Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Part 3A.5 Bookable vehicles generally
Division 3A.5.1 Bookable vehicles—security devices, etc
221A Definitions—div 3A.5.1
(1) In this division:
"duress alarm", for a bookable vehicle, means an alarm fitted to a bookable vehicle that may be activated by a person in the bookable vehicle.
"fitted", a GPS tracking device in a mobile phone is fitted to a bookable vehicle if the mobile phone is secured in a mounting attached to the vehicle.
"security camera" does not include a camera in a mobile phone.
"security device" means—
(a) a duress alarm; or
(b) a GPS tracking device; or
(c) a security camera.
(2) In this section, a mobile phone is secured in a mounting attached to a vehicle only if—
(a) the mounting is commercially designed and manufactured for that purpose; and
(b) the mobile phone is secured in the mounting, and the mounting is attached to the vehicle, in the manner intended by the manufacturer.
221B Duress alarms in taxis
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) communicates a booking to a taxi driver; and
(c) does not take reasonable steps to ensure that a duress alarm is accessible to the driver.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is a taxi service operator; and
(b) a taxi used to operate the service is not fitted with a duress alarm accessible to the taxi driver.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
221C GPS tracking devices in bookable vehicles
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) communicates a booking to a bookable vehicle driver; and
(c) does not take reasonable steps to ensure that a GPS tracking device is operating in the bookable vehicle.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is a taxi service operator; and
(b) a taxi used to operate the service is not fitted with a GPS tracking device.
Maximum penalty: 20 penalty units.
(3) A person commits an offence if—
(a) the person is a rideshare driver; and
(b) the person accepts a hiring communicated by a transport booking service; and
(c) the rideshare vehicle is not fitted with a GPS tracking device.
Maximum penalty: 20 penalty units.
(4) A person commits an offence if—
(a) the person is a hire car driver; and
(b) the person accepts a hiring communicated by a transport booking service; and
(c) the hire car is not fitted with a GPS tracking device.
Maximum penalty: 20 penalty units.
(5) An offence against this section is a strict liability offence.
221D Security cameras in taxis
(1) A person commits an offence if—
(a) the person is a taxi driver; and
(b) the taxi stands or plies for hire for the transport of passengers along a road or road related area; and
(c) the taxi is not fitted with a security camera.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) a recording is made by a security camera in a taxi; and
(b) the person changes or otherwise interferes with the recording.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
Note In collecting personal information, the accredited operator may also have to comply with the Australian Privacy Principles under the Privacy Act 1988
(Cwlth).
221E Interfere with security device, etc
(1) A person commits an offence if the person interferes with—
(a) a security device fitted to a bookable vehicle; or
(b) an electronic device fitted to a bookable vehicle; or
(c) anything else in the bookable vehicle that is being used to support the operation of a security device, or electronic device, fitted to the bookable vehicle.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
"electronic device" means—
(a) a taximeter; or
(b) equipment used for communicating with a transport booking service; or
(c) an EFTPOS terminal.
221F Security device standards
(1) The road transport authority may determine standards for security devices in bookable vehicles ( security device standards ).
(2) A security device standard may make provision for security devices in bookable vehicles, including, for example—
(a) when security devices may be installed; and
(b) the kinds of security devices that may be installed; and
(c) the position of security devices; and
(d) the operation of security devices; and
(e) requirements about notices to be included in a bookable vehicle that has a security device installed.
Note 1 The Privacy Act 1988
(Cwlth) imposes obligations on some private sector organisations in relation to the collection, storage, use and disclosure of personal information collected about an individual.
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
(3) A security device standard is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(4) A security device standard may apply, adopt or incorporate (with or without change) an instrument as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act
, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the Legislation Act
.
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
(5) A person commits an offence if the person contravenes a security device standard.
Maximum penalty: 20 penalty units.
(6) An offence against this section is a strict liability offence.
Division 3A.5.2 Bookable vehicles—fees and surcharges
221G Jump-the-queue fees prohibited for taxis
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) accepts a jump-the-queue fee for a taxi booking.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if the person—
(a) is a transport booking service; and
(b) provides a way for a taxi driver to accept a jump-the-queue fee for a taxi booking made via the transport booking service.
Maximum penalty: 20 penalty units.
