FEEDBACK FORM
COMMUNITY TRANSPORT DRIVER AUTHORISATION DISCUSSION PAPER
YOUR NAME:
DARRYL MELLISH
ORGANISATION: BUSNSW
ADDRESS:
27 VILLIERS STREET NORTH PARRAMATTA 2151
EMAIL:
DMELLISH@BUSNSW.COM.AU
PHONE:
(02) 8839 9500
Section 4.3
What requirements should authorisation impose on drivers?
1.
Are the existing requirements for community transport drivers, outlined at 4.3.1, a
sufficient basis for driver authorisation? Why/why not?
BusNSW considers that the existing requirements for community transport drivers are NOT a sufficient
basis for driver authorisation. The distinction drawn between community transport and regular public
transport in the TfNSW Discussion Paper is, from the perspective of public safety, an artificial one.
The Discussion Paper rightly recognises that driver authorisation is about passenger safety. However,
the Paper then introduces a number of possible arguments why community transport drivers might be
treated differently, which have nothing to do with safety. In thinking about driver authorisation for any
transport services, a useful starting point is the value proposition that passengers travelling on any
vehicle of a particular type (e.g. large bus, small bus, people mover or taxi) have a right to expect the
same level of safety assurance for that vehicle type. This should cover the operator, the vehicle
(including maintenance requirements) and the driver. It is irrelevant whether or not the vehicle/service
is available to the general public as a whole. The important point is that the traveller is placing their
trust in an operator, a vehicle and a driver to transport them safely.
The Discussion Paper expresses concern that requiring driver authorisation may place an undue
burden on Community Transport Organisations. If that is a concern, then the way to resolve it is to
assist CTOs deal with the burden, not water down driver safety requirements.
In short, BusNSW considers that exactly the same Driver Authority conditions should apply to drivers
of public passenger vehicles and to drivers of CTO passenger vehicles.
2.
Should authorisation of community transport drivers include strengthened medical
assessment? Why/why not? Which of the approaches at 4.3.1 to 4.3.3 should be
introduced?
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The authorisation of CTO drivers needs to include strengthened medical assessment. BusNSW
considers it illogical that drivers who are charged with the responsibility of transporting passengers
(and passengers who are among the most vulnerable in our community) are not subject to regular
medical assessments in the same way that drivers who carry other types of passengers are. The
Austroads medical standards for drivers have been developed over many years to provide the
appropriate standard for a person’s fitness to drive. It should be noted that these provide the minimum
health standard for drivers charged with passenger vehicles across Australia. They clearly should be
the appropriate standard to which CTO drivers are authorised.
BusNSW considers that 4.3.3 is the appropriate option, namely that CT operators should use drivers
who hold appropriate driver authorisation, including the relevant Austroads medical standards. The
standards (including medical standards) that underpin passenger and driver safety should be the same
regardless of the operating environment that applies.
3.
Should authorisation include any additional requirements beyond medical assessment?
Authorisation for CTO drivers needs to include additional requirements beyond medical assessments.
A recent South Australian case involving the alleged sexual assault of a number of intellectually
disabled children highlights the need for appropriate police and criminal checks of CTO drivers as a
condition of authorisation.
In addition, BusNSW considers the excellent safety record of the public passenger sector can, in large
measure, be attributed to the training standards attached to the driver authorisation of public
passenger vehicles. At the current time all applicants for an authority to drive a public passenger bus
or coach are required to complete a short training course encompassing:
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Customer service
Vehicle operations
Managing breakdowns and emergencies
Driver welfare and safety
BusNSW considers that this course, perhaps with minor adjustments, would be an appropriate (and
not particularly onerous) standard to be imposed on CTO drivers also. The time and assessment
involved in completing this course are minimal and the course delivers significant benefits and
confidence to the drivers involved (and the organisations that employ them). It should be noted that
this course is only completed once (prior to the grant of the authority). If cost was considered a barrier
to effective participation by CTO drivers there may be scope for the relevant Government agency to
subsidise the course and given the current cost of the course (and its “one off” nature), it is considered
that the costs involved would not be prohibitive. As outlined elsewhere in this paper, the start and end
point of passenger transport in NSW must be safety.
