Transport Operations (Passenger Transport) Act 1994

Public transport operators. Operators of bus, ferry, and rail services hold service contracts with the State. Non-compliance with service contract conditions is a breach with regulatory consequences.

Taxi operators and drivers. Traditional taxi operators must hold taxi service licences under Chapter 7, Part 4, Division 1. Individual drivers must hold driver authorisations under Chapter 4.

Rideshare platforms (booking entities). Entities that provide booking services for booked hire services (platforms like Uber) must hold booking entity authorisations under Chapter 7, Part 4, Division 5. Foreign booking entities that have local nominees must ensure the local nominee complies with the Act's requirements. The local nominee is treated as a duty holder under Chapter 6A (section 67J(1)(f)).

Limousine operators. Limousine licences under Chapter 7, Part 4, Division 2 are required for operators providing limousine-style booked hire.

School bus operators. Specific provisions govern school bus services, including competitive tendering for prescribed school service contracts under Chapter 6, Part 2, Division 2A.

Drivers of all public passenger vehicles. Any person who drives a public passenger service vehicle must hold a driver authorisation (section 27). The disqualifying offence framework (sections 28A-28C) creates screening obligations that extend to rideshare and taxi drivers alike.

Booking service providers for personalised transport. Even if an entity does not itself carry passengers, providing booking services for booked hire services makes the entity a booking service provider subject to licensing, conduct requirements, and safety duties.

Employers and operators. Under section 27A, a person must not use drivers who do not hold driver authorisation. The obligation falls on the operator, not just the driver.

Service contract holders (Chapter 6): Must operate in accordance with the service contract, maintain vehicle and service standards, report on service delivery, and comply with any directions given under the contract. Emergency service contracts may be imposed when the ordinary contract framework cannot apply.

Driver authorisation holders (Chapter 4):

• Must hold a current driver authorisation before driving (section 27)
• Must notify the chief executive of charges for driver disqualifying offences (section 31) and of suspension or cancellation of their driver's licence or other relevant licence (section 34)
• Must notify damage, loss or theft of authorising documents (section 34A)
• Must comply with conditions on any restricted driver authorisation (section 29A) or provisional authorisation (section 30)

Operators of personalised transport services (Chapter 7):

• Must hold appropriate licence (taxi, limousine, or booked hire service) before providing the relevant service (Chapter 7, Part 4)
• Booking entities must hold authorisations (Chapter 7, Part 4, Division 5)
• Must maintain booking records for booked hire services (Chapter 7, Part 2, Division 2)
• Must comply with conduct requirements applicable to their service type

Safety duty holders (Chapter 6A):

• Each duty holder must ensure, so far as is reasonably practicable, that the safety risk for their road-based public passenger service is eliminated or minimised
• Division 4 of Chapter 6A imposes additional specific duties on certain duty holders (section 67P and following)
• Division 5 creates offences for failing to comply with safety duties
• Division 6 imposes fatigue management duties

Authorised persons must carry and produce identity cards (Chapter 11, Part 2, Division 2).

Chief executive -- strategic planning. The chief executive must develop passenger transport strategies (section 5) and passenger transport implementation programs (section 7) for the Minister's approval. The Minister may direct the chief executive to prepare or amend strategies (section 5(3)) and must table them in the Legislative Assembly within five sitting days of approval (section 5(5)).

Chief executive -- driver authorisations. The chief executive may grant, renew, or refuse driver authorisation (section 29), grant restricted authorisations (section 29A), grant provisional authorisations (section 30), and amend, suspend or cancel authorisations (section 32). Category A disqualifying offences result in a mandatory refusal or cancellation; categories B and C require assessment against eligibility criteria.

Chief executive -- service contracts. The chief executive may execute service contracts on behalf of the State, impose conditions, and manage emergency service contracts (Chapter 6, Part 1, Divisions 1-4). Integrated mass transit contracts and prescribed school service contracts have separate competitive processes.