(3) A person commits an offence if the person—
(a) is a taxi driver; and
(b) accepts a jump-the-queue fee for a taxi booking.
Maximum penalty: 20 penalty units.
(4) An offence against this section is a strict liability offence.
(5) In this section:
"jump-the-queue fee", for a bookable vehicle booking, means a fee—
(a) decided by the transport booking service; and
(b) paid—
(i) by a passenger; and
(ii) in addition to the fare; and
(iii) for the passenger to be the next passenger picked up by the bookable vehicle driver, ahead of the driver's existing bookings.
221H Up-front tipping prohibited for taxis and ridesharing
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) accepts an up-front tip for—
(i) a taxi booking; or
(ii) a rideshare booking.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if the person—
(a) is a transport booking service; and
(b) provides a way for—
(i) a taxi driver to accept an up-front tip for a taxi booking made via the transport booking service; or
(ii) a rideshare driver to accept an up-front tip for a rideshare booking made via the transport booking service.
Maximum penalty: 20 penalty units.
(3) A person commits an offence if the person—
(a) is a taxi driver; and
(b) accepts an up-front tip for a taxi booking.
Maximum penalty: 20 penalty units.
(4) A person commits an offence if the person—
(a) is a rideshare driver; and
(b) accepts an up-front tip for a rideshare booking.
Maximum penalty: 20 penalty units.
(5) An offence against this section is a strict liability offence.
(6) In this section:
"up-front tip", for a bookable vehicle booking, means an amount—
(a) decided by a prospective passenger; and
(b) paid by the prospective passenger—
(i) to a transport booking service, a bookable vehicle driver or both; and
(ii) in addition to the fare; and
(iii) for the passenger to be picked up sooner than would happen in the ordinary course of bookings.
221I Bookable vehicle pricing during emergencies
(1) A person commits an offence if—
(a) the person is a transport booking service; and
(b) the booking service—
(i) accepts a jump-the-queue fee for a bookable vehicle booking; or
(ii) provides a way for a bookable vehicle driver to accept a jump-the-queue fee for a bookable vehicle booking made via the transport booking service; or
(iii) applies surge pricing for a bookable vehicle hiring; and
(c) a declared state of alert, or declared state of emergency, is in force for all or part of the ACT.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is a bookable vehicle driver; and
(b) the person—
(i) accepts a jump-the-queue fee for a bookable vehicle booking; or
(ii) applies surge pricing for the bookable vehicle hiring; or
(c) a declared state of alert, or declared state of emergency, is in force for all or part of the ACT.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
(4) In this section:
"declared state of alert" means a state of alert declared under the Emergencies Act 2004
"declared state of emergency" means a state of emergency declared under the Emergencies Act 2004
, section 156.
"jump-the-queue fee", for a bookable vehicle booking—see section 221G.
"surge pricing", for a bookable vehicle hiring, means the practice of increasing bookable vehicle fares during times of high demand for bookable vehicles.
Note 1 Jump-the-queue fees are always prohibited for taxis (see s 221G).
Note 2 The Minister may determine fares and ways of calculating fares for taxis, ridesharing and hire cars (see Act
, s 60, s 60Q and s 79A).
221J Meaning of payment surcharge —div 3A.5.2
(1) In this division:
"payment surcharge"—
(a) means a fee or charge (however calculated)—
(i) added to the amount otherwise payable by a hirer of a bookable vehicle because the amount payable for the hire of the vehicle is paid wholly or partly using a declared payment method; or
(ii) payable by a bookable vehicle driver, or a bookable vehicle licensee, because an amount payable for the hire of the vehicle is paid wholly or partly using a declared payment method; and
(b) includes a fee or charge mentioned in paragraph (a) whether or not the fee or charge—
(i) is payable for accepting or processing payment made using a declared payment method; or
(ii) is based on the amount payable for a bookable vehicle hiring; but
(c) does not include a fee or charge imposed for the use of a declared payment method by—
(i) a participant in a designated payment system; or
(ii) a person consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia.
(2) In this section:
"designated payment system"—see the Payment Systems (Regulation) Act 1998
(Cwlth), section 7 (Definitions).
"participant", in a payment system—see the Payment Systems (Regulation) Act 1998
(Cwlth), section 7 (Definitions).
