Industry information for bus operators and drivers

Clause 25 of the Passenger Transport Regulation 2007states that an accredited operator must not suffer or permit any person other than:

1. A designated director or manager (if the accredited operator is a corporation), or
2. Another accredited operator (if the accredited operator is not a corporation), to operate, manage, supervise or administer the relevant service (except for, in the case of a corporation, a person appointed under any law to manage the affairs of the corporation).

While the legislation allows for a corporation (which is accredited to operate buses) to appoint an alternative designated director or manager (who has been vetted and successfully undertaken an approved training course), individual operators (or partnerships) can only appoint another accredited operator to operate the service in the event that they are not able to directly influence the way that service is carried on.

To assist accredited bus operators in exercising their responsibilities with regard to the management of public passenger services, Transport for NSW (TfNSW) has developed the following guidelines.

1. An accredited operator must appoint another accredited operator (or designated director or manager, if the accredited operator is a corporation) to manage the bus service whenever they are not able to directly influence the way that service is carried on.
   Directly influencing the way a service is carried on means the ready ability to make all decisions that affect the business. Accordingly, while technology such as email, mobile phones or personal digital assistants may enable operators to make remote management decisions, it is important that such decisions are timely, informed and do not compromise safety.
2. As a guide, it is likely that an operator of a non-commercial (Contract A) school bus service would not normally need to appoint another accredited operator when taking leave during school vacations (as no service is being provided).
   Conversely, the operator of a commercial contract bus service (Contract B) would need to appoint an alternative operator (or designated director or manager) to manage the service during periods of leave (or absence) if they are not able to directly run or control the way that service is carried on. This requirement also applies to operators of Contract A services whenever the service is being provided.
3. In order to enable compliance with this guideline, operators are strongly encouraged to ensure that they have arrangements in place to appoint another accredited operator in the event that they are absent from the business and not able to directly manage the way that service operates. In the case of:
   • Corporations - This may involve requiring staff members to successfully undertake an approved training course conducted by the Institute of Transport and Logistic Studies and then seeking TfNSW’s approval to designate such persons as directors or managers for this purpose. Further information on approved training courses can be found at The University of Sydney.
   • Partnerships - This may involve requiring an additional partner to successfully undertake an approved training course conducted by the Institute of Transport and Logistic Studies and then seeking TfNSW's approval to appoint such persons as an accredited operator for this purpose. If not already done so, this will also require TfNSW to vet such nominees. Further information on approved training courses can be found at The University of Sydney Bus and Coach Accreditation and Professional Development.
   • Accredited operators who are individual or sole traders - have arrangements in place to appoint another accredited operator in the event that the operator is absent from the business and not able to directly manage the way that service operates.

Any questions concerning this matter should be directed to TfSNW (02) 9689 8888.

From 1 November 2017, the Point to Point Transport Commission regulates passenger services undertaken in any vehicle with 12 seats or less (including the driver).

Any business that operates a public passenger bus service must be accredited to be able to provide services legally in NSW, unless otherwise specified by Transport for NSW (TfNSW).

More on applying for bus and coach operator accreditation.

Bus operators must check the registration usage code recorded on the Certificate of Registration for each vehicle in their fleet and record the correct registration usage code. Operators must ensure each vehicle displays the correct number plate that matches its registration usage code.

The usage code for RBUS must be recorded if the vehicle:

• operates under a Regular Passenger Service (RPS) accreditation
• has Motor Omnibus (MO) plates.

The usage code CBUS must be recorded if the vehicle:

• operates under a Long Distance, Tourist or Charter (LDTC) accreditation
• has TV plates.

Vehicles may be fitted with either standard or special number plates, however, RBUS or CBUS usage must be recorded. National heavy vehicle number plates cannot be issued to public passenger buses.

For vehicles used for both RPS and LDTC services, the registration usage code should reflect the vehicle’s primary use, regardless of the type of number plate.

When hiring a bus from another accredited operator, it is the operator’s responsibility (not the vehicle owner), to check the vehicle is correctly registered.

To update a vehicle’s registration usage code, please visit a Service Centre.

Refer to the factsheet for more information on number plates and registration codes for public passenger bus.

A Vehicle Monitoring Device (VMD) produces a continuous record of a vehicle’s operation.

Operators providing a public passenger service for 13 passengers are more, are required to have a VMD fitted to their vehicle.

Operators who provide a public passenger service using regular routes and timetables under a Passenger Service Contract between the accredited bus operator and TfNSW, are exempt from this requirement.

Drivers must hold an appropriate driver licence and authority to drive a public passenger vehicle. Bus operators must regularly check driver licences and driver authorities for currency and should keep written records for auditing purposes.

The online MyRecords service allows authorised operators to confirm a driver’s licence and authority status. It also helps operators to demonstrate that they are regularly checking this information for the drivers they engage.

Drivers are required to undergo medical fitness to drive assessments on a periodic basis with their doctor to ensure they are fit to drive.

The medical assessments must be conducted in accordance with Assessing Fitness to Drive.

Bus operators are also required to notify TfNSW by email DA.medicals@transport.nsw.gov.au within 48 hours if they become aware of a change in the physical or mental condition of a driver that may detrimentally affect the driver’s ability to safely drive a bus.

Bus operators may also notify TfNSW if they have concerns regarding the authenticity of their driver’s fitness to drive, email DA.medicals@transport.nsw.gov.au.