Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 1 Road Transport (Public Passenger Services)
Regulations 2002—other amendments
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4A Offences against regulations—application of Criminal Code etc
Other legislation applies in relation to offences against these regulations.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against these regulations (see Code, pt 2.1):
• reg 30A (Advertisements for bus services to display accreditation number)
• reg 34 (Effect of noncompliance notices—bus operators)
• reg 45 (Effect of noncompliance notices—bus drivers)
• reg 88 (Taxi licensees to notify change of name or address)
• reg 95 (Taxis to be fitted with complying taximeters)
• reg 112 (Effect of noncompliance notices—taxi operators)
• reg 126 (Effect of noncompliance notices—taxi drivers)
• reg 127 (When a taxi hiring begins)
• reg 127A (When a taxi hiring ends)
• reg 134 (Operation of taxi roof sign by drivers)
• reg 143 (Driver not to start taximeter before hiring begins)
• reg 143A (When driver must start taximeter)
• reg 143B (Operation of taximeter during hiring)
• reg 143C (Operation of taximeter at end of hiring)
• reg 144 (Driver to ask for correct fare)
• reg 144A (Payment of taxi fare)
• reg 144B (ACT Taxi Subsidy Scheme vouchers—offences).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
[1.2] Regulation 6
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6 Definitions for pt 2.2
In this part:
applicant, for accreditation (including for the renewal of an accreditation)—see regulation 7 (1).
"regulated service" means—
(a) a public passenger service; or
(b) a taxi network.
"relevant person", for an application for accreditation (including for the renewal of an accreditation) by a person or in relation to an accreditation held by a person, means—
(a) if the person is an individual—the person and any employee of the person who is concerned with, or takes part in, the management of the regulated service to which the application relates; or
(b) if the person is a corporation—each executive officer of the corporation; or
(c) if the person is any other kind of entity—the person and anyone else who is concerned with, or takes part in, the entity's management.
[1.3] Regulation 7 (1) (c)
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(c) a statement supplied by a police officer about the applicant's criminal history (if any) and the infringement notices (if any) served on the person.
[1.4] New regulation 7 (4)
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(4) In this regulation:
"infringement notice"—
(a) means a notice served under the Road Transport (General) Act 1999 , section 24 (Service of infringement notices generally) or section 36 (Service of infringement notices on responsible persons for vehicles); and
(b) includes a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence.
[1.5] Regulation 32 (3), new note
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Note The accredited operator must also comply with any standards about security cameras in buses, see reg 68 (5).
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34 Effect of noncompliance notices—bus operators
(1) The accredited operator of a bus to which a noncompliance notice has been attached under regulation 175 (Attachment and removal of noncompliance notices) commits an offence if the accredited operator allows the bus to be used to operate a bus service—
(a) after the time of effect of the notice; or
(b) after the accredited operator knows the notice has been removed other than in accordance with regulation 175.
Maximum penalty: 20 penalty units.
Note For the time of effect , see reg 175 (2) (b).
(2) This regulation ceases to apply to the bus if a police officer or authorised person has directed under regulation 175 that the notice be taken to have been removed.
(3) An offence against this regulation is a strict liability offence.
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45 Effect of noncompliance notices—bus drivers
(1) The driver of a bus to which a noncompliance notice has been attached under regulation 175 (Attachment and removal of noncompliance notices) commits an offence if the driver uses the bus to operate a bus service—
(a) after the time of effect of the notice; or
(b) after the driver knows the notice has been removed other than in accordance with regulation 175.
Maximum penalty: 20 penalty units.
Note For the time of effect , see reg 175 (2) (b).
(2) This regulation ceases to apply to the bus if a police officer or authorised person has directed under regulation 175 that the notice be taken to have been removed.
(3) An offence against this regulation is a strict liability offence.
[1.8] Regulation 74 (1) (a) and (b)
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(a) a person asks for a wheelchair-accessible taxi through a taxi booking service; and
(b) the person for whom the booking is being made is a wheelchair-dependent person; and
[1.9] Regulation 93 (2), note 2
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Note 2 For age limits on the registration of vehicles as taxis, see Road Transport (Vehicle Registration) Regulations 2000 , reg 32B.
