Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 (NO 37 OF 2008) - SCHEDULE 20

Schedule 20     Modification—Road Transport (Public Passenger Services) Act 2001

(see s 103)

[20.1]     New part 8A

insert

Part 8A     Additional public passenger vehicle insurance

110     Definitions—pt 8A

In this part:

"accredited operator", of a public passenger vehicle, means a person who is accredited to operate the public passenger service for which the vehicle is operated.

"public passenger vehicle policy" means a policy that—

        (a)     is issued (or renewed) by a corporation authorised under the Insurance Act 1973 (Cwlth); and

        (b)     insures the accredited operator of the public passenger vehicle to which the policy applies against liability in relation to damage to property caused by, or arising out of the use of, the vehicle anywhere in Australia (whether or not on a road or road related area).

111     Public passenger vehicle insurance compulsory

    (1)     The accredited operator of a public passenger vehicle commits an offence if—

        (a)     the accredited operator operates the public passenger vehicle; and

        (b)     there is no public passenger vehicle policy for at least $5 000 000 for the vehicle.

Maximum penalty: 50 penalty units.

    (2)     To remove any doubt, it is irrelevant that a public passenger vehicle policy also insures the accredited operator against other risks.

112     Police officer or authorised person may require evidence of public passenger vehicle insurance

    (1)     A police officer or authorised person may require the accredited operator of a public passenger vehicle to produce evidence that a public passenger vehicle policy is in force for the vehicle.

    (2)     The accredited operator must not fail to produce the evidence when required to do so.

Maximum penalty: 20 penalty units.

    (3)     It is a defence to an offence against subsection (2) if—

        (a)     the accredited operator has a reasonable excuse for failing to produce the evidence when required to do so; and

        (b)     within 3 days after being required to produce the evidence, produces the evidence at a place prescribed by regulation or as directed by the police officer or authorised person.

113     Application of Road Transport (Offences) Regulation to s 111 (1) and s 112 (2)

The Road Transport (Offences) Regulation 2005 applies in relation to an offence against this part as if the regulation, schedule 1, part 1.10 included the following items:

26A	111 (1)	accredited operator not maintain required public passenger vehicle policy	50	494
26B	112 (2)	accredited operator not produce evidence public passenger vehicle policy in force	20