221K Methods of payment and maximum payment surcharges
(1) The Minister may declare methods of payment ( declared payment methods ) for the definition of payment surcharge .
(2) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(3) The Minister may determine the maximum amount payable for a payment surcharge (a maximum payment surcharge ).
(4) A determination is a disallowable instrument.
221L Imposing more than the maximum payment surcharge
(1) A defined person commits an offence if—
(a) a payment surcharge is imposed; and
(b) the payment surcharge exceeds the maximum payment surcharge.
Maximum penalty: 20 penalty units.
(2) It is a defence to a prosecution for an offence against this section if the defendant proves that—
(a) someone else imposed the payment surcharge; and
(b) the defendant did not know, and could not reasonably be expected to know, that the other person would impose the payment surcharge.
(3) It is a defence to a prosecution for an offence against this section if the defendant proves that—
(a) someone else imposed the payment surcharge; and
(b) the defendant knew that the other person would impose the payment surcharge; and
(c) the defendant told the person on whom the payment surcharge was imposed that the person did not have to pay the part of the surcharge that exceeded the maximum payment surcharge.
Note The defendant has a legal burden in relation to the matters mentioned in s (2) and (3) (see Criminal Code
, s 59).
(4) In this section:
"defined person" means any of the following people:
(a) the person who imposed the surcharge;
(b) the bookable vehicle driver;
(c) the bookable vehicle licensee;
(d) any person who provided or maintains any equipment installed in the bookable vehicle that enabled the surcharge to be imposed;
(e) any person who manages or administers the whole or any part of the system under which the amounts due for the hiring may be paid using a declared payment method.
221M Collecting more than the maximum payment surcharge
(1) A person commits an offence if—
(a) the person initiates the collection of, or collects, a payment surcharge in a bookable vehicle; and
(b) the payment surcharge exceeds the maximum payment surcharge for the declared payment method.
Maximum penalty: 20 penalty units.
(2) It is a defence to a prosecution for an offence against this section if the defendant proves that—
(a) someone else initiated the collection of, or collected, the payment surcharge; and
(b) the defendant did not know, and could not reasonably be expected to know, that the other person would initiate the collection of, or collect, the payment surcharge.
Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 59).
Division 3A.5.3 NSW bookable vehicles in the ACT
221N Meaning of ACT region
(1) In this regulation:
"ACT region" means—
(a) the ACT; and
(b) any area of NSW declared under subsection (2).
(2) The road transport authority may declare a stated area of NSW to be part of the ACT region.
(3) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
221O Exemption for NSW bookable vehicles—ACT pick up, drop off outside ACT region—Act, s 128 (1) (a)
(1) A person is exempt from the Act
, section 52 (1) (Unaccredited operators not to operate taxi services) in relation to the hiring of a taxi operated by the person if—
(a) the hiring is booked via—
(i) for a wheelchair-accessible taxi—a WTBS; or
(ii) a transport booking service; and
(b) the hiring starts in the ACT and finishes outside the ACT region; and
(c) the person is authorised to operate a taxi service, and provide that kind of hiring, under NSW law; and
(d) the person operates the service from an address outside the ACT region.
(2) A person is exempt from the Act
, section 60E (1) (Rideshare driver must be accredited) in relation to a rideshare operated by the person if—
(a) the rideshare is booked via a transport booking service; and
(b) the rideshare starts in the ACT and finishes outside the ACT region; and
(c) the person is authorised to operate a rideshare service, and provide that kind of rideshare, under NSW law; and
(d) the person operates the service from an address outside the ACT region.
(3) A person is exempt from the Act
, section 74 (1) (Unaccredited operators not to operate hire car services) in relation to the hiring of a hire car operated by the person if—
(a) the hiring starts in the ACT and finishes outside the ACT region; and
(b) the person is authorised to operate a hire car service, and provide that kind of hiring, under NSW law; and
(c) the person operates the service from an address outside the ACT region.
Note
NSW pick up, ACT drop off—exemption for NSW bookable vehicles.
