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, the first comprehensive review of the legislation since the Passenger Transport Act 1990 came into force

The review commenced in September 2012 with the release of a Discussion Paper and a call for public submissions. A copy of the Discussion Paper and submissions can be found at [LINK], along with submissions received from organisations and individuals who agreed to have their submissions made public.
As a result of the review, changes to passenger regulation – covering ticketing, revenue protection and passenger conduct – were made in 2012 to allow for the introduction of the Opal electronic ticketing system. Changes to support the introduction of consistent national safety laws for rail, heavy vehicles (including buses) and commercial vessels (including ferries) were made in 2013.
On 8 April 2014, the then Premier and the Minister for Transport announced the changes that the Government would make to the regulation of taxi services. These included:

  • Halving the surcharge most taxi customers pay when they use a credit or debit card to pay for their fare.
  • Bringing smartphone taxi booking apps into the Act, to moderninse the customer experience while ensuring safety standards continue to be met.

Read the Premier's announcement.

A Bill to repeal and replace the Passenger Transport Act 1990 and the Air Transport Act 1969 was then introduced to Parliament on 18 June 2014 and passed by Parliament on 10 September 2014.
The Passenger Transport Act 2014 gives effect to the Premier’s and Minister’s 8 April 2014 announcement about taxi surcharges and booking services, and also makes a number of other important changes. In particular, the Act:

  • Gives Transport for NSW the necessary powers to enter into contracts for public passenger services regardless of the mode of delivery or the service model, replacing outdated provisions based on service type.
  • Recognises community transport as a public passenger service, and provides for those services to have safety accreditation.
  • Brings the air licensing regime into the Passenger Transport Act and strengthens the regulatory framework.
  • Introduces the concept of ‘close associates’ to help prevent someone who is no longer ‘fit and proper’ to be an operator of a service  from getting back into the industry, using a ‘front man.’

The Act and the Minister’s Second Reading speech can be found on the NSW Parliament’s website:

The next step in the process is to review the Passenger Transport Regulations 2007 to implement the Act. The Government will continue to consult with industry stakeholders on the regulations with some parts of the Act commencing at a later stage e.g. the provisions relating to community transport, to ensure industry and Roads and Maritime Services have enough time to get ready. In addition, the cap on taxi surcharges will be initially set at 5 percent and will take effect later this year.

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