4.
Are there any issues with community transport operators using drivers who hold driver
authorisation for public passenger vehicles? If yes, what are they?
BusNSW sees no issues with community transport operators using drivers who hold driver
authorisation for public passenger vehicles, and indeed considers that this approach should be
strongly encouraged.
The utilisation of public passenger drivers would not only solve the problem of appropriate driver
authorisation requirements, but could save the Government significant cost due to the apparent
underutilisation of fleets and duplication of services between the public passenger and CTO sectors.
The route and school private bus sector generally has vehicles and drivers under-utilised outside the
morning and afternoon peak periods.
BusNSW considers that it would be a far better utilisation of services if contracted route and school
bus operators were able to work with CTO for the effective provision of the services. Presumably this
would require a change in the way CTO services are procured, funded and administered. As outlined
earlier, private bus drivers are fully trained and accredited with full audit and maintenance systems
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already in place. At the very least there should be no barrier to private bus drivers (currently
authorised to much higher standards) performing CTO work.
It is our view that the distinction between community transport and regular public transport needs to
disappear over time, in the interests of providing the widest range of integrated mobility options to all
people, not just those disadvantaged in terms of the current definition of community transport
passengers. There seemed to be at least a tacit recognition of this principle in the current round of
Sydney Metropolitan Bus Contracts where each bus operator was required to make provision for a
targeted number of kms per annum for community transport work. To our knowledge, no operator has
yet been called upon to act on this target. Clearly, this serves the travelling public, community
organisations, nor the NSW taxpayer, particularly well.
Section 4.4
Which drivers should be authorised?
5. The discussion paper notes that in Queensland drivers of community transport services are
exempt from authorisation if the service is not available to the general community or if two
or less vehicles are used to provide the service and these vehicles can be operated by
drivers with a regular class C driver’s licence. Are their any circumstances where
exemptions should apply for drivers in NSW? If yes, what are they?
BusNSW is of the view that ALL bus drivers carrying passengers (whether public or community based)
should have the same minimum qualifications and that these should be:


The relevant class of RMS licence
A Driver’s Authority as evidence of medical fitness, of a clean criminal record, and of a required
level of competence (demonstrated by completion of an appropriate driver training program).
As outlined earlier, BusNSW considers that the standards that underpin passenger and driver safety
should be the same regardless of the operating environment that applies.
6.
What impact/s would your organisation likely experience if driver authorisation is
introduced?
BusNSW considers that only positive impacts would occur for the private bus industry from appropriate
driver authorisation of CTO drivers. These include:
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A requisite pool of appropriately trained and qualified drivers in both the public transport and
community sectors;
An improved safety record for the CTO bus sector
An improvement in the safety perception of buses among the general community (many of whom
would be unlikely to distinguish between a private and a CTO bus in the event of an accident)
Increased flexibility for the Government over time to contract additional CTO services to the
private sector to ensure better utilisation of vehicles and other cost benefits.
A level playing field between the private bus and community sector some of which compete for
charter and other work.
7. If driver authorisation is introduced, should volunteers be required to be authorised? If so,
what impact would that have on your organisation?
As outlined earlier, BusNSW’s view is that the standards that underpin driver safety should be the
same regardless of the operating environment, and that exactly the same standards should apply
irrespective of the employment status (full-time, part-time, casual or volunteer) of the driver. If an
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accident or other serious safety issue were to occur the employment status of driver would be largely
irrelevant to the passengers on the bus, their loved ones and the community at large.
