Australian Capital Territory
Road Transport Amendment Regulations 2001
Subordinate Law 2001 No 46

The Australian Capital Territory Executive makes the following regulations under the Road Transport (General) Act 1999.
Dated 10 October 2001.
Brendan Smyth
Minister
Bill Stefaniak
Minister

Australian Capital Territory
Road Transport Amendment Regulations 2001
Subordinate Law 2001 No 46
made under the
Road Transport (General) Act 1999

    
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	1
	2	Commencement	1
Part 2	Amendments of Road Transport (General) Regulations 2000
	3	Regulations amended—pt 2	2
	4	Refund of fees, charges and other amounts
Regulation 14 (1) (e) and (f)	2
	5	Regulation 14 (1) (l) and (m)	2
	6	Regulation 14 (3) (d)	3
	7	Regulation 14 (3), note	3
	8	Dishonour notices
Regulation 16 (1) (b)	3
	9	Schedule 1, part 1.4, items 38 to 42	3
	10	Schedule 1, part 1.4, items 36 and 37	4
	11	Schedule 1, part 1.5, items 33 to 44	4
	12	Schedule 1, part 1.5, items 47 and 48, column 3	4
	13	Schedule 1, part 1.5, items 49 and 50, column 3	4
	14	Schedule 1, part 1.5, items 45 to 54	4
	15	Schedule 1, part 1.6	4
	16	Schedule 1, parts 1.7 and 1.8	5
	17	Schedule 1, parts 1.9 to 1.11	5
	18	Schedule 1, new parts 1.8 and 1.9	5
Part 3	Amendments of Road Transport (Offences) Regulations 2001
	19	Regulations amended—pt 3	8
	20	Administering authority—Act, dict, def of administering authority
Regulation 8 (1) (d) to (h)	8
	21	Schedule 1, part 1.7, items 35 to 42	8
	22	Schedule 1, part 1.7, item 45, col 2	9
	23	Schedule 1, part 1.8	9
	24	Schedule 1, parts 1.9, 1.10 and 1.11	9
	25	Schedule 1, parts 1.12 to 1.15	9
	26	Schedule 1, new parts 1.11 and 1.12	10

Part 1	Preliminary
1	Name of regulations
These regulations are the Road Transport Amendment Regulations 2001.
2	Commencement
These regulations commence immediately after the commencement of the Road Transport (Public Passenger Services) Act 2001, section 3.

Part 2	Amendments of Road Transport (General) Regulations 2000
3	Regulations amended—pt 2
This part amends the Road Transport (General) Regulations 2000.
4	Refund of fees, charges and other amounts
Regulation 14 (1) (e) and (f)
substitute
	(e)	a fee, charge or other amount paid in relation to an application for a driving instructor’s accreditation if the application is refused;
	(f)	a fee, charge or other amount paid in relation to a driving instructor’s accreditation or an accreditation under the Road Transport (Public Passenger Services) Act 2001 if the accreditation is issued in error, is then cancelled and the holder of the accreditation surrenders the accreditation;
5	Regulation 14 (1) (l) and (m)
substitute
	(l)	a fee, charge or other amount paid in relation to an application (other than an application for an accreditation under the Road Transport (Public Passenger Services) Act 2001) for an accreditation, approval, authority, certificate, exemption, permit or anything else not mentioned in paragraphs (b) to (h) if the application is refused;
	(m)	a fee, charge or other amount paid by a person in relation to an application mentioned in paragraph (l) if the accreditation, approval, authority, certificate, exemption, permit or other thing is given, issued or done in error, is then cancelled and anything given to the person by the road transport authority because of the authority’s decision on the application is surrendered to the authority.
6	Regulation 14 (3) (d)
substitute
	(d)	a fee, charge or other amount in relation to a driving instructor’s accreditation or an accreditation under the Road Transport (Public Passenger Services) Act 2001 if the accreditation is surrendered;
7	Regulation 14 (3), note
after
see the Road Transport (Driver Licensing) Regulations 2000, reg 109;
insert
for accreditation to operate a public passenger service see the Road Transport (Public Passenger Services) Regulations 2001, reg 18;
8	Dishonour notices
Regulation 16 (1) (b)
substitute
	(b)	a fee, charge or other amount in relation to a driving instructor’s accreditation or an accreditation under the Road Transport (Public Passenger Services) Act 2001;
9	Schedule 1, part 1.4, items 38 to 42
renumber as schedule 1, part 1.4,  items 39 to 43
10	Schedule 1, part 1.4, items 36 and 37
substitute
36	106 (1)	road transport authority—refuse to approve application for accreditation as a driving instructor or renewal of accreditation	
37	107A	road transport authority—refuse to issue replacement for certificate of accreditation as a driving instructor that has been lost, stolen or destroyed	
38	112 (1)	road transport authority—cancel/suspend accreditation as a driving instructor/disqualify from applying for accreditation (including suspending or disqualifying for additional period)	
11	Schedule 1, part 1.5, items 33 to 44
omit
12	Schedule 1, part 1.5, items 47 and 48, column 3
omit
, bus
13	Schedule 1, part 1.5, items 49 and 50, column 3
omit
bus, 
14	Schedule 1, part 1.5, items 45 to 54
renumber as schedule 1, part 1.5, items 33 to 42
15	Schedule 1, part 1.6
omit
16	Schedule 1, parts 1.7 and 1.8
renumber as schedule 1, parts 1.6 and 1.7
17	Schedule 1, parts 1.9 to 1.11
renumber as schedule 1, parts 1.10 to 1.12
18	Schedule 1, new parts 1.8 and 1.9
insert 
Part 1.8	Road Transport (Public Passenger Services) Act 2001

