority where public safety requires it without giving the usual pre-action notice and response opportunity. The operator is notified after suspension.

Bus operator record check: An ACT Transport Safety Officer conducts a compliance inspection of a bus operator's depot. The officer requires the operator to produce driver records under s 28(1)(b). The operator must produce the records immediately. If records for any driver are missing or not kept up to date, the operator commits an offence under s 27.

Rideshare driver without knowledge and skills: A transport booking service recruits a new affiliated driver. Under s 70B, the TBS must ensure the affiliated driver has the required knowledge and skills before deploying them. Failure to do so is grounds for disciplinary action under s 321.

Wheelchair-accessible taxi booking: A person using a wheelchair calls the WTBS to book a WAT. The WTBS must direct the call to an available WAT driver under s 70T. The WAT driver must accept the booking preferentially under s 129. If the WAT operator lacks the required equipment to connect to the WTBS, the operator is in breach of s 101A.

Disciplinary action for non-compliance: A bus operator fails to maintain bus maintenance records for multiple vehicles. The road transport authority identifies the ground under s 321(1)(b) (contravention of service standard) and s 321(1)(d) (contravention of a provision of the Act). The authority gives written notice under s 323, allowing 5 business days for response, then decides to impose conditions on the operator's accreditation requiring a compliance audit. If a pattern of non-compliance continues, the authority may suspend or cancel the accreditation under s 322.