A
NSW bookable vehicle that is hired in NSW may deliver a passenger to a
destination in the ACT without the service operator holding ACT accreditation
(see Act
221P Exemption for NSW bookable vehicles—ACT pick up, drop off inside ACT region—Act, s 128 (1) (a)
(1) A person is exempt from the Act
, section 52 (1) (Unaccredited operators not to operate taxi services) in relation to the hiring of a taxi operated by the person if—
(a) the hiring is booked via—
(i) for a wheelchair-accessible taxi—a WTBS; or
(ii) a transport booking service; and
(b) the hiring starts in the ACT and finishes in the ACT region; and
(c) the person is authorised to operate a taxi service, and provide that kind of hiring, under NSW law; and
(d) the person has notified the road transport authority of the person's intention to operate a taxi service in the ACT; and
Note If a form is approved under the Road Transport (General) Act 1999
, s 225 for this provision, the form must be used.
(e) the person operates the service from an address inside the ACT region; and
(f) any additional exemption criteria determined by the road transport authority under subsection (4) (a) are satisfied; and
(g) any exemption conditions determined by the road transport authority under subsection (4) (b) are complied with.
(2) A person is exempt from the Act, section 60E (1) (Rideshare driver must be accredited) in relation to a rideshare operated by the person if—
(a) the rideshare is booked via a transport booking service; and
(b) the rideshare starts in the ACT and finishes in the ACT region; and
(c) the person is authorised to operate a rideshare service, and provide that kind of rideshare, under NSW law; and
(d) the person has notified the road transport authority of the person's intention to operate a rideshare service in the ACT; and
Note If a form is approved under the Road Transport (General) Act 1999
, s 225 for this provision, the form must be used.
(e) the person operates the service from an address inside the ACT region; and
(f) any additional exemption criteria determined by the road transport authority under subsection (4) (a) are satisfied; and
(g) any exemption conditions determined by the road transport authority under subsection (4) (b) are complied with.
(3) A person is exempt from the Act, section 74 (1) (Unaccredited operators not to operate hire car services) in relation to the hiring of a hire car operated by the person if—
(a) the hiring is booked via a transport booking service; and
(b) the hiring starts in the ACT and finishes in the ACT region; and
(c) the person is authorised to operate a hire car service, and provide that kind of hiring, under NSW law; and
(d) the person has notified the road transport authority of the person's intention to operate a hire car service in the ACT; and
Note If a form is approved under the Road Transport (General) Act 1999
, s 225 for this provision, the form must be used.
(e) the person operates the service from an address inside the ACT region; and
(f) any additional exemption criteria determined by the road transport authority under subsection (4) (a) are satisfied; and
(g) any exemption conditions determined by the road transport authority under subsection (4) (b) are complied with.
(4) The road transport authority may determine—
(a) additional exemption criteria; and
(b) exemption conditions.
(5) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
Division 3A.5.4 Bookable vehicle licensees
221Q Meaning of bookable vehicle licensee—pt 3A.5
In this part:
"bookable vehicle licensee" means—
(a) a taxi licensee; or
(b) a rideshare vehicle licensee; or
(c) a hire car licensee.
Note 1 Taxi licence —see the Act
, s 37.
"Rideshare vehicle licence"—see the Act
, s 60J.
"Hire car licence"—see the Act
, s 61.
Note 2 The taxi licensee is also the taxi service operator for the taxi. The hire car licensee is also the hire car service operator for the hire car. However, a rideshare vehicle licensee is not the rideshare service operator—the rideshare driver is the rideshare service operator.
221R Bookable vehicle licensee—offensive material in vehicle
(1) A person commits an offence if the person—
(a) is a bookable vehicle licensee; and
(b) an advertisement, or other document, that a reasonable adult would consider indecent, insulting or offensive is displayed in the bookable vehicle.
Maximum penalty: 10 penalty units.
Note The dictionary definition of in a vehicle includes on the vehicle.
(2) The road transport authority, a police officer or an authorised person may direct a bookable vehicle licensee to remove an advertisement or other document that the authority, officer or person believes on reasonable grounds contravenes subsection (1).
(3) The bookable vehicle licensee must comply with a direction under subsection (2).
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
221S Bookable vehicle licensee—noncompliance notices
(1) A person commits an offence if—
(a) the person is a bookable vehicle licensee; and
(b) a noncompliance notice is in force for a bookable vehicle operated by the service; and
(c) the bookable vehicle is used for a hiring.
Maximum penalty: 20 penalty units.
Note Noncompliance notice —see the Act
, s 120 (1).
