Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Chapter 3A Bookable vehicles
Part 3A.1 Transport booking services
Division 3A.1.1 Transport booking services—generally
Note Some taxi drivers and taxi service operators must be affiliated with a transport booking service (see Act
, s 36E).
All rideshare drivers must be affiliated with a transport booking service (see Act
, s 36F).
Hire car drivers and hire car service operators may be affiliated with a transport booking service.
70A Meaning of affiliated driver , affiliated hire car driver and affiliated taxi driver
In this regulation:
"affiliated driver", for a transport booking service, includes a driver for an affiliated operator for the transport booking service.
Note Affiliated driver —see the Act
, s 35.
"Affiliated operator"—see the Act
, s 36B.
affiliated hire car driver , for a transport booking service, means the following hire car drivers:
(a) a hire car driver who has an affiliated driver agreement with the booking service;
(b) a hire car driver for a hire car service operator who is an affiliated operator for the transport booking service.
"affiliated taxi driver", for a transport booking service, means the following taxi drivers:
(a) a taxi driver who has an affiliated driver agreement with the booking service;
(b) a taxi driver for a taxi service operator who is an affiliated operator for the transport booking service.
70B Transport booking service—must ensure affiliated drivers have required knowledge and skills
(1) A person commits an offence if—
(a) the person is a transport booking service; and
(b) a determination is in force under section 221U (Knowledge and skills to be bookable vehicle driver); and
(c) the person does not take reasonable steps to ensure that each affiliated driver has the knowledge and skills required under the determination to be a bookable vehicle driver.
Maximum penalty: 20 penalty units.
(2) This section does not apply in relation to an affiliated wheelchair-accessible taxi driver.
Note Transport booking services must also ensure affiliated drivers are licensed (see Act
, s 36G).
70C Transport booking service—must ensure bookable vehicle is licensed
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) does not take reasonable steps to ensure that each—
(i) taxi to be used by an affiliated taxi driver is a licensed taxi; and
(ii) rideshare vehicle to be used by an affiliated rideshare driver is a licensed rideshare vehicle; and
(iii) hire car to be used by an affiliated hire car driver is a licensed hire car.
Maximum penalty: 20 penalty units.
(2) This section does not apply to a WTBS.
70D Transport booking service—must be available to take bookings
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) has affiliated taxi drivers; and
(c) does not take reasonable steps to ensure that the booking service is available at all times to—
(i) accept bookings from people for taxis; and
(ii) communicate the bookings to affiliated taxi drivers.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if the person—
(a) is a transport booking service; and
(b) has affiliated rideshare drivers; and
(c) does not take reasonable steps to ensure that the booking service is available at all times to—
(i) accept bookings from people for rideshare vehicles; and
(ii) communicate the bookings to affiliated rideshare drivers.
Maximum penalty: 20 penalty units.
(3) This section does not apply to a WTBS.
70E Transport booking service—must give fare estimate and vehicle identifier
(1) A person commits an offence if—
(a) the person is a transport booking service; and
(b) the person communicates a hirer's booking to a bookable vehicle driver; and
(c) the Minister has not determined a maximum fare, or a way of calculating a maximum fare, for the hiring; and
Note The Minister may determine fares and ways of calculating fares under the Act
, s 60, s 60Q and s 79A.
(d) the person does not, before the hiring begins, make available to the hirer an option to obtain an estimate of the fare for the hiring.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if the person—
(a) is a transport booking service; and
(b) communicates a hirer's booking to—
(i) a rideshare driver; or
(ii) a hire car driver; and
(c) does not, before the hiring begins, give the hirer sufficient information for the hirer to identify the booked vehicle and driver.
Note A taxi must have identifying signs and livery (see s 107).
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
Division 3A.1.2 Transport booking services—records
70F Meaning of affiliated driver record and affiliated operator record—div 3A.1.2
In this division:
"affiliated driver record" means a record of the following details for the affiliated driver:
(a) the affiliated driver's full name, home address and date of birth;
(b) the affiliated driver's prescribed driver authority information;
Note Prescribed driver authority information —see the dictionary.
