NSW Passenger Transport Legislation Review

As part of the NSW Government’s plan to deliver a more integrated transport network, we are committed to collaborating with those who depend on the quality of the transport network – our customers.

Transport for NSW is carrying out a review of the laws which govern the public transport network in NSW and are seeking your comments.

NSW Premier's media announcement regarding regulation of taxi booking smart phone apps 8 April 2014

Discussion Paper - Changes to NSW Transport Laws

Transport for NSW released a discussion paper in September 2012 as part of a review of NSW Passenger Transport laws. Transport customers, businesses, community organisations and other interested parties were encouraged to examine the paper and provide views about the way transport should be governed in NSW.

Discussion Paper: Review of NSW Passenger Transport legislation (pdf 2.7MB).

The comment period closed in October 2012. Authors of the following submissions approved them to be made available on the Transport for NSW website.

Some of the above documents do not comply with Web Accessibility Guidelines, WCAG 2.0. If you require assistance accessing any of these documents, please contact PTLReview@transport.nsw.gov.au.

Please note: The comment period has closed and submissions are currently being reviewed.

Objectives of the Review

The NSW Government established the integrated transport authority, Transport for NSW in November 2011.The review of the passenger transport legislation will continue the integration of NSW transport.

The current regulatory framework for the delivery of passenger transport services is not streamlined and lacks consistency across modes.  Passenger Transport legislation in NSW includes the following instruments:

  • Passenger Transport Act 1990
  • Air Transport Act 1964
  • Air Transport Regulation 2006
  • Passenger Transport Regulation 2007
  • Rail Safety (Offences) Regulation 2008.

The purpose of the Review is to ensure that the legislative framework for providing passenger transport services supports the Government’s long term objectives for the delivery of customer focussed, integrated, safe and efficient transport services.

Structure of the Review

The review has been divided into three separate but complimentary areas of focus. They are:

  • Service Delivery – regulation/deregulation of services and licensing
  • Safety - safety regulation
  • Passenger Regulation – ticketing, revenue protection and passenger behaviour offences

The Discussion Paper provides an opportunity for you to comment on the current issues and proposed changes.

Service Delivery

Within the NSW Government’s transport vision there is a strong focus on the delivery of seamless, clean, safe and reliable passenger transport services - trains, light rail, buses, ferries, taxis and planes

The service delivery work considers the regulatory framework for the delivery of passenger transport services, taxi networks and intra-state air transport services; with a particular focus the contracting arrangements and the definitions and objectives of the Passenger Transport Act.

Safety

Transport safety is achieved through a range of laws and administrative arrangements which regulate the behaviour of drivers, the safety of vehicles and other measures such as customer education and safety campaigns.

The Passenger Transport Act provides a range of tools which support the safe delivery of passenger transport services.  This includes the contracting of passenger services, accreditation of passenger transport operators and the authorisation of drivers. 

The NSW Government also strongly supports the establishment of nationally consistent single regulating agencies and laws for rail, heavy vehicles (which include buses) and domestic commercial vessels (which include ferries).  The new national laws are due to commence early 2013.

The review is looking at the manner in which NSW laws address these issues and priorities as well as consistency across modes.

Passenger Transport Regulation

This work is focused on the review of ticketing, revenue protection and passenger behaviour offences on public transport. Currently these provisions are captured in two separate regulations, the Passenger Transport Regulation 2007 that covers ferries and buses and the Rail Safety (Offences) Regulation 2008 that covers rail.

Specifically the review is looking at:

  • Revenue Protection - Examining the functions of enforcement officers and their lack of cross-modal powers.
  • Passenger Behaviour Offences - Modernising offences relating to public transport passenger behaviour, improving consistency for like offences across transport modes, and identification of any problem passenger behaviour that should be addressed by new offences.
  • Ticketing Regulation - Modernising the regulations to allow for the introduction of an Electronic Ticketing System (ETS).

Please Note: The Regulation work stream of the review has been completed. All ticketing, revenue protection and passenger behaviour offence provisions for passenger transport (including rail) are now found in the Passenger Transport Regulation 2007.

This part of the review is being implemented separately to allow for the introduction of the Opal electronic ticketing system in late 2012.

Discussion Paper: Review of NSW Passenger Transport legislation (pdf 2.7MB).

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