column 1
item	column 2
provision	column 3
decision 	
1	31	Minister—refuse exemption for vehicle or person from Act or provision of Act	
Part 1.9	Road Transport (Public Passenger Services) Regulations 2001

column 1
item	column 2
provision	column 3
decision 	
1	9	road transport authority—refuse to accredit/renew accreditation to operate public passenger service 	
2	10 (1)	road transport authority—issue/renew accreditation to operate public passenger service subject to conditions imposed by authority 	
3	10 (2)	road transport authority—amend/revoke condition imposed on accreditation to operate public passenger service by authority 	
4	10 (2)	road transport authority—amend/revoke, or refuse to amend/revoke, condition imposed on accreditation to operate public passenger service on application by holder of accreditation 	
5	12 (3)	road transport authority—period of issue/renewal of accreditation to operate public passenger service	
6	13 (2)	road transport authority—refuse to amend accepted service standard for public passenger service	
7	16 (1)	road transport authority—refuse to issue replacement for certificate of accreditation to operate public passenger service that has been lost, stolen or destroyed	
8	34 (3) (a)	road transport authority—number of seated/standing passengers bus permitted to carry	
9	64 (2)	road transport authority—refuse to approve appointment of a bus stop	
10	67 (4)	road transport authority—suspend/cancel accreditation to operate public passenger service/disqualify from applying for accreditation (including suspending or disqualifying for additional period)/impose/vary condition on accreditation/impose financial penalty/reprimand 	
11	68 (3)	road transport authority—immediately suspend accreditation to operate public passenger service	
12	76 (1)	police officer, authorised person or person inspecting vehicle—attach noncompliance notice to vehicle	
13	76 (3)	police officer or authorised person—refuse to remove noncompliance notice	
14	76 (3)	police officer or authorised person—refuse to direct that noncompliance notice be taken to have been removed	

Part 3	Amendments of Road Transport (Offences) Regulations 2001
19	Regulations amended—pt 3
This part amends the Road Transport (Offences) Regulations 2001.
20	Administering authority—Act, dict, def of administering authority
Regulation 8 (1) (d) to (h)
substitute
	(d)	part 1.8 (Road Transport (Hire Vehicle Services) Regulations 2000);
	(e)	part 1.9 (Road Transport (Taxi Services) Regulations 2000);
	(f)	part 1.10 (Road Transport (Third-Party Insurance) Regulations 2000);
	(g)	part 1.11 (Road Transport (Public Passenger Services) Act 2001);
	(h)	part 1.12 (Road Transport (Public Passenger Services) Regulations 2001);
	(i)	part 1.13 (Road Transport (Safety and Traffic Management) Regulations 2000), items 16 to 22, 27 to 35, 41, 43 and 53 to 57.
21	Schedule 1, part 1.7, items 35 to 42
omit
22	Schedule 1, part 1.7, item 45, col 2
omit
155
substitute
155 (1)
23	Schedule 1, part 1.8
omit
24	Schedule 1, parts 1.9, 1.10 and 1.11
renumber as schedule 1, parts 1.8, 1.9 and 1.10
25	Schedule 1, parts 1.12 to 1.15
renumber as parts 1.13 to 1.16

