Conditions and responsibilities

Conditions

If you are the holder of a bus driver authority, your authority is subject to the conditions prescribed in the regulations and the following additional conditions.

You must comply with all provisions of:

  1. The Passenger Transport Act 1990 and the regulations, and
  2. The road transport legislation as may apply in the circumstances.

You must, by the next business day, advise Transport for NSW (TfNSW) in writing if:

  1. Your driver licence expires or has been cancelled or suspended.
  2. In Australia or in another country you are charged with or convicted of:
    • A criminal offence
    • An offence, other than an offence which is an offence within the meaning of the road transport legislation
    • An offence in connection with a public passenger service which is an offence within the meaning of the road transport legislation other than a parking offence.

Change of name or address

The Passenger Transport Regulation 2007, clause 235, states that if you change your name or address, you must notify the Public Passenger Services section of TfNSW in writing of your new name or address within seven days of the change. There is a maximum fine of $550.

You can use the Notification of Change of Address form to advise us of your new address.

Bus driver responsibilities

Authorised bus drivers (including tourist bus drivers) must comply with all relevant requirements of the Passenger Transport Regulation 2007. Some of these requirements are listed here.

Bus drivers must not:

  • Tout or solicit for passengers or for a hiring.
  • Leave the driving seat of the bus without reasonable excuse.
  • Smoke in the bus at any time.
  • Eat or drink in the bus when in service or hired or available for hire.
  • Move the bus while any door is open.
  • Falsely advertise that they are authorised bus drivers.
  • Carry any person on a tourist service bus whom you have reason to believe is not a tourist.

Bus drivers must:

  • Ensure their vehicle is clean and tidy.
  • Be clean and tidy, and be properly attired and wear enclosed shoes.
  • Behave with civility and propriety towards any intending passengers, passengers, other bus drivers and authorised officers.
  • Allow assistance animals or animals in training in their vehicle.
  • Deliver lost property to its owner, your operator or a police station.
  • Hand over driver licence and driver authority card to authorised officer when requested to do so.
  • Self-report to TfNSW any long-term or permanent injury, illness, medical condition, disability, or treatment that may affect their ability to drive a safely.
  • Self-report to TfNSW any changes to their health that could affect their ability to drive safely as soon as practicable.
  • Adhere to any prescribed medical treatment from their treating doctor or health professional.

Mobile phones

Under the Passenger Transport Act 1990, authorities of public passenger drivers may be suspended pending investigation of unacceptable conduct.

Inappropriate use of a mobile phone by a driver of a public passenger vehicle is considered unacceptable conduct.

Behaviour placing passengers at risk

Under the NSW Road Rules, while a vehicle is moving or stationary (but not parked), a driver may only use a mobile phone to make or receive a call or use the audio playing function:

  • If the mobile phone is secured in a fixed mounting; or
  • If not in a mounting, use of the mobile phone must not require a driver to touch or manipulate the phone in any way.

All other functions including texting, video messaging, online chatting, reading preview messages and emailing are prohibited.

The law makes it clear that a driver in a moving or stationary vehicle (unless parked) MUST NOT HOLD a phone in their hand other than to pass the phone to a passenger, or use a mobile phone on loud speaker while resting it on their lap.

The use of mobile phones when driving has great effect on road safety. This causes drivers to have:

  • significantly slower reaction times
  • less ability to maintain a constant speed and safe distance to keep in lane
  • an inability to recognise hazards on the road
  • significant visual distraction and miss more road warning signs.

Disciplinary action for unacceptable conduct

The use of a mobile phone while driving a public passenger vehicle is considered a serious breach of safety which may merit suspension or possible cancellation of a driver authority.

Driver and operator reporting

If a public passenger vehicle driver receives a penalty notice or is charged by police for using a mobile phone while providing a public passenger service:

  • the driver must notify the accredited bus operator of the public passenger vehicle
  • the accredited bus operator must advise Transport for NSW (Transport): 

A bus operator must also report the incident in the Bus Incident Management Database if they otherwise detect (e.g., review of CCTV footage) that a driver is using a mobile phone while providing a public passenger service.

If a public passenger vehicle driver receives a penalty notice or is charged by police for using a mobile phone while driving a private vehicle:

  • the driver must notify Transport by emailing the details of the incident or police charge to SchemeReview@transport.nsw.gov.au within seven days after the laying of the charge or the issue of the penalty notice.

Transport will review the incident, assess the driver’s fitness and propriety, and determine if administrative action is required. This may include suspension or cancellation of their Bus Driver Authority (BDA).  Transport will notify the bus driver of any action taken against their BDA. 

Accredited bus operators must ensure that only drivers with a valid and active BDA operate public passenger vehicles. Operators can verify a driver's status via MyRecords. 

Driver is the subject of an investigation

Under the Passenger Transport Act 1990, Transport can investigate any reports of unacceptable behaviour by a public passenger vehicle driver independent of legal proceedings and determine if administrative action is required.