3AMeaning of "tour"

3A Meaning of "tour"

[Section 3A Inserted by No. 61 of 2011, s. 7, Applied:01 Jul 2013]

(1)  For the purposes of this Act, a tour is a passenger transport service operated exclusively for tourists, not commuters, according to a publicly advertised route or itinerary.

(2)  Any question or dispute as to whether a particular passenger transport service is a tour is to be determined by the Commission, and the determination is binding.

(3)  In determining whether a particular passenger transport service is a tour, the Commission may have regard to –

(a) whether tourism is a major and regular feature or focus of the service or merely a minor or incidental feature or focus of the service; and

(b) whether the service stops at or diverts to points of relevant interest or provides essentially uninterrupted and direct transportation; and

(c) whether points of relevant interest appear to be determinative of and integral to the route, or merely incidental points of passage en route; and

(d) the passenger profile including, in particular, whether users of the service appear to be pursuing mainly tourism activities or merely seeking personal transportation; and

(e) whether the passengers are taken on to or back to tourist accommodation or a tourism travel connection, or on to or back to a place of no tourism significance; and

(f) the scale and nature of any associated promotional activities including, in particular, whether the service is advertised as a tour or merely as passenger transport; and

(g) whether the service appears to be regarded as a tour by the tourism industry; and

(h) such other factors as the Commission reasonably considers relevant.

(4)  In this section –

passenger transport service includes –

(a) any part of such a service; and

(b) any group of such services;