Passenger Transportation Administrative Penalty Framework

Part 1: Offences under the Passenger Transportation Regulation

Section A: Operation of Commercial Passenger Vehicle

Care and control of licence. Licensee must operate in compliance with terms and conditions of licence.

Item Number	Description of Offence Overview	Reference	Enforcement Action
1	Operating outside of area	Part 2, Section 6(1)(a)	Item 1
2	Operating outside the restriction(s) e.g. seasonal operations, taxi host drivers, service limitations (contracts) as prescribed in licence)	Part 2, Section 6(1)(a) & Section 9 (1)(c) (i)	Item 2
3	Operating outside the specific carrying capacity; and/or type/model of vehicle as prescribed in the licence	Part 2, Section 6(1)(a)	Item 3
4	Operating outside the PDV/ICB exclusions as described in the licence	Part 2, Section 6(1)(a)	Item 4
5	Operating more vehicles than permitted on licence (PDV only)	Part 2, Section 6(1)(a)	Item 5
6	Not adhering to filed PDV rates	Part 2, Section 6(1)(a)	Item 6
7	ICB operating below minimum route frequency	Part 2, Section 6(1)(a)	Item 7
8	Not adhering to filed rules	Part 2, Section 6(1)(a)	Item 8
9	Leasing plate for a fee	Part 2, Section 6(1)(b)	Item 9

 

Section B: Vehicle driver is in compliance

Licensee must ensure driver of vehicle is in compliance to operate under the licence.

Item Number	Description of offence overview	Reference	Enforcement Action
10	Improper class of driver's licence	Part 2, Section 7(a)	Item 10
11	Driving under the influence of liquor or drugs (Penalty at Registrar's discretion)	Part 2, Section 7(b)	Item 11
12	Smoking while driving	Part 2, Section 7(b)	Item 12

 

Section C: Carriage of Passengers

Licensee must ensure the passengers are safely transported.

Item Number	Description of offence overview	Reference	Enforcement Action
13	Exceeding carrying capacity limitations on passenger transportation vehicle	Part 2, Section 8	Item 13
14	ICB not expressly authorized to carry standees (Penalty at Registrar's discretion)	Part 2, Section 9 & 9(1)(c)(iii)	Item 14
15	Exceeding number of standees (Penalty at Registrar's discretion)	Part 2, Section 9(1)(a)(b)	Item 15
16	Passengers enter or leave vehicle when not safe to do so (Penalty at Registrar's discretion)	Part 2, Section 10	Item 16
17	Fares collected when vehicle in motion	Part 2, Section 11	Item 17
18	Driver improperly refused to transport passenger(s) (Penalty at Registrar's discretion)	Part 2, Section 12	Item 18

 

Section D: Condition of Vehicle

Licensee must ensure the vehicles are in a safe operating condition.

Item Number	Description of offence overview	Reference	Enforcement Action
19	Unsafe vehicle operated by licensee - failed to not proceed (Penalty at Registrar's discretion)	Part 3, Section 13 & Section 14	Item 19
20	Safety conditions of vehicle not reported promptly to licensee (Penalty at Registrar's discretion)	Part 3, Section 15 (1)	Item 20
21	Inspection not performed on the vehicle before it is utilized to carry passengers. (Licensee must have vehicle inspected & repaired if vehicle is reported defective) (Penalty at Registrar's discretion)	Part 3, Section 15 (2) & Section 13 & Section 14	Item 21
22	Written reports of repairs not kept for two years	Part 3, Section 15 (3)	Item 22
23	No curb side exit on commercial passenger vehicle	Part 3, Section 16	Item 23
24	Commercial passenger vehicle operating with expired inspection certificate	Part 3, Section 17	Item 24

 

Section F: Temporary Operating Permits

Licensee must operate in compliance with terms and conditions of temporary operating permit.

Item Number	Description of offence overview	Reference	Enforcement Action
29	Permit holder is operating in non compliance to the terms & conditions of the temporary operating permit	Part 5, Section 20 & Section 21 (Passenger Transportation Act, Division 5, Section 36)	Item 29