Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Chapter 6 Demand responsive services
Part 6.1 Demand responsive service authorisations
230 Application procedure for issue of authorisations
(1) A person (the applicant ) may apply to the Minister for the issue (including renewal) of an authorisation to operate a DRS.
Note A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
(2) The applicant must give the Minister a completed application form for the authorisation.
(3) The Minister may require the applicant to give the Minister further stated information or a stated document that the Minister reasonably needs to decide the application.
(4) The Minister may refuse to consider the application further if the requirement is made in writing and the applicant does not comply with the requirement.
231 Issue of authorisations
(1) The Minister may refuse to issue (including renew) a DRS authorisation to an applicant if the Minister believes, on reasonable grounds, that the applicant—
(a) has contravened a condition of another DRS authorisation held (or previously held) by the person or, for a DRS authorisation renewal, a condition of the authorisation being renewed; or
(b) has not complied with a requirement of the Act relating to the application.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) The Minister must refuse to issue a DRS authorisation if—
(a) the applicant is not accredited to operate a DRS; or
(b) the applicant is disqualified under chapter 8 (Disciplinary action) from holding or applying for a DRS authorisation; or
(c) by issuing the authorisation, the proposed DRS would contravene the approved guidelines under the Act, section 83 (Demand responsive services—guidelines for giving authorisations); or
Note Contravene includes fail to comply with (see Legislation Act, dict, pt 1).
(d) a double-decker bus or a motorbike is to be used to operate the proposed DRS.
(3) The Minister must issue a DRS authorisation to the applicant if the Minister does not refuse the application.
(4) A DRS authorisation must be issued for a minimum period of 1 year and a maximum period of 6 years.
232 Issue or amendment of authorisations subject to conditions
(1) A DRS authorisation may be issued (including renewed) subject to a condition imposed by the Minister.
(2) A DRS authorisation may be amended by the Minister to impose a condition to which the authorisation is to be subject or to amend or revoke a condition to which the authorisation is already subject.
(3) A condition mentioned in subsection (1) or (2) may be imposed, amended or revoked by the Minister—
(a) on the Minister's own initiative or on the application of the applicant for a DRS authorisation or the holder of a DRS authorisation; and
(b) for a stated period or indefinitely.
233 Demand responsive service authorisations—procedure for imposition etc of conditions on Minister's initiative
(1) This section applies to the holder of a DRS authorisation if the Minister proposes, on the Minister's own initiative, to take action under section 232 (2) to amend the authorisation to impose, amend or revoke a condition (the proposed action ).
(2) The Minister must give the authorisation-holder a written notice stating—
(a) the proposed action; and
(b) if the proposed action is to impose a condition—the proposed condition; and
(c) if the proposed action is to amend a condition—the condition as proposed to be amended; and
(d) an explanation for the proposed action; and
(e) if appropriate, any action that must be taken by the authorisation-holder to avoid or reverse the proposed action; and
(f) the date when the proposed imposition, amendment or revocation of the condition takes effect (the date of effect ); and
(g) that the proposed action takes effect on the date of effect unless the notice is revoked by the Minister before that date.
(3) The notice may, but need not, provide an opportunity for the authorisation-holder to make representations about why the proposed action should not be taken.
(4) The date of effect must not be earlier than 14 days after the notice is given to the authorisation-holder.
(5) This section does not affect the taking of action under chapter 8 (Disciplinary action).
234 Conditions of authorisations
A DRS authorisation is subject to the conditions (if any) stated in the authorisation or in a document stated by the authorisation to form part of the authorisation.
235 Form of authorisations
(1) A DRS authorisation issued to a person must—
(a) state the authorisation number allocated to the person; and
(b) state the person's full name and address; and
(c) describe the kind of public passenger service that may be operated under the authorisation (including, for example, the matters mentioned in the Act, section 83 (2) (a)); and
(d) state the kinds of vehicles that may be used to operate the DRS under the authorisation; and
(e) state the expiry date of the authorisation.
Note An example is part of the regulation, 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).
(2) An authorisation may also include any additional information that the Minister considers appropriate.
236 Authorisation labels—issue and display
(1) If the Minister issues a DRS authorisation to a person, the Minister may also issue to the authorisation-holder a label (a DRS authorisation label ) for a DRS vehicle for which the authorisation relates.
(2) A DRS authorisation label issued to the authorisation-holder must show—
(a) the authorisation number allocated to the authorisation-holder; and
(b) the registration number of the vehicle to be used to operate the DRS; and
(c) the hours of operation of the DRS; and
(d) the expiry date of the authorisation.
(3) The authorised-holder must ensure that the DRS authorisation label is displayed—
(a) on the lower left side (or nearside) of the windscreen of the DRS vehicle; and
(b) so the information on the label is readable from the outside of the vehicle.
(4) A person must not operate a DRS vehicle on a road or road related area if—
(a) the vehicle does not have the DRS authorisation label issued for it attached to the vehicle; or
(b) the label is not attached in accordance with subsection (3); or
(c) any information on the label cannot, for any reason, be readily read.
Maximum penalty: 20 penalty units.
(5) The authorised operator of a DRS vehicle operated by someone else in contravention of subsection (4) also commits an offence if the authorised operator failed to take reasonable precautions to prevent the contravention.
Maximum penalty: 20 penalty units.
(6) An offence against this section is a strict liability offence.
237 Authorisation labels—replacement
(1) The Minister may issue a replacement DRS authorisation label to a DRS authorisation-holder if satisfied that the authorisation label has been lost, stolen or destroyed.
(2) For subsection (1), the Minister may require the authorisation-holder to give the Minister a statement, verified by statutory declaration, that the authorisation label has been lost, stolen or destroyed.
