Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2005 (NO 1) (NO 39 OF 2005) - REG 15

substitute

27     Records of bus drivers etc to be maintained by accredited operator

    (1)     The accredited operator of a bus service must make a written record of the following particulars for each person who drives a bus to operate the service:

        (a)     the person's full name and home address;

        (b)     the prescribed driver authority information for the person, including any change to the information notified to the accredited operator by the road transport authority;

        (c)     the dates and times when the bus was driven by the person.

    (2)     The accredited operator of a bus service must not fail to comply with subsection (1).

Maximum penalty: 10 penalty units.

    (3)     An offence against subsection (2) is a strict liability offence.

    (4)     A person commits an offence if—

        (a)     the person is an accredited operator of a bus service; and

        (b)     the person has a written record under subsection (1) of a person (the driver ) who drives a bus to operate the service; and

        (c)     the driver was the holder of a public vehicle licence authorising the driver to drive a bus for hire or reward; and

        (d)     the driver's public vehicle licence is suspended or cancelled; and

        (e)     the person knows, or ought reasonably to know, that the driver's public vehicle licence is suspended or cancelled; and

        (f)     the person fails to make a written record of the following for the driver—

              (i)     the suspension or cancellation of the driver's licence; and

              (ii)     when the licence was suspended or cancelled.

Maximum penalty: 10 penalty units.

    (5)     A person commits an offence if—

        (a)     the person is an accredited operator of a bus service; and

        (b)     the person has a written record under subsection (1) of a person (the driver ) who drives a bus to operate the service; and

        (c)     the driver was exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000 , section 94A; and

        (d)     the driver is no longer exempt from holding a public vehicle licence; and

        (e)     the person knows, or ought reasonably to know, that the driver is no longer exempt under section 94A; and

        (f)     the person fails to record for the driver that the driver is no longer exempt under section 94A.

Maximum penalty: 10 penalty units.

27A     Accredited operator to tell road transport authority about records of bus drivers etc

    (1)     The accredited operator of a bus service must, for each person for whom the accredited operator has a record under section 27 (1), tell the road transport authority about the following:

        (a)     the person's full name and home address;

        (b)     the prescribed driver authority information for the person, including any change to the information notified to the accredited operator by the road transport authority;

        (c)     any change to the person's name, home address or prescribed driver authority information since the accredited operator last told the road transport authority about the information relating to the person;

        (d)     if the person no longer drives a bus for the accredited operator—that the person no longer drives a bus for the accredited operator.

    (2)     The accredited operator of a bus service must not fail to comply with subsection (1).

Maximum penalty: 10 penalty units.

    (3)     An offence against subsection (2) is a strict liability offence.

27B     Road transport authority may tell accredited operator about bus drivers

    (1)     This section applies if—

        (a)     the accredited operator of a bus service has a record for a person under section 27 (1); and

        (b)     the accredited operator has told the road transport authority about the person under section 27A (1).

    (2)     The road transport authority may tell the accredited operator about the following for the person:

        (a)     any change in the prescribed driver authority information for the person;

        (b)     if the person was the holder of a public vehicle licence authorising the person to drive a bus for hire or reward but the person's licence has been suspended or cancelled—

              (i)     the suspension or cancellation of the driver's licence; and

              (ii)     when the licence was suspended or cancelled;

        (c)     if the person was exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000 , section 94A but is no longer exempt and the road transport authority knows the person is no longer exempt—that the person has ceased to be exempt under section 94A.