26	Schedule 1, new parts 1.11 and 1.12
insert 
Part 1.11	Road Transport (Public Passenger Services) Act 2001

column 1 item	column 2 
offence provision and, if relevant, case	column 3 
short description	column 4 offence penalty (pu)	column 5 infringement penalty ($)	column 6 demerit points	
1	20 (1)	unaccredited person operate regular route service	50			
2	20 (2)	unaccredited person operate tour and charter service	50			
3	21	pretend to be accredited to operate a bus service	30			
4	22 (1)	operate regular route service without service contract	50			
Part 1.12	Road Transport (Public Passenger Services) Regulations 2001

column 1 item	column 2 
offence provision and, if relevant, case	column 3 
short description	column 4 offence penalty (pu)	column 5 infringement penalty ($)	column 6 demerit points	
1		14 (2)	accredited person not notify change in accreditation/service operation	20	300		
2		14 (5)	person not provide relevant information after change of relevant person	20	300		
3		15	holder of conditional accreditation not comply with conditions	20	300		
4		17	accredited person not produce certificate of accreditation when required by police officer/authorised person	5	200		
5		20 (a)	bus operator not service/maintain bus	20	200		
6		20 (b)	bus operator not ensure bus complies with vehicle standards	20	300		
7		22	bus operator not give notice of additional bus	20	100		
8		23 (1)	bus operator not give immediate notice of notifiable accident	20	200		
9		23 (2)	bus operator not give follow-up notice of notifiable accident	20	200		
10		23 (3)	bus operator not give notice of incident	20	200		
11		24 (1)	bus operator not ensure interior/exterior/ fittings of bus clean/undamaged/ properly fitted/securely in place	10	200		
12		25	bus operator allow unlicensed/unauthorised person to drive bus	20	200		
13		26	bus operator not make driver record	10	200		
14		27 (1) (a)	bus operator not keep record as required	10	200		
15		27 (1) (b)	bus operator not produce record to police officer/authorised person for inspection	10	200		
16		27 (1) (c)	bus operator not provide record to authority for inspection	10	200		
17		28 (1)	bus operator not state on single-decker bus maximum number of passengers permitted	5	100		
18		28 (2)	bus operator not state on double-decker bus maximum number of passengers permitted	5	100		
19		29	bus operator not display accreditation information	5	200		
20		30	bus operator not deal with lost property as required	5	100		
21		31 (1) (a)	bus operator allow bus operation after time of effect of noncompliance notice 	20	300		
22		31 (1) (b)	bus operator allow bus operation after unauthorised removal of noncompliance notice	20	300		
23		32 (1) (a)	bus driver not drop off passenger	5	100		
24		32 (1) (b)	bus driver not pick up passenger	5	100		
25		33	bus driver not stop bus parallel/close to side of road	5	100		
26		34 (1) (a)	bus driver carry more than maximum number of passengers permitted in bus	5	100		
27		34 (1) (b) (i)	bus driver carry more than maximum number of seated passengers than permitted in single-decker	5	100		
28		34 (1) (b) (ii)	bus driver carry more than maximum number of standing passengers than permitted in single-decker	5	100		
29		34 (1) (c) (i)	bus driver carry more than maximum number of seated passengers on deck of double-decker than permitted on the deck	5	100		
30		34 (1) (c) (ii)	bus driver carry more than maximum number of standing passengers on deck of double-decker than permitted on the deck	5	100		
31		35 (1)	bus driver allow inconvenient thing in bus	5	100		
32		36	bus driver not deal with lost property as required	5	100		
33		37 (a)	bus driver solicit passenger/hiring	10	100		
34		37 (b)	bus driver move bus with door open	10	200		
35		37 (c)	bus driver start bus in way to subject person to unnecessary injury/risk	10	200		
36		38 (a)	bus driver not clean/tidy/wearing clean/respectable clothes	5	100		
37		38 (b)	bus driver not behave in orderly way/politely/with propriety	5	100		
38		39	bus driver leave driving seat	5	100		
39		40 (1) (a)	bus driver allow passenger in driver’s compartment	5	200		