(c) if a determination is in force under section 221U (Knowledge and skills to be bookable vehicle driver)—evidence that the affiliated driver has the knowledge and skills required under the determination to be a bookable vehicle driver;
(d) for an affiliated taxi driver—whether the affiliated driver has—
(i) successfully completed an approved wheelchair-accessible taxi driver training course; or
(ii) been exempted by the road transport authority under section 160 (Authority may exempt wheelchair-accessible taxi drivers from approved training course) from the requirement to successfully complete the course;
(e) the registration number of each bookable vehicle used by the affiliated driver to carry out each hiring booked via the transport booking service.
Note Taxi drivers must be affiliated drivers unless their taxi service operator is an affiliated operator or an independent taxi service operator (see Act
, s 36E).
Rideshare drivers must be affiliated drivers (see Act
, s 36F).
Hire car drivers may be
affiliated drivers.
"affiliated operator record", for an affiliated operator for a transport booking service, means a record of the following details for the operator:
(a) the operator's full name and home address;
(b) if the operator is—
(i) an individual—the operator's date of birth; or
(ii) a corporation—the operator's ACN;
(c) the operator's accreditation number;
(d) the kind of public passenger service the operator is accredited to operate;
(e) the expiry date of the accreditation;
(f) the registration numbers of the bookable vehicles used by the operator to operate the public passenger service via the transport booking service.
Note Taxi service operators must be affiliated operators unless they are independent taxi service operators (see Act
, s 36E).
Hire car service operators may be affiliated operators.
70G Transport booking service—affiliated driver records
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) does not—
(i) keep an affiliated driver record for each affiliated driver for the transport booking service; and
(ii) take reasonable steps to ensure each affiliated driver record is up-to-date.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if the person—
(a) is or has been a transport booking service; and
(b) does not keep each affiliated driver record for at least 2 years after the last date on which the driver carried out a booking via the transport booking service.
Maximum penalty: 10 penalty units.
(3) A person commits an offence if the person—
(a) is or has been a transport booking service; and
(b) does not provide an affiliated driver record, on request, to—
(i) the road transport authority; or
(ii) a police officer; or
(iii) a member of an emergency service.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
70H Transport booking service—affiliated operator records
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) does not—
(i) keep an affiliated operator record for each affiliated operator for the transport booking service; and
(ii) take reasonable steps to ensure each affiliated operator record is up-to-date.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if the person—
(a) is or has been a transport booking service; and
(b) does not keep each affiliated operator record for at least 2 years after the last date on which a driver for the operator carried out a booking via the transport booking service.
Maximum penalty: 10 penalty units.
(3) A person commits an offence if the person—
(a) is or has been a transport booking service; and
(b) does not provide an affiliated operator record, on request, to—
(i) the road transport authority; or
(ii) a police officer; or
(iii) a member of an emergency service.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
70I Transport booking service—bookable vehicle records
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) does not—
(i) keep a bookable vehicle record for each bookable vehicle used by a bookable vehicle driver to carry out a booking via the transport booking service; and
(ii) take reasonable steps to ensure each bookable vehicle record is up-to-date.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if the person—
(a) is or has been a transport booking service; and
(b) does not keep each bookable vehicle record for at least 2 years after the last date on which a bookable vehicle driver used the vehicle to carry out a booking via the transport booking service.
Maximum penalty: 10 penalty units.
(3) A person commits an offence if the person—
(a) is or has been a transport booking service; and
(b) does not provide a bookable vehicle record, on request, to—
(i) the road transport authority; or
(ii) a police officer; or
(iii) a member of an emergency service.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
(5) In this section:
"bookable vehicle record", for a bookable vehicle used to operate a public passenger service via a transport booking service, means a record of the following details for the vehicle:
(a) the vehicle's registration number;
(b) the name of each affiliated driver and affiliated operator who uses the vehicle to operate a public passenger service via the transport booking service.