Note 1 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
Note 2 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
238 Authorisation-holders to notify change of name or address
(1) If the name or residential address of a DRS authorisation-holder changes, the authorisation-holder must, as soon as practicable but no later than 14 days after the day the change happens, give the Minister—
(a) written notice of the change; and
(b) the authorisation issued to the authorisation-holder.
Maximum penalty: 20 penalty units.
(2) If a DRS authorisation is returned to the Minister, the Minister must amend the authorisation or issue another authorisation for the remainder of the period of the authorisation that it replaces.
(3) An offence against this section is a strict liability offence.
239 Authorisation-holder to comply with conditions
(1) A DRS authorisation-holder must not contravene a condition to which the authorisation is subject.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
240 Replacement of authorisation
(1) The Minister may issue a replacement DRS authorisation to a DRS authorisation-holder if satisfied that the authorisation has been lost, stolen or destroyed.
(2) For subsection (1), the Minister may require the authorisation-holder to give the Minister a statement, verified by statutory declaration, that the authorisation has been lost, stolen or destroyed.
Note 1 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
Note 2 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
241 Production of authorisation
(1) A DRS authorisation-holder must not fail to produce the person's authorisation for inspection when required to do so by the road transport authority, a police officer or an authorised person.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if—
(a) the authorisation-holder has a reasonable excuse for failing to produce the authorisation when required to do so; and
(b) as soon as practicable, but no later than 3 days after the day of being required to produce the authorisation, the authorisation-holder produces the authorisation at the place directed by the road transport authority, police officer or authorised person.
242 Surrender of authorisation
(1) A DRS authorisation-holder may apply to the Minister to surrender the authorisation.
(2) The application may be made personally by the authorisation-holder or by an agent who produces written evidence of his or her appointment as agent.
(3) The person must, with the application—
(a) return the authorisation to the Minister; or
(b) if the authorisation has been lost, stolen or destroyed—give the Minister a statement, verified by statutory declaration, that the authorisation has been lost, stolen or destroyed.
Note The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
(4) If the person complies with this section, the Minister must approve the application unless the Minister is taking action to suspend or cancel the authorisation.
243 Demand responsive service authorisations not transferable
A DRS authorisation is not transferable.
Part 6.2 Demand responsive services
Division 6.2.1 Preliminary
244 Meaning of authorised operator and DRS vehicle driver —pt 6.2
In this part:
"authorised operator" means an authorised DRS operator.
"DRS vehicle driver" means a person who is driving a DRS vehicle while it is operating as a DRS vehicle.
Division 6.2.2 Demand responsive service vehicle operators
245 Maintenance of demand responsive service vehicles
(1) The authorised operator of a DRS vehicle must not use the vehicle, or allow someone else to use the vehicle, to operate a DRS if the vehicle has not been serviced and maintained in accordance with the vehicle manufacturer's maintenance standards (however described) relating to the vehicle.
Maximum penalty: 20 penalty units.
(2) The authorised operator of a DRS vehicle must not use the vehicle, or allow someone else to use the vehicle, to operate a DRS if—
(a) the vehicle does not comply with the applicable vehicle standards for the vehicle; or
(b) the use of the vehicle by the authorised operator or other person would contravene the Road Transport (Vehicle Registration) Act 1999 .
Maximum penalty: 20 penalty units.
Example for par (b)
The vehicle must be maintained in a condition that enables it to be driven safely (see Road Transport (Vehicle Registration) Regulation 2000 , s 107 (2)).
Note An example is part of the regulation, 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).
(3) An offence against this section is a strict liability offence.
246 Fleet and maintenance records for demand responsive service vehicles to be made
(1) The authorised operator of a DRS must make a written record of the following particulars for each DRS vehicle used to operate the service:
(a) the make, model and year of manufacture of the vehicle;
(b) the registration number of the vehicle;
(c) the insurance policies, and the expiry date of the policies, that apply in relation to the operation of the vehicle;
(d) if the vehicle is a bus—the maximum number of seated and standing passengers that may be carried on the bus in accordance with section 269 (Maximum number of passengers in demand responsive service vehicles);
(e) the date the vehicle was first used by the operator to operate the DRS and (if applicable) the date the vehicle ceased to be used by the operator to operate the DRS;
(f) the inspections of the vehicle for compliance with section 245 (Maintenance of demand responsive service vehicles);
(g) any defects that affect the roadworthiness or safe operation of the vehicle;
(h) the cleaning, servicing, maintenance and repair of the vehicle and any other work done to the vehicle;
(i) accidents or other incidents in which—
(i) the death of, or bodily injury to, a person is caused by, or arises out of the use of, the vehicle; or
(ii) damage to property is caused by, or arises out of the use of, the vehicle.
(2) The authorised operator of a DRS must not fail to comply with subsection (1).
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability offence.
247 Notification of changes to demand responsive service vehicle fleet
(1) This section applies to an authorised operator of a DRS who acquires (including under a lease) a vehicle to operate the DRS.
(2) The authorised operator must, as soon as practicable (but no later than 7 days after the day the vehicle is acquired), give the road transport authority written notice of the matters mentioned in section 246 (1) (a) to (d).
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
248 Notifiable incidents involving demand responsive service vehicles
(1) The authorised operator of a DRS must, as soon as practicable (but within 24 hours) after a notifiable accident, give the road transport authority written notice of the time and date when, and the place where, the accident happened.
Maximum penalty: 20 penalty units.
(2) The authorised operator of a DRS must, as soon as practicable (but no later than 5 days after the day of a notifiable accident), give the road transport authority written notice of the following information:
(a) the make, model and registration number of the DRS vehicle involved in the accident;
(b) the full name and home address of the driver of the DRS vehicle involved in the accident;
(c) the circumstances of the accident;
(d) the name and address of anyone killed or injured in the accident;
(e) for an injured person—the kind of injuries received by the person.
Maximum penalty: 20 penalty units.
(3) An offence against subsection (1) or (2) is a strict liability offence.