Chief executive -- enforcement directions. Chapter 6A, Part 5 gives the chief executive power to give compliance directions to duty holders (section 67ZA and following).

Authorised persons -- inspection and enforcement. Authorised persons may inspect vehicles, require production of licences and other documents, issue infringement notices, and take other enforcement action under Chapter 11. Transit officers have specific powers in railway premises.

Booking entity authorisations. The chief executive may suspend or cancel booking entity authorisations if the holder does not comply with the Act's requirements (Chapter 7, Part 4, Division 5).

Safety duty offences (Chapter 6A, Part 2, Division 5): Failing to comply with a safety duty is an offence. The Act also provides that evidence of a contravention of Chapter 6A is admissible in any proceeding for an offence against another law (section 67K(3)).

Driving sanctions (Chapter 7, Part 5, Division 1): Courts may impose driving sanctions for offences by drivers of personalised transport service vehicles, including disqualification from holding driver authorisations and from driving generally.

Other offences (Chapter 7, Part 5, Division 3): Various offences for providing personalised transport services without a licence, operating a booking service without authorisation, failing to maintain booking records, and similar conduct.

Driver authorisation cancellation: Under section 32, the chief executive can amend, suspend or cancel a driver authorisation, which effectively ends that person's ability to work as a professional driver of a public passenger vehicle.

Infringement notices: Authorised persons may issue infringement notices for many regulatory offences as an alternative to prosecution.

Section 33A (protection of children and vulnerable persons): Specific obligations apply in the context of child safety, reflecting the disqualifying offences framework and the protection of children on school services.

Driver authorisation:

• Applicants must apply in the approved form (section 29)
• If charged with a driver disqualifying offence, the applicant/authorised driver must notify the chief executive of the charge (sections 31 and 33)
• If a driver's licence is suspended or cancelled, notification is required promptly under section 34

Service contract award:

• For prescribed school service contracts, Chapter 6, Part 2, Division 2A requires a competitive invitation and evaluation process before a contract is executed
• Integrated mass transit service contracts (Division 2AA) also follow a competitive process

Passenger transport strategies:

• The chief executive develops strategies for the Minister's approval on an ongoing basis (section 5(1))
• Strategies and amendments must be tabled in the Legislative Assembly within 5 sitting days of approval (section 5(5))
• Reports on passenger transport programs must be made annually or as required (section 9)

Safety management plans (Chapter 6A, Part 3):

• Certain operators must prepare and maintain safety management plans
• Safety audits may be conducted under Chapter 6A, Part 4

Chief executive's obligations under section 10:

• The chief executive must take reasonable steps to ensure public passenger transport is available, accessible, and connected across Queensland

Transport Operations (Road Use Management) Act 1995: Definitions in this Act cross-reference that Act (for example, the definition of "registered operator" and vehicle certificate of inspection requirements). The two Acts form the core of Queensland's road transport regulatory framework.

Transport Infrastructure Act 1994: Chapter 11's definition of "relevant transport legislation" includes Chapter 14 of the Transport Infrastructure Act and regulations relating to railway made under it. Railway-related enforcement is shared between the two Acts.

Work Health and Safety Act 2011: Chapter 6A, Part 2, Division 1 defines "safety law" to include the WHS Act. If a provision of Chapter 6A and a provision of the WHS Act deal with the same thing, both must be complied with. Where compliance with both is impossible, the WHS Act prevails (section 67K(2)).

Heavy Vehicle National Law (Queensland): Also a "safety law" under Chapter 6A. The same co-existence and priority rules apply.

Motor Accident Insurance Act 1994: Part of "relevant transport legislation" as defined in Chapter 7 (section 69).

Trade Practices Act 1974 / Competition and Consumer Act 2010: In the Sita Qld v State of Queensland litigation, the TOPT Act's service contract framework was considered alongside the (then) Trade Practices Act's prohibition on abuse of market power. The court examined whether the State's conduct in awarding or denying service contracts could constitute misuse of market power.