70J Transport booking service—booking records
(1) A person commits an offence if the person—
(a) is a transport booking service; and
(b) does not make a booking record for each bookable vehicle hiring booked via the transport booking service.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if the person—
(a) is or has been a transport booking service; and
(b) does not keep each booking record for at least 2 years after the date the hiring was carried out.
Maximum penalty: 10 penalty units.
(3) A person commits an offence if the person—
(a) is or has been a transport booking service; and
(b) does not provide a booking record, on request, to—
(i) the road transport authority; or
(ii) a police officer; or
(iii) a member of an emergency service.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
(5) In this section:
"booking record", for a bookable vehicle hiring booked via a transport booking service, means a record of the following details for the hiring:
(a) the name or driver number of the bookable vehicle driver;
(b) the registration number of the bookable vehicle;
(c) the name or passenger number of the person who booked the hiring;
(d) when and where the first passenger for the hiring was picked up;
(e) when and where the last passenger for the hiring was dropped off;
(f) the fare paid.
"driver number", for an affiliated driver for a transport booking service, means a unique identifying number given to the driver by the booking service.
"passenger number", for a person who books a hiring via a transport booking service, means a unique identifying number given to the person by the booking service.
70K Road transport authority to share information
(1) If a transport booking service has given the road transport authority an affiliated driver record, the road transport authority must tell the transport booking service the following matters about the driver:
(a) any change in the prescribed driver authority information for the driver;
Note Prescribed driver authority information —see the dictionary.
(b) the suspension or cancellation of a public vehicle licence held by the driver;
(c) the ending of any exemption for the driver under the Road Transport (Driver Licensing) Regulation 2000
, section 94A (Exemption of drivers of public vehicles driven for hire or reward—Act
, s 31 (1) (b)).
(2) If a transport booking service has given the road transport authority an affiliated operator record, the road transport authority must tell the transport booking service the following matters about the affiliated operator:
(a) the suspension or cancellation of the operator's accreditation;
(b) the suspension or cancellation of any taxi licence or hire car licence held by the operator.
(3) If a transport booking service has given the road transport authority a bookable vehicle record, the road transport authority must tell the transport booking service the following matters about the bookable vehicle:
(a) the suspension or cancellation of the vehicle's registration;
(b) the suspension or cancellation of the vehicle's—
(i) for a taxi—taxi licence; or
(ii) for a rideshare vehicle—rideshare vehicle licence; or
(iii) for a hire car—hire car licence.
Division 3A.1.3 Transport booking services—wheelchair-accessible taxis
70L Meaning of wheelchair-accessible taxi booking service ( WTBS )
In this regulation:
"wheelchair-accessible taxi booking service" ("WTBS") means a transport booking service that accepts bookings only for wheelchair-accessible taxis for wheelchair-dependent people.
Note Transport booking service —see the Act
, s 28.
"Wheelchair-accessible taxi"—see
s 82.
"Wheelchair-dependent person"—see the dictionary.
70M Transport booking service—must direct wheelchair-accessible taxi booking to WTBS
(1) A person commits an offence if—
(a) the person is a transport booking service other than a WTBS; and
(b) someone requests a wheelchair-accessible taxi booking via the transport booking service; and
(c) the booking is for a wheelchair-dependent person; and
(d) there is a WTBS operating in the Territory; and
(e) the person fails to, without delay, direct the booking request to a WTBS.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
70N Transport booking service—must direct driver to accept wheelchair-accessible taxi hiring
(1) A person commits an offence if—
(a) the person is a transport booking service; and
(b) someone requests a wheelchair-accessible taxi booking via the transport booking service; and
(c) the booking is for a wheelchair-dependent person; and
(d) there is no WTBS operating in the Territory; and
(e) a wheelchair-accessible taxi operated by an affiliated driver, or affiliated operator, for the transport booking service is available for hire; and
(f) the taxi's driver does not accept an offer of the booking; and
(g) the person fails to, without delay, direct the driver to accept the booking.
Maximum penalty: 10 penalty units.
Note It is an offence for a wheelchair-accessible taxi driver to not comply with the direction (see s 114 (2)).
(2) An offence against this section is a strict liability offence.