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112 Effect of noncompliance notices—taxi operators
(1) The accredited operator of a taxi to which a noncompliance notice has been attached under regulation 175 (Attachment and removal of noncompliance notices) commits an offence if the accredited operator allows the taxi to be used to operate a taxi service—
(a) after the time of effect of the notice; or
(b) after the accredited operator knows the notice has been removed other than in accordance with regulation 175.
Maximum penalty: 20 penalty units.
Note For the time of effect , see reg 175 (2) (b).
(2) This regulation ceases to apply to the taxi if a police officer or authorised person has directed under regulation 175 that the notice be taken to have been removed.
(3) An offence against this regulation is a strict liability offence.
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a person who is dependent on a wheelchair for mobility outdoors
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a wheelchair-dependent person
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(4) In this regulation:
"network booking service" means a taxi booking service for the accredited taxi network provider with which the accredited operator of the taxi is affiliated.
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126 Effect of noncompliance notices—taxi drivers
(1) The driver of a taxi to which a noncompliance notice has been attached under regulation 175 (Attachment and removal of noncompliance notices) commits an offence if the driver uses the taxi to operate a taxi service—
(a) after the time of effect of the notice; or
(b) after the driver knows the notice has been removed other than in accordance with regulation 175.
Maximum penalty: 20 penalty units.
Note For the time of effect , see reg 175 (2) (b).
(2) This regulation ceases to apply to the taxi if a police officer or authorised person has directed under regulation 175 that the notice be taken to have been removed.
(3) An offence against this regulation is a strict liability offence.
[1.14] Regulation 133 (3), examples
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Examples of people with significant disabilities affecting mobility
1 a wheelchair-dependent person
2 a person who ordinarily uses a walking stick, crutches or a walking frame to move around outdoors
3 a person who is blind
Note An example is part of these regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
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A person
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A person (other than the driver)
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(5) The immediate suspension notice ends—
(a) if the service authority to which the notice relates is cancelled or suspended under regulation 166 (4)—when the cancellation or suspension takes effect; or
(b) if a condition is imposed on the service authority to which the notice relates, or a condition of the service authority is amended—when the condition or amended condition takes effect; or
(c) in any other case—when the person is told under regulation 166 (5) of the decision made on the disciplinary notice.
[1.17] Schedule 1, part 1.2, paragraph (b) (vi) (A)
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people who are dependent on a wheelchair for mobility outdoors
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wheelchair-dependent people
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Note 1 The Legislation Act contains definitions and other provisions relevant to these regulations.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• contravene
• fail
• penalty unit
• the Territory.
Note 3 Terms used in these regulations have the same meaning that they have in the Road Transport (Public Passenger Services) Act 2001 (see Legislation Act, s 148). For example, the following terms are defined in the Road Transport (Public Passenger Services) Act 2001 , dict:
• accredited taxi network provider
• affiliated
• another jurisdiction
• motor vehicle
• road
• road transport authority.
[1.19] Dictionary, definition of accredited
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"accreditation" means accreditation under these regulations to operate a public passenger service or taxi network.
[1.20] Dictionary, definition of accredited operator
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"accredited operator" means—
(a) for a public passenger service—an accredited person who is entitled to operate the service; or
(b) for a public passenger vehicle—an accredited person who is entitled to operate the public passenger service for which the vehicle is operated.
[1.21] Dictionary, definitions of accredited taxi network provider , affiliated and another jurisdiction
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[1.22] Dictionary, definition of applicant
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"applicant", for part 2.2 (Accreditation procedure)—see regulation 6.
[1.23] Dictionary, definition of beginning
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"begins", for a taxi hiring—see regulation 127.
[1.24] Dictionary, definition of ending
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"ends", for a taxi hiring—see regulation 127A.
[1.25] Dictionary, definitions of licence and motor vehicle
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[1.26] Dictionary, definition of regulated service
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"regulated service", for part 2.2 (Accreditation procedure)—see regulation 6.
[1.27] Dictionary, definition of relevant person
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"relevant person", for part 2.2 (Accreditation procedure)—see regulation 6.
[1.28] Dictionary, definitions of road and road transport authority
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