(4) The authorised operator of a DRS must give the road transport authority written notice of any incident (other than a notifiable accident) that—
(a) relates to a DRS vehicle; and
(b) significantly affects the operation of the DRS.
Maximum penalty: 20 penalty units.
(5) In this section:
"notifiable accident" means an accident or other incident in which the death of, or bodily injury to, a person is caused by, or arises out of the use of, a DRS vehicle.
249 Condition of demand responsive service vehicles
(1) The authorised operator of a DRS vehicle must not operate, or allow someone else to operate, the vehicle as a DRS vehicle if—
(a) the vehicle's exterior and interior are not clean and undamaged; and
(b) the vehicle's fittings are not clean and undamaged, properly fitted and securely in place and, if appropriate, fully operational.
Maximum penalty: 10 penalty units.
Examples for par (b) of fittings to be fully operational
1 interior lights and window-winding mechanisms
2 fire-extinguisher
3 if the DRS vehicle is fitted with a security camera, the security camera
Note 1 The authorised operator must also comply with any standards about security cameras in DRS vehicles, see s 303 (5).
Note 2 An example is part of the regulation, 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).
(2) An offence against this section is a strict liability offence.
(3) In this section:
"exterior", of a DRS vehicle, includes the body, door panels, bumper bars, trim and wheels of the vehicle.
"interior", of a DRS vehicle, includes the interior of the boot (if any) of the vehicle.
250 Demand responsive service vehicle drivers to hold appropriate driver licence or authority
(1) The authorised operator of a DRS must ensure that a person who drives a DRS vehicle to operate the service is—
(a) the holder of a public vehicle licence authorising the person to drive the vehicle for hire or reward; or
(b) exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000 , section 94A (Exemption of drivers of public vehicles driven for hire or reward—Act, s 31 (1) (b)).
Maximum penalty: 20 penalty units.
Note 1 A person does not hold a public vehicle licence if the public vehicle licence is suspended or has been cancelled under the road transport legislation or any other territory law.
Note 2 The Road Transport (Driver Licensing) Regulation 2000 , s 94A (4) provides that a person ceases to be exempt from holding a public vehicle licence if—
(a) an automatic disqualifying circumstance applies to the person (see Road Transport (Driver Licensing) Regulation 2000 , s 91); or
(b) the person is disqualified by the road transport authority from driving a vehicle on a road or road related area (in the ACT) under that regulation, s 103.
(2) An offence against this section is a strict liability offence.
251 Records of demand responsive service vehicle drivers etc to be maintained by authorised operator
(1) The authorised operator of a DRS must make a written record of the following particulars for each person who drives a DRS vehicle 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 authorised operator by the road transport authority;
Note Prescribed driver authority information —see the dictionary.
(c) the dates and times when the DRS vehicle was driven by the person.
(2) The authorised operator of a DRS 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 authorised operator of a DRS; and
(b) the person has a written record under subsection (1) of a person (the driver ) who drives a DRS vehicle to operate the service; and
(c) the driver was the holder of a public vehicle licence authorising the driver to drive a DRS vehicle 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; and
(iii) if the licence was suspended—when the suspension ends.
Maximum penalty: 10 penalty units.
(5) A person commits an offence if—
(a) the person is an authorised operator of a DRS; and
(b) the person has a written record under subsection (1) of a person (the driver ) who drives a DRS vehicle 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.
252 Authorised operator to tell road transport authority about records of demand responsive service vehicle drivers etc
(1) The authorised operator of a DRS must, for each person for whom the authorised operator has a record under section 251 (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 authorised operator by the road transport authority;
Note Prescribed driver authority information —see the dictionary.
(c) any change to the person's name, home address or prescribed driver authority information since the authorised operator last told the road transport authority about the information relating to the person;
(d) if the person no longer drives a DRS vehicle for the authorised operator—that the person no longer drives a DRS vehicle for the authorised operator.
(2) The authorised operator of a DRS must not fail to comply with subsection (1).
Maximum penalty: 10 penalty units.
(3) An offence against subsection (2) is a strict liability offence.
253 Road transport authority may tell authorised operator about demand responsive service drivers
(1) This section applies if—
(a) the authorised operator of a DRS has a record for a person under section 251 (1); and
(b) the authorised operator has told the road transport authority about the person under section 252 (1).
(2) The road transport authority may tell the authorised operator about the following for the person:
(a) any change in the prescribed driver authority information for the person;
Note Prescribed driver authority information —see the dictionary.
(b) if the person was the holder of a public vehicle licence authorising the person to drive a DRS vehicle 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.
254 Keeping and inspection etc of records about demand responsive service vehicles
(1) This section applies to a person who is or has been the authorised operator of a DRS vehicle.
(2) The person must—
(a) keep every record required to be made by the person under the Act for at least 4 years after the day the last entry was made in it; and
(b) produce the record for inspection when required by a police officer or authorised person; and
(c) provide the record, or a copy of the record, to the road transport authority for inspection within a stated reasonable time when required to do so, in writing, by the authority.
Maximum penalty: 10 penalty units.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(3) An offence against this section is a strict liability offence.
(4) The road transport authority, police officer or authorised person may take copies of any record produced or provided under subsection (2) (b) or (c).
(5) This section does not apply to a recording made by a security camera in a DRS vehicle.
Note For the keeping and destruction of security camera recordings, see s 264 (2).
255 Display of notice about maximum number of passengers
(1) This section applies if a DRS vehicle is a bus.
(2) The authorised operator of the DRS must display in a conspicuous position at the rear of the bus a statement, in legible text at least 25mm high, of the maximum number of seated, and the maximum number of standing, passengers the bus is permitted to carry under section 269 (5) (Maximum number of passengers in demand responsive service vehicles).