(2) An offence against this section is a strict liability offence.
Division 3A.5.5 Bookable vehicle drivers
221T Bookable vehicle driver—must have knowledge and skills
(1) A person commits an offence if—
(a) the person is a bookable vehicle driver; and
(b) a determination is in force under section 221U; and
(c) the person does not have the knowledge and skills required under the determination to be a bookable vehicle driver.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is a bookable vehicle driver; and
(b) a determination is in force under section 221U (Knowledge and skills to be bookable vehicle driver); and
(c) the person does not—
(i) keep a record of evidence that the person has the knowledge and skills required under the determination to be a bookable vehicle driver; and
(ii) provide the record, on request, to the road transport authority.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability offence.
221U Knowledge and skills to be bookable vehicle driver
(1) The road transport authority may determine the knowledge and skills required to be a bookable vehicle driver.
Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act
, s 48).
(2) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
221V Bookable vehicle driver—carrying goods in vehicle
(1) A person commits an offence if—
(a) the person is a bookable vehicle driver; and
(b) the person allows a passenger to place or carry a thing in the bookable vehicle; and
(c) the thing cannot be carried in the bookable vehicle without danger to someone.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply if the passenger has a disability and the thing is used by the passenger to alleviate the effect of the disability.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
221W Bookable vehicle driver—carrying animals in vehicle
(1) A person commits an offence if—
(a) the person is a bookable vehicle driver; and
(b) the person allows a passenger to place or carry an animal in the bookable vehicle; and
(c) the animal is not confined in a box, basket or other container.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply if the animal is a guide-dog or other animal assisting a person with disability.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
221X Bookable vehicle driver—offensive material in vehicle
(1) A person commits an offence if the person—
(a) is a bookable vehicle driver; and
(b) an advertisement or other document that a reasonable adult would consider indecent, insulting or offensive is displayed in the bookable vehicle.
Maximum penalty: 10 penalty units.
Note The dictionary definition of in a vehicle includes on the vehicle.
(2) The road transport authority, a police officer or an authorised person may direct a bookable vehicle driver to remove an advertisement or other document that the authority, officer or person believes on reasonable grounds contravenes subsection (1).
(3) The bookable vehicle driver must comply with a direction under subsection (2).
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
221Y Bookable vehicle driver—dropping off and picking up passengers
(1) A bookable vehicle driver—
(a) must refuse to stop the bookable vehicle at any place where stopping the vehicle would be unlawful; and
(b) may refuse to stop the bookable vehicle at any place where stopping the vehicle would be, in the driver's opinion, unsafe.
(2) However, the bookable vehicle driver may stop the bookable vehicle at a place (the preferred place ) where stopping the vehicle would otherwise be unlawful if—
(a) the driver is dropping off or picking up a person with a significant disability that affects the person's mobility; and
(b) there is no other place near the preferred place where the driver can lawfully and safely drop off or pick up the person; and
(c) stopping the vehicle in the preferred place is, in the driver's opinion, safe.
Examples—people with significant disabilities affecting mobility
1 a wheelchair-dependent person
2 a person who ordinarily uses a walking stick, crutches or a walking frame to move around outdoors
3 a person who is blind
Note An example is part of this regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
222 Bookable vehicle driver—must not tout for passengers
(1) A person commits an offence if the person—
(a) is a bookable vehicle driver; and
(b) touts for—
(i) passengers for the bookable vehicle; or
(ii) a hiring of the bookable vehicle.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
223 Bookable vehicle driver—notifiable accidents
(1) A person commits an offence if—
(a) the person is a bookable vehicle driver; and
(b) the bookable vehicle is involved in a notifiable accident; and
(c) the person fails to give, as soon as practicable (but within 24 hours) after the notifiable accident, written notice to the road transport authority of the following:
(i) the date and time when the accident happened;
(ii) the place where the accident happened.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is a bookable vehicle driver; and
(b) the bookable vehicle is involved in a notifiable accident; and
(c) the person fails to give, as soon as practicable (but within 5 days) after the day of a notifiable accident, written notice to the road transport authority of the following:
(i) the person's full name and home address;
(ii) the make, model and registration number of the bookable vehicle involved in the accident;
(iii) the circumstances of the accident;
(iv) the name and address of anyone killed or injured in the accident;
(v) if a person is injured—the kind of injuries sustained.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
(4) In this section:
"notifiable accident", for a bookable vehicle, means an accident or other incident in which the death of, or bodily injury to, a person is caused by, or arises out of the use of, the bookable vehicle.
