Department of State GrowthTransport

Operator Accreditation - Self Assessment Tool

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Personal Private Use

Personal private use, of a motor vehicle, means its use by an individual to carry members of the individual's family, or friends of the individual's family (even if any such passenger makes, or offers or is asked to make, some contribution towards the transport costs or does, or offers, or is asked, to do, some of the driving).

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The Operator Accreditation Tool is only available for use if the terms of use are agreed to.

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Pay a fare

Fare includes any form of financial consideration.

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Incidental passenger service

  1. the carriage of persons under a private car-pooling arrangement; or
  2. the carriage of persons in or on a motorised buggy or similar specialised vehicle within the precincts of
    1. a golf course, sports ground or other sporting venue; or
    2. a tourist attraction; or
    3. an hotel; or
    4. an industrial complex; or
    5. an aerodrome; or
  3. the carriage of passengers in or on a motor vehicle that is configured as, and being used solely as, a novelty vehicle such as a "toy train" in a public park or a float in a Christmas parade or other community pageant; or
  4. the carriage of persons in prescribed motor vehicles or by prescribed persons or prescribed passenger services or in prescribed circumstances.

In this section private car-pooling arrangement means

  1. an arrangement whereby several individuals travel together in one small passenger vehicle on a journey, on the basis that they will share the transport costs or driving duties, or both; or
  2. an arrangement whereby several individuals agree to transport one another in each other's small passenger vehicle, turn and turn about over a given period, correspondingly apportioning transport costs, for the purpose of commuting to work or to a regular sporting, recreational or other activity of common interest; or
  3. an arrangement analogous to an arrangement referred to in paragraph (a) or (b)

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Manufactured seating capacity


A motor vehicle is taken always to have the number of seats it had when originally manufactured, regardless of whether any of those seats has been -

(a) permanently or temporarily removed from the motor vehicle; or
(b) permanently or temporarily converted to or adapted to another use.
   (2) However, if, as a result of a modification, a motor vehicle has more seats than it had when originally manufactured as determined under subsection (1), then, for the purposes of this Act, the motor vehicle is taken to have, after the modification, that higher number of seats.
   (3) For the purposes of this Act -
seat, of a motor vehicle, includes -
(a) the driver's seat; and
(b) an individual seating position on a bench seat; and
(c) a demountable seat (being a seat that is so designed and constructed as to be capable of being readily removed from the motor vehicle without the need to structurally alter the motor vehicle); and
(d) a modifiable seat (being a seat that is so designed and constructed as to be capable of being readily retracted, collapsed or folded away when not in use or of being readily converted or adapted to another use such as a sofa, bed or storage); and
(e) a seat that, to be used, requires the temporary retraction, collapsing or folding-away of a moveable console or armrest; and
(f) a position or space on the floor of the vehicle that is purposely designed or adapted to accommodate, or is dedicated or reserved for the use of, a wheelchair.

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Transport Concern


A person is taken to operate a passenger transport service if -

(a) the person operates a manned small passenger vehicle on a public street for the purpose of carrying passengers, where -
  (i) the passengers, or any of them, have to pay a fare; and
  (ii) the passenger service so provided is available to any member of the general public and a transport concern; or
(b) the person operates a manned large passenger vehicle on a public street for the purpose of carrying passengers, regardless of whether -
  (i) the passengers, or any of them, have to pay a fare; or
  (ii) the passenger service so provided is available to any member of the general public or a transport concern.

(2) To avoid doubt, it is immaterial for the purposes of subsection (1) whether -
(a) the driver of the small passenger vehicle or large passenger vehicle is the service operator or an employee or agent of the service operator; or
(b) at any particular stage of the journey, the small passenger vehicle or large passenger vehicle is actually carrying any passengers.

(3) For the purposes of subsection (1), a passenger service is taken to be a transport concern if it is operated by a business or undertaking -
(a) as its sole activity; or
(b) as one of its main activities; or
(c) as an integral and indispensable component of its sole activity or one of its main activities, not merely as an incidental, occasional or dispensable adjunct to that activity.

(4) Any question or dispute as to whether a particular passenger service is a transport concern is to be determined by the Commission, and the determination is binding.
(5) In determining whether a particular passenger service is primarily a transport concern, the Commission may have regard to -
(a) whether passenger transport is the primary purpose or main focus of the service operator; and
(b) whether the service has more of a commercial focus (being operated for profit in its own right) or a goodwill focus (being provided as a courtesy for the patrons or guests of the service operator, and where no charge is made for the service itself); and
(c) whether the service operator advertises or presents itself as, or in any other way purports to be, a passenger transport entity; and
(d) whether the service operator advertises or presents the service as a dedicated passenger transport service or as a service that is ancillary to another activity; and
(e) whether the service operator could still engage in its main or primary activities without operating the service, directly or at all; and
(f) the scale and value of the resources used for the service relative to those used for other activities, if any, of the service operator; and
(g) the scale, frequency and nature of the service and the scale and nature of associated materiel, equipment and facilities; and
(h) relevant motor vehicle ownership and leasing arrangements; and
(i) the antecedents of the service operator and, if applicable, the nature of any relevant business, or corporate, relationships; and
(j) such other factors as the Commission reasonably considers relevant.

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Note - this tool is not available for the assessment of Hire and Drive services. For more information on these services please go to www.transport.tas.gov.au/operator_information

Important disclaimer and agreed terms of use

The website tool has been developed by the Crown in Right of Tasmania (the Crown) to provide general assistance in relation to understanding the accreditation and licensing requirements of the legislation

Users of the website 'tool' acknowledge and agree that the tool is made available for use subject to the following terms and conditions:

  1. Users of the website tool agree to use the tool entirely at their own risk.
  2. The information contained within the website and/or derived from the use of the website tool does not constitute the rendering of legal, professional or other advice or services by the Crown or any of its employees or agents.
  3. The website and the website tool are not a substitute for seeking appropriate legal or other professional advice in relation to the Legislation. Similarly, the website and the website tool are not a substitute for reading and understanding the Legislation.
  4. Information derived from the use of the website tool may not be accurate or complete. In particular, and without limitation, the accuracy or completeness of information derived from the use of the website tool may be adversely affected by whether a user of the website tool fully understands, and correctly answers, any or all required questions.
  5. Information derived from the use of the website tool may become out of date, inaccurate or incomplete if a user's circumstances change.
  6. A user's obligation to comply with the Legislation is not affected or limited by reliance upon the contents of the website, the website tool or information derived from the use of the website tool.
  7. The Crown does not give any warranty about the accuracy, completeness, or relevance to the user's purpose, of the contents of the website, the website tool or the information derived from the use of the website tool.
  8. The Crown does not give any warranty that the website or the website tool is free from defects including, without limitation, computer viruses or worms.
  9. The Crown, its officers, employees and agents do not accept any liability to any person (including, without limitation, a user of the website or the website tool) however arising (including, without limitation, liability for negligence) for any loss in connection with or arising out of any use of, or reliance upon, the website, the website tool or any information derived from the use of the website tool.

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Is the vehicle only used for personal private use?