70O Transport booking service—must give estimated arrival time for wheelchair-accessible taxis
(1) A person commits an offence if—
(a) the person is a transport booking service; and
(b) someone (a passenger ) books a wheelchair-accessible taxi through the transport booking service; and
(c) the transport booking service fails to, without delay, tell the passenger the estimated time when, or period within which, the taxi will arrive at the place where the taxi is to pick up the passenger.
Maximum penalty: 10 penalty units.
Note If a WTBS is operating in the Territory, the transport booking service must direct any request for a wheelchair-accessible taxi booking to a WTBS (see s 70M).
(2) An offence against this section is a strict liability offence.
70P WTBS—service contracts
(1) The road transport authority may, on behalf of the Territory, enter into a contract (a service contract ) with a person (the WTBS operator ) for the person to operate a WTBS.
(2) A service contract must state whether the right given under the contract to operate a WTBS is an exclusive right to operate the service.
(3) A service contract may make provision for the operation of a WTBS and the administration of the contract, including, for example—
(a) service requirements under the contract; and
(b) the transfer, suspension, cancellation and surrender of the contract; and
(c) the fees (if any) payable under the contract; and
(d) the adjustment of payments and refunds for any contract fees; and
(e) financial or other remedies for breaches of the contract; and
(f) the records (including accounts) to be made and kept, how they are to be made and kept, and their inspection; and
(g) the provision of information and reports to the road transport authority about the WTBS and the verification of the information and reports.
Examples—par (a)
1 communication options required to meet customer needs
2 procedures to deal with failure of technical equipment
3 recording and resolution of customer complaints
Note 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
70Q WTBS—entitlement to operate
(1) A person is entitled to operate a WTBS in the ACT only if the person holds a service contract for the service.
(2) A person commits an offence if the person—
(a) operates a WTBS in the ACT; and
(b) is not entitled to operate the service.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability offence.
70R WTBS—exemption for WTBS operators—Act, s 128 (1) (b)
(1) The road transport authority may exempt a WTBS operator from the following provisions:
(a) the Act
, section 32 (Transport booking service must be accredited);
(b) the Act
, section 36G (Transport booking service—responsibilities).
(2) An exemption is subject to—
(a) the condition that the WTBS operator does not breach the WTBS operator's service contract; and
(b) any other condition the road transport authority considers appropriate.
(3) The road transport authority may end an exemption if it is satisfied on reasonable grounds that the WTBS operator—
(a) is in breach of a condition of the exemption; or
(b) has failed to comply with a requirement of the road transport legislation (other than the legislation mentioned in subsection (1)).
(4) If the road transport authority decides to end an exemption, the authority must give the WTBS operator written notice stating—
(a) that the authority has decided to end the exemption; and
(b) the grounds for ending the exemption; and
(c) when the exemption ends; and
(d) any additional information the road transport authority considers appropriate.
Note 1 For how documents may be given, see the Legislation Act
, pt 19.5.
Note 2 For when a posted notice is taken to be given, see the Road Transport (General) Regulation 2000
, s 9B.
70S WTBS—approval of procedures and rules
(1) The road transport authority may approve a WTBS's procedures and rules for wheelchair-accessible taxi service operators and wheelchair-accessible taxi drivers (the WTBS's approved procedures and rules ).
(2) An approved procedure or rule is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
70T WTBS—must direct driver to accept wheelchair-accessible taxi hiring
(1) A person commits an offence if—
(a) the person is a WTBS; and
(b) someone requests a wheelchair-accessible taxi booking through the WTBS; and
(c) the booking is for a wheelchair-dependent person; and
(d) a wheelchair-accessible taxi is available for hire via the WTBS; and
(e) the taxi's driver does not accept an offer of the booking from the WTBS; and
(f) the WTBS fails to, without delay, direct the driver to accept the booking.
Maximum penalty: 10 penalty units.
Note It is an offence for a wheelchair-accessible taxi driver to not comply with the direction (see s 114 (2)).
(2) An offence against this section is a strict liability offence.