Transport Planning and Coordination Act 1994 (Qld): The "transport coordination plan" referenced in section 5(1) is made under this Act and shapes the content of passenger transport strategies.

Taxis and rideshare are defined differently but both regulated. A taxi provides hire on-the-spot; rideshare provides pre-booked hire. The regulatory regimes are different: taxis require taxi service licences (Chapter 7, Part 4, Division 1) and can use taxi ranks; rideshare operators hold booked hire service licences (Division 3). A rideshare driver who allows members of the public to hail them on the street would be operating an unlicensed taxi service.

Foreign booking entities must have a local nominee. If a booking entity is a foreign person, the local nominee is a duty holder under Chapter 6A (section 67J(1)(f)) and is responsible for safety compliance in Queensland. This is significant for global rideshare platforms: Australian legal accountability runs to the local nominee, not just the offshore platform.

Category A disqualifying offences bar authorisation absolutely. Section 28A provides that a person is ineligible for driver authorisation if they have committed a category A driver disqualifying offence. Category A includes child sexual offences and serious violent offences. There is no balancing test or discretion: the conviction is a permanent bar.

The safety duty framework in Chapter 6A is recent (2024) and adds to existing obligations. Operators, vehicle owners, drivers, booking entities and local nominees are all "duty holders" with their own safety duty. Failing to comply is a criminal offence. However, compliance with Chapter 6A does not necessarily satisfy obligations under the WHS Act: both must be met.

Service contract award does not guarantee exclusive route rights. Historically, some bus operators have claimed exclusive route rights under service contracts. The Sita Qld litigation involved exactly this kind of claim and the intersection with competition law. Practitioners should not assume that holding a service contract confers a legal right to exclude competition.

Driver authorisation smartcards are State property. Under section 29AA, smartcard driver authorisation cards remain the property of the State and must be returned on cancellation or expiry. Retaining a cancelled card is itself a potential issue.

Example 1: Rideshare driver onboarding. An individual wishes to work for a rideshare platform. Before starting, they must hold a driver authorisation issued by the chief executive (section 27). The platform, as a booking entity, must hold a booking entity authorisation (Chapter 7, Part 4, Division 5) and must not use drivers without driver authorisations (section 27A). A criminal history check will screen for category A, B, and C disqualifying offences. A previous child sexual offence conviction is a permanent bar.

Example 2: Bus operator competing for a school service contract. A bus company wants to win a prescribed school service contract. The chief executive invites offers under the competitive process in Chapter 6, Part 2, Division 2A. The company submits a tender and, if selected, enters a service contract specifying the routes, vehicles, performance standards, and payment arrangements.

Example 3: Taxi driver's licence suspended. An authorised taxi driver has their Queensland driver's licence suspended after a traffic offence. Under section 34, the driver must notify the chief executive of the suspension promptly. The chief executive may then consider whether to amend, suspend or cancel the driver authorisation under section 32.

Example 4: Safety duty breach by a rideshare operator. A booked hire service operator fails to ensure its vehicles are mechanically inspected as required, leading to a vehicle with defective brakes being used. This is a failure to eliminate a safety risk so far as reasonably practicable under Chapter 6A. The operator is a duty holder under section 67J(1)(a). A compliance direction may be given under Chapter 6A, Part 5, or the operator may face prosecution. Evidence of the failure is admissible in WHS Act proceedings as well (section 67K(3)).

Example 5: Foreign booking platform setting up in Queensland. A new European rideshare platform wants to enter Queensland. It is a "foreign person" for the purposes of Chapter 7. It must either incorporate a Queensland entity to hold a booking entity authorisation, or appoint a local nominee who becomes a duty holder for safety purposes under Chapter 6A. The local nominee must be an individual or entity with a genuine presence in Queensland and capable of bearing legal responsibility for the platform's Queensland operations.