Tourist transport operators fact sheet

Safety is the top priority of the Point to Point Transport Commissioner. It is a shared goal for everyone in the point to point transport industry. One way in which the Commissioner regulates and works toward ensuring a safer industry is through authorisation.

Authorised service providers must comply with the conditions of authorisation and specified safety standards under the law. The Commissioner ensures that service providers meet their safety obligations and comply with safety standards through safety audits and on-street compliance activities.

For more information, please refer to the Do you need to be authorised? fact sheet and the Safety standards for vehicles providing booked services webpage.

Yes. If it is a vehicle with 12 seats or less, it can be used for tourist transport provided:
• it meets the specified vehicle safety standards and has $5 million in third-party property insurance
• the operator is authorised as a BSP or accepts bookings from an authorised BSP.
The owner of the vehicle used to provide a booked service has specific obligations to ensure:
• the vehicle is regularly and properly maintained
• maintenance or repairs are carried out by a licenced mechanic
• records of maintenance and repairs are kept.

Drivers of passenger service vehicles have specific obligations. For more information, please refer to the Driver obligations webpage.

It depends on the number of seats in the vehicle. Vehicles with 13 seats or more (regardless of the number of seated passengers at any one time), do not fall under point to point transport law. These vehicles operate under the Bus Operator Accreditation Scheme (BOAS).
Vehicles with 12 seats or less, fall under point to point transport law and providers of booked services using these vehicles must be authorised by the Point to Point Transport Commissioner.

No.
If a person is caught providing unauthorised services, they face a significant fine.

The authorisation process is designed to ensure journeys are as safe as possible for drivers, passengers and the public. Penalties of up to $110,000 apply for anyone providing an unauthorised taxi or booking service, while drivers will face penalties if they take bookings or carry out passenger services from unauthorised service providers. Penalties are much higher for second or subsequent offences.

If you are aware of someone taking bookings and providing tourist transport without being authorised, this is a safety risk, and you should notify the Commissioner by completing the Contact us form found on our website.

For more information, please refer to the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.

Tourist transport providers must comply with the safety standards that apply to all BSPs:
1. Safety Management System
A Safety Management System details how a BSP identifies, records and manages any risks associated with the provision of services, and how the required safety standards will be met.
2. Vehicle standards
The owner of a vehicle used to provide a booked passenger service must ensure the vehicle is appropriately registered and safe to be driven on the road (roadworthy). All vehicles must undergo annual safety checks (pink slip) even if they are less than five years old.
3. Insurance
In NSW, all vehicles providing point to point transport must hold third-party property insurance with cover of at least $5 million. This is different to Compulsory Third Party insurance (green slip).
4. Provision of information
BSPs must make certain information available to the person who booked the service, including the vehicle registration number and the name of the driver.
5. Drivers
Drivers must comply with safety standards. For this reason, BSPs must take reasonable steps to check their drivers’ history and prepare them to drive (onboarding).

For more information, please refer to the following sources:
• Booking service providers webpage
• Duty of care and safety management systems fact sheet
• Vehicle insurance fact sheet
• Driver onboarding fact sheet

Tourist transport drivers, like all drivers providing booked services, must:
1. take reasonable care of their own health and safety
2. ensure that their actions do not negatively affect the health and safety of others
3. comply with any reasonable direction, policy or procedure that is given by the BSP, so far as possible
4. ensure that a retroreflective sign is displayed on the vehicle.

For more information, please refer to the Driver Obligations webpage.

Tourist transport operators, like all other BSPs, must pay an annual authorisation fee at the end of each financial year.

If a BSP is authorised at any time during a financial year, it will need to pay an annual authorisation fee, even if it did not provide any passenger services.

For more information, please refer to the Annual Authorisation Fees webpage.
Tourist transport operators must also pay a passenger service levy. The levy is $1.20 (ex GST) per trip. BSPs need to register as a taxpayer through the Commissioner's Industry Portal to submit levy returns.

There are exemptions and rebates which apply to the payment of the passenger service levy.

For more information, please read the Passenger Service Levy FAQs.

Yes.
Retroreflective signs are important for the safety of passengers, drivers and the public. All vehicles actively providing booked services, including tourist transport vehicles, must have a retroreflective sign clearly displayed on or near the rear of the driver’s side of the vehicle.

It is considered best practice for the retroreflective sign to show the name or logo of the BSP.

For more information, please read the Retroreflective signs fact sheet.

No.
If making bookings for tourist transport is only a minor part of a travel agent's business, then it does not need to be authorised as a BSP.