sec.67NPrimary duty of care generally

### sec.67N Primary duty of care generally This section applies to each duty holder for a road-based public passenger service, other than a driver for the service. See section 67O for the primary duty of care of a driver for a road-based public passenger service. Each duty holder must ensure, so far as is reasonably practicable, the safety of the person’s activities, including business practices and making decisions, in providing the road-based public passenger service. Without limiting subsection (2) , each duty holder must— eliminate safety risks or, to the extent it is not reasonably practicable to eliminate safety risks, minimise those risks; and ensure the person’s conduct does not directly or indirectly encourage another person, including another duty holder for the service, to contravene a provision of relevant transport legislation relating to— the provision of a road-based public passenger service; or a motor vehicle used to provide a road-based public passenger service. In this section— business practices means a person’s practices in running a business associated with providing a road-based public passenger service, including— the operating policies and procedures of the business; and the arrangements for preventing or minimising safety risks associated with the person’s practices. s 67N ins 2024 No. 2 s 38 (sec.67N-ssec.1) This section applies to each duty holder for a road-based public passenger service, other than a driver for the service. See section 67O for the primary duty of care of a driver for a road-based public passenger service. (sec.67N-ssec.2) Each duty holder must ensure, so far as is reasonably practicable, the safety of the person’s activities, including business practices and making decisions, in providing the road-based public passenger service. (sec.67N-ssec.3) Without limiting subsection (2) , each duty holder must— eliminate safety risks or, to the extent it is not reasonably practicable to eliminate safety risks, minimise those risks; and ensure the person’s conduct does not directly or indirectly encourage another person, including another duty holder for the service, to contravene a provision of relevant transport legislation relating to— the provision of a road-based public passenger service; or a motor vehicle used to provide a road-based public passenger service. (sec.67N-ssec.4) In this section— business practices means a person’s practices in running a business associated with providing a road-based public passenger service, including— the operating policies and procedures of the business; and the arrangements for preventing or minimising safety risks associated with the person’s practices. - (a) eliminate safety risks or, to the extent it is not reasonably practicable to eliminate safety risks, minimise those risks; and - (b) ensure the person’s conduct does not directly or indirectly encourage another person, including another duty holder for the service, to contravene a provision of relevant transport legislation relating to— (i) the provision of a road-based public passenger service; or (ii) a motor vehicle used to provide a road-based public passenger service. - (i) the provision of a road-based public passenger service; or - (ii) a motor vehicle used to provide a road-based public passenger service. - (i) the provision of a road-based public passenger service; or - (ii) a motor vehicle used to provide a road-based public passenger service. - (a) the operating policies and procedures of the business; and - (b) the arrangements for preventing or minimising safety risks associated with the person’s practices.