Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Part 3A.3 Ridesharing
Note 1 A rideshare driver must—
(a) hold a driver licence (or exemption) to drive a public vehicle under the Road Transport (Driver Licensing) Act 1999
(see s 164Q); and
(b) be accredited to operate a rideshare service under the Act
, s 60E.
Note 2 The registered operator of a rideshare vehicle is responsible for—
(a) the vehicle's registration under the Road Transport (Vehicle Registration) Act 1999
; and
(b) holding a rideshare vehicle licence for the vehicle under the Act
, s 60J.
Division 3A.3.1 Rideshare vehicle licences
164 Rideshare vehicle licence—application
(1) The registered operator of a vehicle may apply to the road transport authority for a rideshare vehicle licence.
(2) The application must—
(a) be in writing; and
(b) state, for each relevant person for the application—
(i) the person's name; and
(ii) the person's date of birth; and
(iii) whether the person is—
(A) an Australian citizen; or
(B) a permanent resident; or
(C) a temporary resident who holds a visa that allows the person to hold a rideshare vehicle licence; and
(iv) whether the person is disqualified from applying for the licence; and
Note A person may be disqualified from applying for a licence for a period of time if another licence has been suspended or cancelled (see s 322).
(v) the registration number of the vehicle to be licensed; and
(c) be accompanied by a rideshare vehicle compliance certificate for the vehicle, issued not more than 1 month before the date of the application.
(3) In this section:
"authorised examiner"—see the Road Transport (Vehicle Registration) Regulation 2000
"certificate of inspection" means a certificate of inspection issued under the Road Transport (Vehicle Registration) Regulation 2000
, section 146 (Issue of certificates of inspection etc).
"registered operator", for a vehicle—see the Road Transport (Vehicle Registration) Act 1999
, dictionary.
"relevant person", for an application for a rideshare vehicle licence means—
(a) if the applicant is an individual––the applicant; or
(b) if the applicant is a corporation—each executive officer of the corporation.
"rideshare vehicle compliance certificate "means a certificate of inspection—
(a) issued by an authorised examiner at a vehicle inspection station; and
(b) certifying that the vehicle, and its parts and equipment, comply with the applicable vehicle standards for the vehicle.
"vehicle inspection station"—see the Road Transport (Vehicle Registration) Regulation 2000
, dictionary.
Note 1 Giving false or misleading information is an offence against the Criminal Code
, s 338.
Note 2 If a form is approved under the Road Transport (General) Act 1999
, s 225 for this provision, the form must be used.
Note 3 A fee may be determined under the Road Transport (General) Act 1999
, s 96 for this provision.
164A Rideshare vehicle licence—further information
(1) This section applies if the road transport authority is deciding whether to issue a rideshare vehicle licence.
(2) The authority may, by written notice given to the applicant (an information notice ), require the applicant to give the authority stated further information about the application, not later than a stated reasonable time.
(3) The authority need not decide the application if—
(a) the authority has given the applicant an information notice; and
(b) the applicant does not comply with the notice.
164B Rideshare vehicle licence—decision on application
(1) This section applies if the road transport authority receives an application for a rideshare vehicle licence under section 164 (1).
(2) The road transport authority must issue the licence to the applicant if satisfied that—
(a) each relevant person for the application is—
(i) an Australian citizen; or
(ii) a permanent resident; or
(iii) a temporary resident who holds a visa that allows the person to hold a rideshare vehicle licence; and
(b) no relevant person for the application is disqualified from applying for the licence; and
Note A person may be disqualified from applying for a licence for a period of time if another licence has been suspended or cancelled (see s 322).
(c) the vehicle—
(i) is a registered vehicle; and
(ii) is a suitable vehicle; and
(iii) complies with the applicable vehicle standards for the vehicle.
(3) The road transport authority must, not later than the required time—
(a) decide the application; and
(b) tell the applicant about the decision on the application.
(4) In this section:
"ambulance"—see the Road Transport (Third-Party Insurance) Regulation 2008
, schedule 1, section 1.1.
"bus"—see the Road Transport (Third-Party Insurance) Regulation 2008
, schedule 1, section 1.1.
"motorcycle"—see the Road Transport (Third-Party Insurance) Regulation 2008
, schedule 1, section 1.1.
"police vehicle"—see the Road Transport (Third-Party Insurance) Regulation 2008
, schedule 1, section 1.1.
"relevant person", for an application for a rideshare vehicle licence—see section 164 (3).
