A passenger transport service is not available to the general public if the service is only available to a group, organisation, category or class of persons which can be clearly identified as such by way of common membership, purpose or undertaking with or without the operator of the passenger transport service in question.
A passenger service is taken to be a transport concern if it is operated by a business or undertaking
as its sole activity; or
as one of its main activities; or
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
In determining whether a particular passenger service is primarily a transport concern, the Commission may have regard to
whether passenger transport is the primary or main focus of the service operator; and
whether the service has more of a commercial focus (being perated 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
whether the service operator advertises or presents itself as, or in any other way purports to be, a passenger transport entity; and
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
whether the service operator could still engage in its main or primary activities without operating the service, directly or at all; and
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
the scale, frequency and nature of the service and the scale and nature of associated materiel, equipment and facilities; and
relevant motor vehicle ownership and leasing arrangements; and
the antecedents of the service operator and, if applicable, the nature of any relevant business, or corporate, relationships; and
such other factors as the Commission reasonably considers relevant.
The purpose of this online tool is to provide general assistance in relation to understanding whether an ancillary certificate is required for drivers of particular services.
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 driver licensing requirements of the Vehicle and Traffic Act 1999.
Users of the website 'tool' acknowledge and agree that the tool is made available for use subject to the following terms and conditions:
Users of the website tool agree to use the tool entirely at their own risk.
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.
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.
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.
Information derived from the use of the website tool may become out of date, inaccurate or incomplete if a user's circumstances change.
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.
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.
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.
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.