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
256 Accreditation details to be displayed on demand responsive service vehicles
(1) The authorised operator of a DRS vehicle must display on the vehicle in a position approved by the road transport authority a statement, in legible text at least 50mm high, of the name in which the operator's accreditation to operate a DRS is held and the accreditation number allocated to the operator by the authority.
Maximum penalty: 5 penalty units.
(2) An approval under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
(3) An offence against this section is a strict liability offence.
257 Advertisements for demand responsive services to display accreditation number
(1) The authorised operator of a DRS must ensure that an advertisement for the service identifies the service by the accreditation number allocated to the operator for the DRS by the road transport authority.
Maximum penalty: 10 penalty units.
Note 1 A person who falsely represents that the person is entitled to operate a DRS, commits an offence against the Act, s 92.
Note 2 For the entitlement of a person to operate a DRS, see the Act, s 90.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply to an advertisement appearing in a DRS vehicle.
Note The dictionary definition of in a vehicle includes on the vehicle.
258 Information about fares to be displayed in demand responsive service vehicle
(1) The authorised operator of a DRS vehicle must ensure that information about fares is displayed in accordance with subsection (2).
Maximum penalty: 5 penalty units.
(2) The information must be displayed inside the vehicle in a form approved by the road transport authority in a position where it can readily be read by a passenger.
(3) An offence against this section is a strict liability offence.
(4) An approval under subsection (2) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
259 Presence of security camera in demand responsive service vehicle to be indicated
(1) The authorised operator of a DRS vehicle fitted with a security camera must ensure that signs telling people that they may be under video surveillance while in or near the vehicle are conspicuously placed inside and outside the vehicle.
Maximum penalty: 5 penalty units.
Note 1 The authorised operator must also comply with any standards about security cameras in DRS vehicles, see s 303 (5).
Note 2 In collecting personal information, the authorised operator may also have to comply with the National Privacy Principles under the Privacy Act 1988 (Cwlth).
(2) An offence against this section is a strict liability offence.
260 Airconditioning of demand responsive service vehicles
(1) This section applies if a DRS vehicle is fitted with airconditioning.
(2) The authorised operator of the vehicle must ensure that the airconditioning is in good condition and fully operational.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability offence.
261 Demand responsive service vehicle livery
(1) The authorised operator of a DRS vehicle must ensure that the vehicle is fitted with signs and livery (including colours) that comply with the requirements and design approved by the road transport authority for the DRS.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) An approval under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
(4) This section applies only to something done or not done 3 months after the day this section commences.
(5) This subsection and subsection (4) expire 3 months after the day this section commences.
262 Offensive material etc in or on demand responsive service vehicles
(1) The authorised operator of a DRS vehicle must ensure that an advertisement or other document that a reasonable adult would consider indecent, insulting or offensive is not displayed in the vehicle.
Maximum penalty: 10 penalty units.
Note The dictionary definition of in a vehicle includes on the vehicle.
(2) The road transport authority, a police officer or an authorised person may direct the authorised operator of a DRS vehicle to remove an advertisement or other document that the authority, officer or person believes, on reasonable grounds, contravenes subsection (1).
(3) The authorised operator must comply with a direction under subsection (2).
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
263 Compliance with dress code of practice
(1) The authorised operator of a DRS vehicle commits an offence if—
(a) a code of practice approved under section 302 (Code of practice—dress of demand responsive service vehicle drivers) is in force; and
(b) the authorised operator allows a DRS vehicle driver to drive the vehicle; and
(c) the driver does not comply with the code of practice.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
264 Authorised operator's responsibilities for security camera recordings
(1) This section applies to the authorised operator of a DRS vehicle if the vehicle is fitted with a security camera.
(2) If a recording made by the security camera has not been given to a police officer or the road transport authority under subsection (4), the authorised operator must ensure that the recording is—
(a) kept by the authorised operator for 30 days after the day it is made; and
(b) destroyed as soon as practicable after the end of the 30-day period.
(3) An authorised operator of a DRS vehicle must comply with subsection (2).
Maximum penalty: 10 penalty units.
Note The authorised operator must also comply with any standards about security cameras in DRS vehicles, see s 303 (5).
(4) If a police officer or the road transport authority asks an authorised operator to give the police officer or authority a recording made by the security camera, the operator must comply with the request.
Maximum penalty: 10 penalty units.
(5) An authorised operator must maintain, in good condition and fully operational, equipment that can display a recording made by the security camera.
Maximum penalty: 5 penalty units.
Note The authorised operator may also have to comply with the National Privacy Principles under the Privacy Act 1988 (Cwlth) about the collection, storage, use and disclosure of the recordings.
(6) An offence against this section is a strict liability offence.
265 Authorised operators to comply with service standard for lost property
(1) This section applies to the authorised operator of a DRS vehicle who is given lost property found in or near a DRS vehicle.
(2) The authorised operator must deal with the property in accordance with the operator's accepted service standard for the handling and disposal of lost property.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
266 Effect of noncompliance notices—authorised operators
(1) This section applies to the authorised operator of a DRS vehicle if a noncompliance notice under the Act, section 120 (Attachment and removal of noncompliance notices) has been attached to the vehicle.
(2) The authorised operator commits an offence if the notice is attached to the vehicle and the authorised operator uses, or allows someone else to use, the vehicle to operate a DRS after the time of effect of the notice.
Maximum penalty: 20 penalty units.
Note 1 For the time of effect , see the Act, s 120 (2) (b).
Note 2 Unauthorised removal of a noncompliance notice is an offence (see the Act, s 120 (4)).
(3) The authorised operator commits an offence if—
(a) the authorised operator uses, or allows someone else to use, the vehicle to operate a DRS after the time of effect of the notice; and
(b) the authorised operator knows the notice has been removed otherwise than in accordance with the Act, section 120.
Maximum penalty: 20 penalty units.
