Legislative requirements for operating a public passenger vehicle

Questions

Answers

When is the driver of a public passenger vehicle required to carry an Ancillary Certificate to drive a Public Passenger Vehicle?

A driver must carry their Ancillary Certificate at all times that the vehicle is being used for its intended purpose. This applies whether passengers are in the vehicle or not. (For example, the driver of a taxi standing on a taxi rank must carry their Ancillary Certificate).

Is smoking permitted in a public passenger vehicle?

No. It is an offence for the driver or passengers to smoke in a public passenger vehicle.

What is a driver permitted to do if a passenger is doing something which they believe may endanger the safety of the vehicle or another person?

A driver may stop the vehicle and direct the passenger to leave the vehicle, and/or request the passenger to state his or her name and address.

There are offences that apply to the driver of a public passenger vehicle. Name these:

The driver of a public passenger vehicle:

• shall not refuse a hiring without lawful excuse;
• shall not threaten, harass or attempt to intimidate a passenger;
• shall not have any alcohol in their body while in charge of the vehicle;
• must not stand or park a vehicle to pick up or set down passengers in such a way as to create an unreasonable risk to other road users;
• must not drive any vehicle with any luggage not being safely stowed.

How does a driver show that they are operating a public passenger vehicle that has passed the regular inspections required by law?

A vehicle inspection label must be affixed and kept affixed to the vehicle by the person to whom it is issued. It is an offence for the registered operator to use or permit the use of a public passenger vehicle which is not under current inspection.

What is the maximum number of hours, in a period of 24 hours, a person can drive a bus with a seating capacity of 13 or more, including the driver?

12 hours

Are passengers permitted to stand in a bus?

Passengers are permitted to stand provided:

• that there is only one person for every 1600 square cm of floor space;
• they do not obstruct an entrance or exit nor cause danger or discomfort to another passenger;
• the distance between the roof and the floor of the vehicle is 1.7 m or over;
• the aisle is over 380 mm wide and a holding device is provided for each standing passenger.

What is the maximum legal Blood Alcohol Content (BAC) for the driver of a public passenger vehicle?

Nil.

Is the driver of a taxi, luxury hire car or restricted hire vehicle permitted to approach a person in the street to make it known that his/her vehicle is available for hire?

No. It is an offence to solicit passenger trade for a motor vehicle on a public street.

Is the driver of a luxury hire car or restricted hire vehicle permitted to stand the vehicle on a public street?

No. A person must not stand or park a luxury hire car or restricted hire vehicle on a public street unless it is:

• picking up passengers who have pre-booked the vehicle;
• dropping off passengers;
• about to commence a tour; or
• displaying a sign bearing the words “not for hire”.

Is the driver of a taxi permitted to stand the vehicle on a public street?

No. A person must not stand or park a taxi on a public street unless it is:

• standing   on a taxi rank;
• picking up passengers who have pre-booked the vehicle;
• dropping off passengers;
• about to commence a tour; or
• displaying a sign bearing the words “not for hire”.

Is a luxury hire car or restricted hire vehicle permitted to stand on a taxi rank?

No. Only a taxi that is operating under the authority of a taxi licence for the area may stand on a taxi rank in that area.

Can the driver of a small passenger vehicle carry paying passengers if the vehicle is not a taxi, luxury hire car or restricted hire vehicle?

Only if the vehicle is providing a service that is not available to the general public and/or is not operated as a commercial transport service. For example, non-commercial transport, services that are restricted to clearly defined groups (such as nursing home clients), incidental transport (such as toy trains).

What services may a restricted hire vehicle undertake?

Restricted hire vehicles operating specific RHV services may be hired out for:

• weddings;
• funerals;
• school, college or university balls, formals or leavers functions; and
• tours.
• Restricted hire vehicles operating general RHV services may be hired out for any purpose, provided that the service is pre-booked.