224 Bookable vehicle driver—noncompliance notices
(1) A person commits an offence if—
(a) the person is a bookable vehicle driver; and
(b) a noncompliance notice is in force for the bookable vehicle; and
(c) the person uses the bookable vehicle for a hiring.
Maximum penalty: 20 penalty units.
Note Noncompliance notice —see the Act
, s 120 (1).
(2) An offence against this section is a strict liability offence.
(3) This section does not apply if a police officer or authorised person has, under the Act
, section 120 (Attachment and removal of noncompliance notices), directed that the notice be taken to have been removed.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
225 Bookable vehicle driver—directions by police officers or authorised people
(1) A police officer or authorised person may give a bookable vehicle driver a direction—
(a) to accept a particular hiring even though the driver could refuse to accept the hiring under section 129 (4) (Wheelchair-accessible taxi driver—must preferentially accept hirings for wheelchair-dependent people); or
(b) about how a particular hiring is to be carried out.
(2) However, the police officer or authorised person may not give a direction that would involve the driver committing an offence (other than an offence against this regulation).
(3) A person commits an offence if the person—
(a) is a bookable vehicle driver; and
(b) is given a direction under subsection (1); and
(c) fails to comply with the direction.
Maximum penalty: 5 penalty units.
(4) Subsection (3) does not apply if the driver has a reasonable excuse for failing to comply with the direction.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
(5) If a bookable vehicle driver carries out a hiring in accordance with a direction under subsection (1)—
(a) the driver is exempt from any provision of this regulation that would otherwise prohibit the driver from carrying out the hiring in accordance with the direction; and
(b) the Territory must pay the driver, in addition to the fare, reasonable compensation for any damage, injury, loss of time or other harm incurred by the driver because of the driver's compliance with the direction.
Division 3A.5.6 Bookable vehicle passengers
226 Bookable vehicle passenger—offensive behaviour or language
(1) A person commits an offence if the person—
(a) is a bookable vehicle passenger; and
(b) does any of the following in a bookable vehicle:
(i) uses offensive language;
(ii) behaves in an offensive way;
(iii) behaves in an aggressive or menacing way.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
227 Bookable vehicle passenger—carrying animals in vehicle
(1) A person commits an offence if—
(a) the person is a bookable vehicle passenger; and
(b) the person places or carries an animal in the bookable vehicle; and
(c) the animal is not confined in a box, basket or other container.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply if the animal is a guide-dog or other animal assisting a person with disability.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
228 Bookable vehicle passenger—lost property
(1) A person commits an offence if the person—
(a) is a bookable vehicle passenger; and
(b) finds something in the bookable vehicle; and
(c) fails to give the thing to—
(i) its owner; or
(ii) the bookable vehicle driver; or
(iii) the transport booking service through which the person booked the bookable vehicle; or
(iv) a police officer; or
(v) an authorised person.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
229 Bookable vehicle passenger—direction to get out of vehicle
(1) A bookable vehicle driver, police officer or authorised person may direct a person not to get into, or to get out of, a bookable vehicle if the driver, police officer or authorised person believes on reasonable grounds that—
(a) the person, the person's clothing or goods (or anything else on or carried by the person) may soil or damage the bookable vehicle or the clothing or goods of someone else; or
(b) any of the person's goods cannot, because of their size or dimensions, be carried in the bookable vehicle without inconvenience or danger to someone else; or
(c) the person is—
(i) under the influence of alcohol or a drug; and
(ii) causing, or likely to cause, a nuisance or annoyance to someone else; or
(d) committing an offence under this division.
(2) Subsection (1) (b) does not apply if the person has a disability and the thing is used by the person to alleviate the effect of the disability.
(3) A person commits an offence if the person—
(a) is given a direction under subsection (1); and
(b) does not comply with the direction.
Maximum penalty: 5 penalty units.
(4) An offence against this section is a strict liability offence.
(5) A police officer may remove a person from a bookable vehicle if the person is given a direction under subsection (1) and the person does not comply with the direction.