South Australian Current Regulations

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PASSENGER TRANSPORT REGULATIONS 2009 - REG 15

15—Conditions

        (1)         Pursuant to section 31(1)(b)(ii) of the Act, the following conditions are prescribed in relation to an accreditation under Part 4 Division 3 of the Act:

            (a)         a condition that the accredited person must ensure compliance with the standards prescribed by regulation 14(2);

            (b)         a condition that the accredited person must, if operating an Adelaide centralised booking service, keep secure from unauthorised access, at the central control station for the booking service, for a period determined by the Minister—

                  (i)         a record of all drivers of passenger transport vehicles participating in the booking service and the personal identification number of each of those drivers; and

                  (ii)         a record of all passenger transport vehicles participating in the booking service; and

                  (iii)         the records generated each time a driver logs onto or out of the computerised telecommunications system; and

                  (iv)         the records generated by the global positioning system;

            (c)         a condition that the accredited person must ensure that the centralised booking service does not issue a booking to a driver of a passenger transport vehicle participating in the service if the driver has not, while in the vehicle, logged onto the computerised telecommunications system connecting the central control station for the booking service and the vehicle;

            (d)         a condition that the accredited person must, within 7 days, inform the Minister of action to bankrupt the person or to declare the person insolvent, or of proceedings by the person to take the benefit (as debtor) of a law relating to bankruptcy or insolvent debtors or, in the case of a body corporate, of action to windup the body corporate or to place the body corporate under official management or in receivership;

            (e)         a condition that the accredited person must, within 7 days, inform the Minister—

                  (i)         of a change in the person's name or residential address or, in the case of a body corporate, of a change in the name of the body corporate, or in the registered office or principal office of the body corporate; or

                  (ii)         of a change in the person's business name or trading name; or

                  (iii)         in the case of a body corporate, of a change in a director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate;

            (f)         a condition that the accredited person must, within 7 days, inform the Minister of a change—

                  (i)         affecting the accuracy of information furnished to the Minister for the purposes of gaining accreditation; or

                  (ii)         affecting the accuracy of particulars specified in the accreditation;

            (g)         a condition that the accredited person must, within 2 business days, inform the Minister—

                  (i)         of the laying of a charge for an offence against the person; or

                  (ii)         of a finding by a court that the person has been guilty of an offence;

            (h)         a condition that the accredited person will provide to a customer or potential customer, on request, a copy of the code of practice that applies to the accredited person;

                  (i)         a condition that the accredited person will have in place a business plan to ensure that relevant customer service levels are met;

            (j)         a condition that the accredited person will have in place arrangements to deal with lost property found in vehicles participating in the centralised booking service;

            (k)         a condition that the accredited person will have a management information system to monitor and record performance;

            (l)         a condition that the accredited person will establish and maintain a set of rules and procedures that are to apply in relation to the provision of the centralised booking service (including in relation to the owners and drivers of vehicles participating in the service), will provide a copy of those rules and procedures to the Minister and will, within 14 days, inform the Minister, in a manner and form determined by the Minister, of any alteration to those rules or procedures;

            (m)         a condition that the accredited person will establish and maintain a system for dealing with any dispute between the person and the owner or driver of a vehicle participating in the scheme, and that if the dispute is not resolved within a reasonable time and is referred to the Minister, that the accredited person will accept and, if necessary, implement or observe, a decision made by the Minister in order to resolve the dispute;

            (n)         a condition that the accredited person will make and keep a record, in relation to each passenger transport vehicle for which the centralised booking service provides a fleet safety support service, of—

                  (i)         the registration number of the vehicle; and

                  (ii)         such other information as the Minister may require.

        (2)         A person who is required to provide information to the Minister under this regulation must provide the information in a manner and form determined by the Minister.



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