As discussed earlier, if the costs involved in obtaining authorisation were considered to be a barrier to
drivers volunteering for CTO work, then the solution should be appropriate subsidising of the process,
rather than the current two tier system which offers lesser standards of safety for CTO drivers.
The Paper seems concerned that increasing the requirements that a driver must satisfy will discourage
volunteering. If volunteering is a problem then the problem of volunteering need needs to be tackled,
rather than watering down driver safety requirements. Our research suggests that many volunteer
drivers are getting older, with medical circumstances becoming an increasing issue of concern. This is
more the reason for ensuring that such drivers meet appropriate authorisation standards.
BusNSW consider the need for a consistent Driver Authority standard outweighs any potential impact
on the availability of volunteer drivers.
Section 4.5
How should the framework be established?
8.
If driver authorisation is introduced, should the requirement be legislated via an amendment
to the Passenger Transport Act 1990 or should it be introduced through an amended funding
agreement between the Government and community transport organisations? (See 4.5.1 and
4.5.2) Which approach would best suit your organisation and why?
As outlined previously, BusNSW’s position is that the safety risk involved in bus and passenger safety
warrants the same safety requirements. This would entail the same or similar checks and processes
for CTO drivers as for other passenger drivers. Currently, the Passenger Transport Regulation 2007
outlines the requirements for authorisation for bus drivers, taxi drivers and hire car drivers. BusNSW
considers that CTO drivers should be another category of driver authorisation under the Act and
Regulation. As outlined in the TfNSW Discussion Paper,
“Legislated provisions provide the firm basis needed to deliver the high level of compliance
with driver authorisation requirements the community expects. Importantly, where drivers do
not comply with the requirements, Transport for NSW may take action to amend, suspend or
cancel authorisations”.
This provides a strong rationale why amendment of the Act is the preferred position.
Additional Comments:
BusNSW strongly believes that the current artificial barriers between community transport and public
transport need to disappear over time in the interests of providing the widest range of integrated
mobility options to all people and in the interests of better utilising the Government transport dollar.
Driver authorisation is the first important step in this direction. However, it is not the only step.
As outlined elsewhere in this paper, driver authorisation is only part of transport safety. Vehicle
standards and operator accreditation are equally important parts in the transport safety equation.
While those issues are beyond the scope of the current Discussion Paper, BusNSW would welcome
the opportunity of working closely with the Community Transport Organisation and Transport for NSW
to determine how best to raise the safety standards associated with operator accreditation. Such work
is urgently needed to move transport in NSW to a level where passenger safety and quality is at a
suitably high standard, irrespective of the type of vehicle utilised or of the identity of the transport
operator involved.
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Industry position
The Bus Industry considers there need to be suitable minimum national standards applying to;
 Bus and Coach Operators
 Bus and Coach Drivers
 Bus and Coach (Vehicle) Safety and Maintence standards
This is based on the need to ensure the safety of drivers and passengers with an equitable and consistent
regulatory regime. It also does not discriminate based on any passenger types. It assumes all bus and coach
passengers are afforded equal minimum standards.
The National standards should apply for all transport services performed using buses or coaches carrying
members of the public, including route, school, tourist and charter services as well as Bus and Coach
services for the disadvantaged. The standards would not be applied to buses and coaches used for personal
use. Personal use includes mobile homes and using a bus/coach as a family car.
A bus and coach is defined as a registered vehicle with the ability to carry multiple passengers ( 8 or more),
excluding limosenes, maxi taxis, mobile homes.
The achievement of these goals can be through legislation, reulation/accreditation. Requiring cooperation of
all stakeholders
This Submission focuses on minimum standards for Bus and Coach Drivers which is the subject of a review
by the NSW State Government, and users the feedback form provided as part of a consultative process
DARRYL J MELLISH
EXECUTIVE DIRECTOR
BUSNSW
J:\SUBMMISSIONS & REVIEWS - DM\CTO\CTO DAS BUSNSW SUBMISSION JAN 12.DOC
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