(4) Strict liability applies to subsections (2) and (3) (a).
(5) This section does not apply to the authorised operator if a police officer or authorised person has directed under the Act, section 120 that the notice be taken to have been removed.
Division 6.2.3 Demand responsive service vehicle drivers
Note For the licensing of DRS vehicle drivers, see the Road Transport (Driver Licensing) Regulation 2000 .
267 Requirements about demand responsive service vehicle drivers stopping for passengers
(1) A DRS vehicle driver must stop the vehicle and drop off a passenger at a place if the passenger indicates to the driver that the passenger wishes to get off the vehicle at the place.
Maximum penalty: 5 penalty units.
(2) A DRS vehicle driver must stop the vehicle and pick up a person at a place if the person indicates to the driver that the person wishes to get on the vehicle at the place.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
(4) Subsections (1) and (2) do not apply if stopping the vehicle to drop off or pick up a passenger would—
(a) be at a bus stop where the vehicle is not authorised to stop; or
(b) be unlawful; or
(c) be, in the driver's opinion, unsafe; or
(d) be in a place that is not within the scope of the operation of the DRS; or
(e) contravene any of the following provisions:
• section 269 (Maximum number of passengers in demand responsive service vehicles)
• section 272 (Restrictions on carriage of goods in demand responsive service vehicles) if the driver picked up the person
• section 297 (Demand responsive service vehicle passengers—soiled clothing etc)
• section 298 (Intoxicated demand responsive service vehicle passengers).
(5) However, subsection (4) (b) does not apply if the DRS vehicle driver stops the vehicle at a place (the preferred place ) where stopping the vehicle would otherwise be unlawful if—
(a) the driver is dropping off or picking up a person with a significant disability that affects the person's mobility; and
(b) there is no other place near the preferred place where the driver can lawfully and safely drop off or pick up the person; and
(c) stopping the vehicle in the preferred place is, in the driver's opinion, safe.
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 the regulation, 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).
(6) In this section:
"authorised to stop", at a bus stop, for a DRS vehicle, means a bus stop that the DRS vehicle is authorised to stop at under an authority under section 305 (1) (DRS vehicles—bus stop and bus zone authorities).
268 Where demand responsive service vehicle drivers must stop on a road
(1) If a DRS vehicle driver stops on a road or road related area to drop off or pick up a passenger, the driver must stop parallel to, and as close as practicable to, the side of the road or area.
Maximum penalty: 5 penalty units.
(2) An offence against subsection (1) is a strict liability offence.
269 Maximum number of passengers in demand responsive service vehicles
(1) This section applies if a DRS vehicle is a bus.
(2) A DRS vehicle driver must not, at any time—
(a) carry in the bus more passengers, whether seated or standing, that the total number of passengers permitted to be carried in the bus; or
(b) carry in the bus more passengers seated than the number of passengers permitted to be carried seated in the bus; or
(c) carry in the bus more passengers standing than the number of passengers permitted to be carried standing in the bus.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
(4) For subsection (2), in working out the number of passengers being carried, the following people are not to be taken into account:
(a) any child apparently under 5 years old who is being carried on the lap of a seated passenger;
(b) every 3rd child, whether seated or standing, who is apparently under 12 years old unless the child is seated on a seat designed (either by way of fixed armrests or seating contours for individual passengers) so that it is impracticable for the seat to be used by more than the number of passengers for which it is designed.
(5) The number of passengers who are permitted to be carried seated, or are permitted to be carried standing, in the bus is—
(a) if the bus is registered under the Road Transport (Vehicle Registration) Act 1999 —the number notified (or last notified) to the authorised operator by the road transport authority; or
(b) if the bus is registered under the law of another jurisdiction that corresponds to the Road Transport (Vehicle Registration) Act 1999 —the number permitted to be carried by the bus under that law.
270 Wheelchair passengers in demand responsive service vehicles
(1) This section applies in relation to a DRS vehicle if the vehicle has wheelchair access and has passenger seating positions fitted with seatbelts.
(2) The DRS vehicle driver must not carry a wheelchair in the vehicle if the wheelchair is not safely and securely attached to the vehicle.
Maximum penalty: 10 penalty units.
Note The dictionary definition of in a vehicle includes on the vehicle.
(3) The DRS vehicle driver must not carry a person in the vehicle while the person is seated in a wheelchair.
Maximum penalty: 10 penalty units.
(4) Subsection (3) does not apply if—
(a) the wheelchair cannot travel faster than 10km/h on level ground; and
(b) the wheelchair is not in another vehicle (for example, a motorised tricycle) while the wheelchair is in the DRS vehicle; and
(c) if a seatbelt is provided for the position where the wheelchair is attached—the person is wearing the seatbelt.
Note An example is part of the regulation, 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).
(5) However, subsection (4) (c) does not apply if the person is exempt under a territory law from wearing a seatbelt.
Note 1 A passenger in a motor vehicle (other than a bus), including a person in a wheelchair, must wear a suitable child restraint or a seatbelt if one is available unless the person is exempt from wearing a seatbelt (see Road Transport (Safety and Traffic Management) Regulation 2000 , s 23B and Australian Road Rules, r 265 and r 266).
Note 2 For exemptions from wearing a seatbelt, including for medical reasons, see the Road Transport (Safety and Traffic Management) Regulation 2000 , s 25 and the Australian Road Rules, r 267.
Note 3 A person who is exempt from wearing a seatbelt and who is a passenger in a motor vehicle with 2 or more rows of seats must not sit in the front row of seats (see Australian Road Rules, r 267 (1)).
(6) Despite subsection (4) (a), the DRS vehicle driver must not carry a person in the vehicle while the person is seated in a motorised wheelchair of a kind known as, or that is similar to, a scooter or tricycle.
Maximum penalty: 10 penalty units.
