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FACT SHEET
Passenger Transport Services Bill 2011
The primary purpose of this Bill is to improve and update the operator accreditation
scheme by making it easier to administer, and more flexible, while maintaining the
mandatory requirement for passenger transport operators to hold operator accreditation.
It clarifies to whom accreditation applies and ensures that the accreditation scheme
primarily focuses on regulating commercial activities, not private car-pooling or private
transport arrangements between families and friends.
The Bill amends the current seating capacity definitions for large and small passenger
vehicles, and will no longer allow the removal of seats from vehicles simply to avoid
regulation. Consistent with Commonwealth legislation defining the term `bus', a large
passenger vehicle will now be defined as one with 10 or more seats, as the vehicle was
originally manufactured.
The legislation also makes it clear that, unless using a large passenger vehicle,
community organisations that provide passenger transport to their clients do not require
operator accreditation. It should be noted that community transport providers utilising
vehicles with 10 to 12 seats will be subject to a modified (less onerous) operator
accreditation scheme. Further, a significant number of community transport providers
are already subject to operator accreditation under the current seating capacity
definitions.
The concept of "for reward" in the old Passenger Transport Act 1997 is replaced and
the problems associated with the practical application of that concept are addressed by
introducing a three-part test for operators of small passenger vehicles, to determine who
should be accredited. An operator of such vehicles is now required to be accredited if a
fare is charged (a `fare' meaning any financial consideration), the service is available to
the general public and the service is a `transport concern'. A transport concern relates
to a service that is primarily based on delivering transport, rather than transport being
an adjunct to a wider service of a different type.
The Bill also removes a perceived conflict of interest in the existing administrative
arrangements, by vesting the contracting power in the Secretary of DIER, rather than
with the Transport Commission. The latter will retain responsibility for safety
regulation.
It provides a more streamlined process for the authorisation of new regular passenger
services, but also allows the Transport Commission to take into consideration the
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potential impact of those services on both existing and planned future services of
incumbent operators.
The Bill establishes a clearer process for the procurement of new services, which
includes dealing with emergency situations and the scope for the Secretary to authorise
the trial of new routes.
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