Public transport is a vital part of our lives, and persons in the transportation industry have a duty of care to provide us with a safe and convenient way to get around. But what happens when something goes wrong? Who is responsible for ensuring that passengers are safe?
As commuters embark on their daily journeys through the bustling transport network of NSW, they place their trust in the hands of transport operators, employees, and fellow passengers.
What Is Duty of Care?
Under common law, duty of care is a legal obligation that requires individuals or organisations to take reasonable measures not to cause foreseeable harm to another person or their property. In the context of public transport in New South Wales (NSW), various guidelines and regulations outline the responsibilities of transport operators, drivers, and passengers to maintain a safe and secure environment.
A duty of care is breached when:
- Someone is injured because of the action (or in some cases, the lack of action) of another person when it was reasonably foreseeable that the action could cause injury; and
- A reasonable person in the same position would not have acted that way.
Duty of Care in Public Transport NSW
For transport operators, the duty of care manifests in a comprehensive commitment to providing a reliable and secure transport system. This includes the following:
- meticulous maintenance of vehicles and infrastructure,
- rigorous training and supervision of employees,
- clear signage and warnings, and
- proactive risk management strategies.
From bustling train stations to winding country roads, transport operators play a pivotal role in safeguarding the lives of those who depend on public transport for completing their journeys.
Employees of transport operators, as the frontliners of the public transport experience, bear a significant responsibility of upholding the duty of care. Their actions and decisions have a direct impact on the safety and well-being of passengers.
Adherence to safety procedures, prompt reporting of hazards, and providing assistance to passengers in need are just a few examples of how employees fulfill their duty of care.
This legal duty extends beyond physical safety, encompassing the emotional and psychological well-being of all involved. Transport operators strive to create an inclusive and respectful environment for all passengers, regardless of their background or abilities.
The Transport Code of Conduct NSW
The Transport Code of Conduct outlines the standards of behaviour expected of staff in the transport agencies listed below:
- Transport for NSW (TfNSW);
- Department of Transport;
- Roads and Maritime Services (RMS);
- Sydney Trains;
- NSW Trains;
- State Transit; and
- WestConnex Delivery Authority.
Furthermore, the Transport Code of Conduct in NSW is a set of unified and consistent standards of behaviour expected of everyone who works in the transport system, including staff members and commercial partners. It outlines the responsibilities and expectations of various transport agencies.
Additionally, the Code is accompanied by the Code of Ethics and Conduct for NSW government sector employees, which applies to all staff members in the transport agencies. Here are other transportation laws in NSW that you might want to check out:
- Passenger Transport Act 2014 (NSW)
- Point To Point Transport (Taxis And Hire Vehicles) Regulation 2017 (NSW)
- Passenger Transport (General) Regulation 2017 (NSW)
Why Is Duty of Care Important in Public Transport?
Duty of care is of utmost importance in public transport due to the following reasons:
- Legal obligation. This duty is a legal responsibility that establishes a connection between the transport operator, driver, and the safety of the passengers. Transport operators, drivers, and passengers are all responsible for meeting the expectations outlined in the Code of Conduct developed by Transport for NSW.
- Safety of passengers. Public transport, such as buses, carries a large number of passengers, including children and people with disabilities.
The duty of care for bus drivers includes ensuring that the bus is in good working condition, obeying all traffic laws, and being aware of potential hazards on the road. Bus drivers owe a higher degree of duty to passengers, especially to those who are ill, disabled, or minors.
- Prevention of accidents and injuries. Buses are large vehicles that can cause serious damage in the event of an accident. The highest duty required for bus drivers is to prevent accidents and injuries to passengers and other road users.
This duty includes regularly inspecting and maintaining the vehicle and using the utmost care when following traffic rules.
- Accessibility for people with disabilities. Public transport should be accessible to all members of the community, including people with disabilities. The ongoing review of the Disability Standards for Accessible Public Transport aims to assess their effectiveness in removing discrimination and ensuring equal access to public transport services.
- Passenger responsibility. While transport operators and drivers have a higher duty of care, passengers also have a responsibility to use reasonable care in preventing injury to themselves. This includes following safety instructions, using seat belts when available, and being aware of their surroundings while on board the vehicle.
What Happens When There is Breach of Duty of Care?
When there is a breach of this duty in public transport NSW, the consequences can be serious. Such breaches often lead to injury or damage, legal action against the transport operator or driver, or suspension or cancellation of driver authority:
- A breach of this duty can result in injury or damage to passengers, other road users, or property. If someone is injured because of the action or inaction of another person, they may be able to claim compensation under Public Liability Law.
- If a transport operator, driver, or passenger breaches their duty, they may be liable for legal action. The Civil Liability Act 2002 in NSW stipulates how damages should be calculated for economic and non-economic loss in specific situations. In South Australia, the Civil Liability Act 1936 creates the framework for a negligence claim in case of a breach of duty of care.
- Bus drivers who breach their duty may face disciplinary action, including suspension or cancellation of their driver authority. Inappropriate use of a mobile phone by a driver of a public passenger vehicle is considered unacceptable conduct and may result in suspension or cancellation of their driver authority.
Have You Been in a Public Transport Accident Recently?
If you have been injured in a public transport accident in NSW, you may be entitled to compensation. Public transport operators have a common law duty of care to their passengers to ensure their safety. When they fail to meet this duty, and if as a result a passenger gets injured, the operator may be held liable. Many factors can contribute to a public transport accident, including:
- Negligent driving by the operator
- Poorly maintained vehicles
- Slippery or uneven surfaces
- Inadequate lighting
- Lack of safety features
Seek legal advice as soon as possible as strict time limits apply for a public liability claim or a compensation claim. JB Solicitors’ competent lawyers can help an injured person to determine whether they have a valid claim, find out whether a duty exists or strict liability, and can assist them to seek compensation.
Contact us today so we can help with your personal injury claims.