(7) The DRS vehicle driver must provide reasonable assistance in loading and unloading a wheelchair, or a person in a wheelchair, into or from the vehicle.
Maximum penalty: 10 penalty units.
(8) An offence against this section is a strict liability offence.
271 Responsibilities of demand responsive service vehicle drivers for security cameras
(1) This section applies to a DRS vehicle driver if the vehicle is fitted with a security camera.
(2) The driver must—
(a) at the beginning of each shift of the driver , check whether the security camera is operating; and
(b) if the camera is not operating—tell the authorised operator of the DRS vehicle that the camera is not operating.
Maximum penalty: 5 penalty units.
Note The DRS vehicle driver must also comply with any standards about security cameras in DRS vehicles, see s 303 (5).
(3) An offence against this section is a strict liability offence.
272 Restrictions on carriage of goods in demand responsive service vehicles
(1) A DRS vehicle driver must not allow anyone to place or carry a thing in the DRS vehicle if, because of its size or dimensions, the thing cannot be carried in the vehicle without inconvenience or danger to anyone.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if the person has a disability and the thing is used by the person to alleviate the effect of the disability.
273 Responsibility of demand responsive service vehicle drivers for lost property
(1) This section applies to a DRS vehicle driver if the driver finds lost property in the vehicle or is given lost property under section 301 (Lost property found by demand responsive service vehicle passengers).
(2) The driver must give the property to—
(a) its owner; or
(b) if the owner cannot be identified—the authorised operator of the vehicle as soon as practicable (but within 24 hours) after finding or being given the property.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
274 Behaviour of demand responsive service vehicle drivers generally
(1) A DRS vehicle driver must not—
(a) solicit for passengers; or
(b) move the vehicle while a door is open; or
(c) start or stop the vehicle in a way that subjects a passenger or anyone else to unnecessary risk of injury.
Maximum penalty: 10 penalty units.
Note 1 A DRS vehicle driver may not smoke in the DRS vehicle (see Smoke-free Areas (Enclosed Public Places) Act 1994 ).
Note 2 A DRS vehicle driver must also comply with any standards about security cameras in DRS vehicles, see s 303 (5).
(2) An offence against this section is a strict liability offence.
275 Dress and conduct of demand responsive service vehicle drivers
(1) A DRS vehicle driver must—
(a) be clean and tidy; and
(b) behave in an orderly way and with politeness and propriety towards every passenger, police officer and authorised person and other road users.
Maximum penalty: 5 penalty units.
(2) If a code of practice approved under section 302 (Code of practice—dress of demand responsive service vehicle drivers) is in force, a DRS vehicle driver must comply with the code of practice.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
276 Responsibility of drivers for condition of demand responsive service vehicle
(1) A DRS vehicle driver must ensure that the vehicle is clean and tidy.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
277 Drivers to remain in vehicle
(1) This section applies if a DRS vehicle is a bus.
(2) A DRS vehicle driver must not leave the driver's seat of the bus during a journey of the bus.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
(4) Subsection (2) does not apply if the driver has a reasonable excuse.
278 Passengers not to be carried on certain parts of a demand responsive service vehicle
(1) This section applies if a DRS vehicle is a bus.
(2) A DRS vehicle driver must not allow a passenger—
(a) to enter the driver's compartment (if any) of the bus; or
(b) to occupy the driver's seat or a part of the driver's seat.
Maximum penalty: 5 penalty units.
(3) A DRS vehicle driver must not, while the bus is moving, allow a passenger—
(a) on a part of the bus not designed to carry passengers; or
(b) on a part of the bus beside or in front of the driver's seat.
Maximum penalty: 5 penalty units.
(4) An offence against this section is a strict liability offence.
(5) Subsection (3) (b) does not apply in relation to a passenger occupying a seat beside the driver that is designed for a passenger.
(6) Without limiting subsection (2), the parts of a bus not designed to carry passengers include the roof, steps and footboard.
279 Effect of noncompliance notices—demand responsive service vehicle drivers
(1) This section applies to the driver of a DRS vehicle if a noncompliance notice under the Act, section 120 (Attachment and removal of noncompliance notices) has been attached to the vehicle.
(2) The driver commits an offence if the notice is attached to the vehicle and the driver uses, or allows someone else to use, the vehicle to operate a DRS after the time of effect of the notice.
Maximum penalty: 20 penalty units.
Note 1 For the time of effect , see the Act, s 120 (2) (b).
Note 2 Unauthorised removal of a noncompliance notice is an offence (see the Act, s 120 (4)).
(3) The driver commits an offence if—
(a) the driver uses, or allows someone else to use, the vehicle to operate a DRS after the time of effect of the notice; and
(b) the driver knows the notice has been removed otherwise than in accordance with the Act, section 120.
Maximum penalty: 20 penalty units.
(4) Strict liability applies to subsections (2) and (3) (a).
(5) This section does not apply to the driver if a police officer or authorised person has directed under the Act, section 120 that the notice be taken to have been removed.
Division 6.2.4 Demand responsive service tickets
280 Validity of demand responsive service tickets
(1) A DRS ticket is valid for travel only for the journey or journeys for which it is issued.
(2) A DRS ticket transferred in contravention of section 282 (Demand responsive service tickets not transferable) is not a valid ticket.
Note The dictionary defines DRS ticket as meaning anything issued by or on behalf of the authorised operator of a DRS for the purpose of authorising a person to travel in a DRS vehicle.
281 Valid demand responsive service ticket required for travel
(1) A person must not travel in a DRS vehicle if the person does not hold a valid DRS ticket for the travel.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if the person has a reasonable excuse.
(4) For subsection (1), if a DRS vehicle uses automatic equipment to read or record any details in a DRS ticket, a ticket may be validated—
(a) for equipment that is operated by inserting a ticket into the equipment—by putting the ticket into the automatic equipment in accordance with any instructions provided by the authorised operator; or
(b) for equipment operated by passing a ticket near the equipment—by passing the ticket near the equipment in accordance with any instructions provided by the authorised operator.