40		40 (1) (b)	bus driver allow passenger on driver’s seat	5	200		
41		40 (2) (a)	bus driver allow passenger on unauthorised part of bus	5	200		
42		40 (2) (b)	bus driver allow passenger beside/in front of driver’s seat	5	200		
43		40 (2) (c)	bus driver allow passenger to stand on upper deck	5	200		
44		41 (1) (a)	bus drive operate bus after time of effect of noncompliance notice	20	300		
45		41 (1) (b)	bus driver operate bus after unauthorised removal of noncompliance notice 	20	300		
46		43 (1)	travel on bus without valid bus ticket	5	100		
47		44 (1)	transfer bus ticket to someone else	5	100		
48		45 (1) (a)	use damaged/defaced bus ticket	5	100		
49		45 (1) (b)	use changed bus ticket	5	100		
50		46 (1)	use concession bus ticket when not entitled	5	100		
51		46 (3)	not produce evidence of entitlement to bus ticket concession	5	100		
52		46 (6)	provide document containing false/ misleading/incomplete information for bus ticket concession application/ evidence of entitlement to bus ticket concession	20	100		
53		46 (7) (a)	state false/misleading thing for bus ticket concession application/evidence of entitlement to bus ticket concession	20	100		
54		46 (7) (b)	omit thing from statement for bus ticket concession application/evidence of entitlement to bus ticket concession so it is misleading	20	100		
55		47	not make bus ticket available to authorised person for inspection/ processing	5	100		
56		48 (1)	interfere with comfort or safety of person in bus	5	200		
57		49 (2)	occupy reserved bus seat	5	100		
58		50 (1)	drink/possess open container of liquor in bus	5	200		
59		51 (1)	eat/drink on bus contrary to sign	5	100		
60		52 (a)	get on/get off moving bus	5	200		
61		52 (b)	get on/get off bus through window/roof hatch	5	200		
62		53 (a)	interfere with bus equipment	5	200		
63		53 (b)	block bus door	5	200		
64		53 (c)	unlock bus door	5	200		
65		53 (d)	open door while bus moving	5	200		
66		53 (e)	interfere with automatic bus door	5	200		
67		54	throw thing in/from bus	5	200		
68		55 (1) (a)	bus passenger enter drivers compartment	5	200		
69		55 (1) (b)	bus passenger occupy driver’s seat 	5	200		
70		55 (2) (a)	bus passenger travel on unauthorised part of bus	5	200		
71		55 (2) (b)	bus passenger beside/in front of driver’s seat	5	100		
72		55 (2) (c)	bus passenger stand on upper deck of bus	5	100		
73		56 (1)	remove property of bus operator from bus	5	200		
74		57	deposit litter/dangerous thing in bus	5	100		
75		58 (1)	bus passenger take animal on bus without permission	5	100		
76		59 (3)	bus passenger with soiled clothing/soiled goods/damaging goods/bulky goods not comply with direction by driver/police officer/authorised person	5	100		
77		60 (2)	intoxicated bus passenger not comply with direction by driver/police officer/ authorised person	5	100		
78		61 (2)	bus passenger offender not comply with direction by driver/police officer/ authorised person	5	100		
79		63	not deal with lost property on bus as required	5	100		
80		70 (1)	not return suspended/cancelled certificate of accreditation as required	5	200		
81		72 (5)	not provide record/information for bus services enforcement	20	300		
82		73 (5)	not comply with request by police officer/authorised person for bus maintenance facility enforcement	20	300		
83		74 (4)	not comply with request/signal by police officer/authorised person for bus services enforcement	20	300		
84		75 (3)	responsible person not comply with inspection requirement by police officer/ authorised person for bus services enforcement	20	300		
85		76 (4)	unauthorised removal of noncompliance notice 	20	300		
86		77 (2) (a)	not state name/address when required by police officer/authorised person for bus services enforcement	10	100		
87		77 (2) (b)	state false name/address for bus services enforcement	10	100		

Endnotes
Regulations amended in pt 2
1	Republished as in force on 12 September 2001 (Republication No 2).  
Regulations amended in pt 3
2	Republished as in force on 12 September 2001 (Republication No 1).  
Notification
3	Notified under the Legislation Act 2001 on 18 October 2001.
	(see www.legislation.act.gov.au)

©  Australian Capital Territory 2001