Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATIONS 2004 (NO 1) (NO 47 OF 2004) - REG 25

substitute

13     Accepted service standards—amendment on accredited person's initiative

    (1)     An accredited person may apply to the road transport authority for the amendment of an accepted service standard.

    (2)     The road transport authority may, in writing, approve the amendment if satisfied, on reasonable grounds, that compliance with the service standard, as amended, will ensure that the accredited person provides a safe, reliable and efficient regulated service.

    (3)     The road transport authority must—

        (a)     tell the accredited person whether the authority has approved the amendment; and

        (b)     if the authority has approved the amendment—tell the accredited person when the amendment takes effect.

13A     Accepted service standards—amendment on authority's initiative

    (1)     This regulation applies if the road transport authority considers, on reasonable grounds, that the amendment of an accepted service standard is necessary to ensure that the accredited person for the service standard provides a safe, reliable and efficient regulated service.

    (2)     The road transport authority may, by written notice given to the accredited person, ask the person to agree to the amendment of the accepted service standard.

    (3)     The notice must—

        (a)     state the proposed amendment; and

        (b)     state the reason for the proposed amendment; and

        (c)     state when the road transport authority proposes that the amendment take effect; and

        (d)     ask the accredited person to tell the road transport authority within a stated reasonable time (of at least 7 days) whether the person agrees to the amendment.

    (4)     The notice may include any other information that the road transport authority considers appropriate.

    (5)     If the accredited person agrees to the proposed amendment of the accepted service standard, the road transport authority must, in writing, amend the service standard.

    (6)     If the road transport authority and the accredited person agree on an amendment (an alternative amendment ) of the accepted service standard that is different to the proposed amendment, the authority must, in writing, amend the service standard.

    (7)     However, the road transport authority may agree to an alternative amendment of the accepted service standard only if satisfied, on reasonable grounds, that compliance with the service standard, as amended, will ensure that the accredited person provides a safe, reliable and efficient regulated service.

    (8)     If the road transport authority amends an accepted service standard under subregulation (5) or (6), the authority must—

        (a)     give the accredited person a copy of the amended service standard; and

        (b)     tell the accredited person when the amended service standard takes effect.