Example of ticket inserted into automatic equipment
a DRS ticket with a magnetic strip
Example of ticket passed near automatic equipment
a DRS ticket with a microchip
Note An example is part of the regulation, 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).
282 Demand responsive service tickets not transferable
(1) A person who is issued with a DRS ticket must not transfer (or offer to transfer) the ticket, or a part of the ticket, to someone else.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if—
(a) the ticket was bought for the other person; or
(b) the transfer is authorised by the authorised operator of the DRS.
283 Damaged or changed demand responsive service tickets not to be used
(1) A person must not travel in a DRS vehicle using a DRS ticket if the ticket has been—
(a) damaged or defaced in a material respect; or
(b) changed in a material particular.
Maximum penalty: 5 penalty units.
Examples of a DRS ticket damaged or defaced in a material respect—par (a)
1 If the ticket has a magnetic strip or microchip, the ticket cannot be read or recorded by the automatic equipment used by a DRS vehicle to read or record any details in the ticket.
2 The information shown on the ticket by, or with the authorisation of, the authorised operator of the DRS for which the ticket is issued is missing or cannot be readily read.
Examples of a DRS ticket changed in a material particular—par (b)
1 The information shown on the ticket by, or with the authorisation of, the authorised operator of the DRS for which the ticket is issued has been changed or deleted without the authorised operator's authorisation.
2 If the ticket has a magnetic strip or microchip, the information recorded in the magnetic strip or microchip by, or with the authorisation of, the authorised operator of the DRS for which the ticket is issued, has been changed or deleted without the authorised operator's authorisation.
Note An example is part of the regulation, 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).
(2) An offence against this section is a strict liability offence.
284 Concession tickets for demand responsive service vehicles
(1) A person must not travel in a DRS vehicle using a concession ticket if the person is not entitled to use the concession ticket.
Maximum penalty: 5 penalty units.
(2) A DRS vehicle driver, police officer or authorised person may require a person who uses (or attempts to use) a concession ticket to travel on a DRS vehicle to produce satisfactory evidence (for example, a student or pensioner concession card) that the person is entitled to use the ticket to travel on the vehicle.
Note An example is part of the regulation, 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).
(3) A person must not fail to comply with a requirement under subsection (2).
Maximum penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
(5) A person may not be prosecuted for offences against both subsection (1) and subsection (3) in relation to the same journey.
(6) For this section, a person is entitled to use a concession ticket for travel on a DRS if the authorised operator of the service has authorised the person to use the concession ticket.
(7) A person must not provide a document containing information that is false, misleading or incomplete in a material particular—
(a) in relation to an application for a concession ticket; or
(b) in purported compliance with a requirement under subsection (2).
Maximum penalty: 20 penalty units.
(8) A person must not in or in relation to an application for a concession ticket or in purported compliance with a requirement under subsection (2)—
(a) state anything that is false or misleading in a material particular; or
(b) omit from a statement anything without which the statement is misleading in a material particular.
Maximum penalty: 20 penalty units.
(9) In this section:
"concession ticket" means a DRS ticket issued free or at a reduced fare.
(10) An offence against this section is a strict liability offence.
285 Inspection and processing of demand responsive service tickets
(1) A person who is in a DRS vehicle must make the person's DRS ticket available for inspection or processing by an authorised person on the authorised person's request.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
Division 6.2.5 Conduct of demand responsive service vehicle passengers
286 Conduct of people in demand responsive service vehicles generally
(1) A person in a DRS vehicle must not unreasonably interfere with the comfort or safety of anyone else.
Maximum penalty: 5 penalty units.
(2) Without limiting subsection (1), a person unreasonably interferes with the comfort or safety of someone else if the person—
(a) puts a foot on a seat; or
(b) spits; or
(c) uses offensive language; or
(d) behaves offensively; or
(e) uses a wheeled recreational device within the meaning of the Australian Road Rules, dictionary.
Note A person is not allowed to smoke on a DRS vehicle (see Smoke-free Areas (Enclosed Public Places) Act 1994 ).
(3) An offence against this section is a strict liability offence.
287 Demand responsive service vehicle seats for older people and people with disabilities
(1) A person commits an offence if—
(a) the authorised operator of a DRS has, by a notice in a DRS vehicle—
(i) set aside seats (a designated seat ) for older people or people with a disability (a designated person ); and
(ii) specified the people who may use the seats; and
(b) the person occupies or continues to occupy a designated seat if a designated person is standing or indicates that the person wishes to use the seat.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply to a designated person.
288 Drinking of liquor in demand responsive service vehicles generally prohibited
(1) A person must not drink, or be in possession of an open container of, liquor in a DRS vehicle.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if the liquor is supplied in the vehicle by, or with the permission of, the authorised operator of the DRS.
289 Eating and drinking in demand responsive service vehicles
(1) A person must not eat or drink in a DRS vehicle (or part of a DRS vehicle) if eating and drinking in the vehicle (or part of the vehicle) is prohibited by a notice displayed in the vehicle.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if the person is eating or drinking—
(a) with the permission of the authorised operator of the DRS; or
(b) for medical reasons.
Note A person is not allowed to smoke in a DRS vehicle (see Smoke-free Areas (Enclosed Public Places) Act 1994 ).
290 Getting on and getting off demand responsive service vehicles
(1) A person must not get on or off a DRS vehicle—
(a) while the vehicle is moving; or
(b) through a window of the vehicle (including a window used as an emergency exit) or a roof hatch (if any).
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if the person has a reasonable excuse.
