Personal Private UsePersonal 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). Click here to [close]
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Incidental passenger service
In this section private car-pooling arrangement means
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Manufactured seating capacityA 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. Click here to [close]
Transport ConcernA 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. Click here to [close] Note - this tool is not available for the assessment of Hire and Drive services. For more information on these services please go to Information for industry and operators. Important disclaimer and agreed terms of useThe 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:
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