Transport Operations (Passenger Transport) Act 1994 - Queensland

Service summary

The object of this legislative Instrument is to achieve the provision of the best possible public passenger transport at reasonable cost to the community and government, keeping government regulation to a minimum. The Act recognises that market entry restrictions may be needed in the public interest.

The Act regulates the operation and provision of certain public passenger services in Queensland including:

  • general route services
  • school bus services
  • long distance bus services
  • charter bus services
  • tourist services
  • taxi services
  • administration of taxi services (i.e. taxi booking companies)
  • limousine services
  • courtesy transport services
  • community transport services
  • accommodation transfer services
  • tourist transfer services
  • air services
  • ferry services

The Act requires most operators of road-based public passenger services to be accredited and their drivers authorised before providing a service.  Some public passenger services may be exempt from these requirements.

In certain circumstances service licences or service contracts may be required.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Bus

a motor vehicle with seating capacity for 9 or more passengers (excluding the driver).

Community transport service

a public passenger service funded or subsidised out of public money or by a charity and provided for the benefit of a particular group.

Courtesy transport service

a public passenger service provided, free of charge, by an entity using a vehicle owned or leased by the entity for customers, clients or students of the entity.

General route service

a scheduled passenger service available to the public for general purposes; or a scheduled passenger service available to any person if the person pays a subscription or a membership fee that is paid principally for the service.

Limousine service

an unscheduled public passenger service provided by a luxury motor vehicle or special purpose limousine where the fare for a journey is decided before the journey begins.

Operator

a person carrying on the business of providing a public passenger service, and includes a person carrying on the business of administering a taxi service and the lessor of a limousine service licence or taxi service licence.

Public passenger service

A service for the carriage of passengers if:

  • the service is provided for fare or other considerations; or
  • the service is provided in the course of a trade or business (but not if it is provided by an employer solely for employees); or
  • the service is a courtesy or community transport service, and includes a driver service and a service for the administration of taxi services but does not include a service excluded from the Act by regulation.
Public passenger vehicle

any of the following vehicles used to transport members of the public: a bus, ferry, taxi, fixed track vehicle, aircraft, limousine or any other vehicle classified as a public passenger vehicle by regulation.

Scheduled passenger service

A public passenger service:

  • conducted on a route in accordance with a timetable for the service; or
  • conducted on a route that forms a circle or loop (commonly called a 'loop service'); or
  • conducted on a continuous basis between 2 points (commonly called a 'shuttle service'); or
  • under which the vehicle used may, at the request of individual passengers, deviate from the usual route from time to time (commonly called a 'route deviation service'); or
  • under which the actual route to be traversed may vary within a corridor or zone at the request of individual passengers each time the service operates (commonly called a 'dial and ride service').
School service

a scheduled passenger service only, or primarily, for the transport of school students to and from school (other than for school excursions) on days that schools are open for instruction.

Taxi service

a public passenger service, other than an excluded public passenger service, provided by a motor vehicle under which the vehicle

  1. is able, when not hired, to be hailed for hire by members of the public; or
  2. provides a demand responsive service under which members of the public are able to hire the vehicle through electronic communication; or
  3. plies or stands for hire on a road.
Tourist service

A pre-booked public passenger service operated in accordance with a publicly available itinerary:

  • for all services a common scenic or tourist attraction; or
  • if the service is not wholly within a service contract area or route, a major sporting or cultural event.

Lodgement

Comply

Authorised persons appointed under the Act monitor compliance with its provisions.

Breaches of the Act and Regulation may incur fines.  An accreditation, authorisation, service licence or service contract may also be amended, suspended or cancelled.

Penalties for individual offences are set out in the Act and Regulation.


Publications Details

Information bulletins are available through the offices of the Department of Transport and Main Roads or via the department's website: www.tmr.qld.gov.au


Appeal

Appeal process

Lodgement

An application for a review of an administrative decision relating to a licence, accreditation or authorisation (among other things) may be heard by an internal review panel.

A subsequent appeal may be made to the Queensland Civil and Administrative Tribunal as specified in the Act.


Administering agency

Department of Transport and Main Roads
TransLink Division
Policy and Legislation Unit

Regulation(s) name

Transport Operations (Passenger Transport) Standard 2010 (Queensland)

Transport Operations (Passenger Transport) Regulation 2005 (Queensland)

Contact details

Department of Transport and Main Roads
TransLink Division
Policy and Legislation Unit

Mailing address:
GPO Box 50
Brisbane, Queensland 4001

Phone:

13 QGOV or 137468

Website:

Department of Transport and Main Roads Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.