291 No interference with demand responsive service vehicle equipment
(1) A person must not—
(a) interfere with equipment attached to or forming part of a DRS vehicle; or
(b) block a door in a DRS vehicle; or
(c) open a locked door in a DRS vehicle; or
(d) open an unlocked door in a DRS vehicle while the vehicle is moving; or
(e) interfere with an automatically operated door in a DRS vehicle.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if a person has a reasonable excuse.
292 Throwing objects in or from demand responsive service vehicles
(1) A person must not throw anything in or from a DRS vehicle.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
293 Travel not allowed on certain parts of demand responsive service vehicle
(1) This section applies if a DRS vehicle is a bus.
(2) A passenger on the bus must not—
(a) enter the driver's compartment (if any) of the bus; or
(b) occupy the driver's seat or a part of the driver's seat.
Maximum penalty: 5 penalty units.
(3) A passenger must not, while the bus is moving—
(a) be on a part of the bus not designed to carry passengers; or
(b) be on a part of the bus beside or in front of the driver's seat.
Maximum penalty: 5 penalty units.
(4) An offence against this section is a strict liability offence.
(5) Subsection (3) (b) does not apply in relation to a passenger occupying a seat beside the driver that is designed for use by a passenger.
(6) Without limiting subsection (3), the parts of a bus not designed to carry passengers include the roof, steps and footboard.
294 Property not to be removed from demand responsive service vehicles
(1) A person must not remove from a DRS vehicle property of the authorised operator of the vehicle.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply to the authorised operator of the vehicle, a police officer or an authorised person.
295 No littering in demand responsive service vehicles
(1) A person must not deposit, in a DRS vehicle, litter or anything that may endanger a person or property.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply to litter or a thing placed in a container provided in the vehicle for the collection of litter.
296 Carriage of animals in demand responsive service vehicle s
(1) A person must not take an animal onto a DRS vehicle without the driver's permission.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if—
(a) the person has a disability and is accompanied by an animal trained to help the person to alleviate the effect of the disability; or
(b) the person is training an animal to help to alleviate the effect of a disability.
Note If a person is treated unfavourably because the person is accompanied by an animal trained to help the person alleviate the effect of a disability, the person is discriminated against (see Discrimination Act 1991 , s 9).
297 Demand responsive service vehicle passengers—soiled clothing etc
(1) A DRS vehicle driver, police officer or authorised person may direct a person not to get into, or to get out of, a DRS vehicle if the driver, police officer or authorised person believes, on reasonable grounds, that—
(a) the person, the person's clothing or goods (or anything else on or carried by the person) may soil or damage the vehicle or the clothing or goods of someone else; or
(b) any of the person's goods cannot, because of their size or dimensions, be carried in the vehicle without inconvenience or danger to someone else.
(2) A person must comply with a direction given to the person under subsection (1).
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
(4) Subsection (1) (b) does not apply to anything used by a person with a disability to alleviate the effect of the disability.
298 Intoxicated demand responsive service vehicle passengers
(1) A DRS vehicle driver, police officer or authorised person may direct a person not to get into, or to get out of, a DRS vehicle if the driver, police officer or authorised person believes, on reasonable grounds, that the person—
(a) is under the influence of liquor or a drug; and
(b) is causing, or is likely to cause, a nuisance or annoyance to someone else.
(2) A person must comply with a direction given to the person under subsection (1).
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
299 Offender to get out of demand responsive service vehicle when directed
(1) A DRS vehicle driver, police officer or authorised person may direct a person to get out of a DRS vehicle if the driver, police officer or authorised person believes, on reasonable grounds, that the person is committing, or has just committed, an offence against this division or division 6.2.4 (Demand responsive service vehicle tickets).
(2) A person must comply with a direction given to the person under subsection (1).
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
300 Removal of people from demand responsive service vehicles
A person who fails to comply with a direction under this division to get out of a DRS vehicle may be removed from the vehicle by a police officer.
301 Lost property found by demand responsive service vehicle passengers
(1) A person who finds something in a DRS vehicle must return it to its owner or give it to the DRS vehicle driver, the authorised operator of the vehicle, a police officer or an authorised person.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
Division 6.2.7 Other matters relating to demand responsive services
302 Code of practice—dress of demand responsive service vehicle drivers
(1) The road transport authority may approve a code of practice for the dress of DRS vehicle drivers.
(2) The approval of a code of practice under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
303 Standards about security cameras in demand responsive service vehicles
(1) The road transport authority may approve standards in relation to security cameras in DRS vehicles.
(2) A standard may make provision in relation to security cameras in DRS vehicles, including, for example—
(a) when security cameras may be installed; and
(b) the kinds of security cameras that may be installed; and
(c) the position of security cameras; and
(d) the operation of security cameras; and
(e) requirements about notices to be included in a vehicle that has a security camera installed.
Note 1 The Privacy Act 1988 (Cwlth) imposes obligations on some private sector organisations in relation to the collection, storage, use and disclosure of personal information collected about an individual.
Note 2 An example is part of the regulation, 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).
(3) An approval under subsection (1) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4) A standard may apply, adopt or incorporate (with or without change) an instrument, or a provision of an instrument, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the Legislation Act.
(5) A person must not contravene a standard approved under subsection (1).
Maximum penalty: 20 penalty units.
(6) An offence against this section is a strict liability offence.
304 Interference with demand responsive service vehicle security cameras and recordings
(1) A person must not, without lawful authority or excuse, interfere with a security camera in a DRS vehicle.
Maximum penalty: 20 penalty units.
(2) A person must not change or otherwise interfere with a recording made by a security camera in a DRS vehicle.
Maximum penalty: 20 penalty units.
Note For the destruction of recordings, see s 264.
(3) An offence against this section is a strict liability offence.
305 DRS vehicles—bus stop and bus zone authorities
(1) The road transport authority may give the authorised operator of a DRS an authority for DRS vehicles used to operate the service to stop at a stated bus stop or in a stated bus zone.
(2) An authorisation is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.