"required time" means the latest of the following:
(a) if the road transport authority requires the applicant to give the authority further information under section 164A (Rideshare vehicle licence—further information)—28 days after the day the road transport authority receives the information;
(b) 28 days after the day the road transport authority receives the application.
Note Failure to issue a licence within the required time is taken to be a decision not to issue the licence (see ACT Civil and Administrative Tribunal Act 2008
, s 12).
"suitable vehicle" means a motor vehicle built mainly to carry people but does not include the following:
(a) an ambulance;
(b) a bus;
(c) a demand responsive service vehicle;
(d) a motorcycle;
(e) a police vehicle.
164C Rideshare vehicle licence—licence labels
If the road transport authority issues a rideshare vehicle licence to a person, the authority must also issue to the person a label for the licensed vehicle (a rideshare vehicle licence label ).
Note The label may need to be displayed in the rideshare vehicle (see s 164O and s 164S).
164D Rideshare vehicle licence—conditions
(1) A rideshare vehicle licence is subject to any condition imposed by the road transport authority when the licence is issued, renewed or amended.
(2) A person commits an offence if the person—
(a) is a rideshare vehicle licensee; and
(b) does not comply with a condition of the licence.
Maximum penalty: 20 penalty units.
164E Rideshare vehicle licence—term
(1) A rideshare vehicle licence comes into force on the day it is issued.
(2) The road transport authority must not issue a rideshare vehicle licence for longer than 6 years.
(3) A rideshare vehicle licence expires on the day stated in the licence.
164F Rideshare vehicle licence—form
(1) A rideshare vehicle licence must—
(a) be in writing; and
(b) include the following information:
(i) the licensee's full name and address;
(ii) the registration number of the licensed vehicle; and
(iii) the expiry date of the licence.
(2) A rideshare vehicle licence may also include anything else the road transport authority considers appropriate.
164G Rideshare vehicle licence—not transferable
A rideshare vehicle licence is not transferable.
164H Rideshare vehicle licence—amendment initiated by authority
(1) The road transport authority may, by written notice (an amendment notice ) given to a rideshare vehicle licensee, amend the licence.
Note The power to make an instrument includes the power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act
, s 46).
(2) However, the authority may amend the licence only if—
(a) the authority has given the licensee written notice of the proposed amendment (a proposal notice ); and
(b) the proposal notice states that written submissions about the proposal may be made to the authority before the end of a stated period of at least 14 days after the day the proposal notice is given to the licensee; and
(c) after the end of the stated period, the authority has considered any submissions made in accordance with the proposal notice.
(3) Subsection (2) does not apply to a licensee if the licensee applied for, or agreed in writing to, the amendment.
(4) The amendment takes effect on the day the amendment notice is given to the licensee or a later day stated in the notice.
164I Rideshare vehicle licence—amendment initiated by licensee
(1) A rideshare vehicle licensee may apply to the road transport authority to amend the licence.
Note 1 If a form is approved under the Road Transport (General) Act 1999
, s 225 for this provision, the form must be used.
Note 2 A fee may be determined under the Road Transport (General) Act 1999
, s 96 for this provision.
(2) The authority may amend the licence only if satisfied that, were the application for amendment an application for a licence, the authority would issue the licence as amended.
(3) If the authority decides to amend the licence, the authority may impose or amend a condition on the licence.
(4) The authority must, not later than 28 days after the day the authority receives the application—
(a) decide the application; and
(b) tell the licensee about the decision.
Note Failure to amend a licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative Tribunal Act 2008
, s 12).
164J Rideshare vehicle licence—application for renewal
(1) A rideshare vehicle licensee may apply to the road transport authority to renew the licence for a period not longer than 6 years.
Note 1 If a form is approved under the Road Transport (General) Act 1999
, s 225 for this provision, the form must be used.
Note 2 A fee may be determined under the Road Transport (General) Act 1999
, s 96 for this provision.
(2) The application must be—
(a) in writing; and
(b) made at least 14 days before the licence expires.
(3) However, the authority may extend the time for making an application.
Note A licensee may apply to the road transport authority for the time to be extended, and the road transport authority may extend the time, even though the time has ended (see Legislation Act
, s 151C).
(4) If a licensee applies to renew a licence under this section, the licence remains in force until the application is decided.
164K Rideshare vehicle licence—decision on application for renewal
(1) This section applies if the road transport authority receives an application for renewal of a rideshare vehicle licence under section 164J.
(2) The authority may renew the licence only if satisfied that—
(a) the vehicle continues to—
(i) be a registered vehicle; and
(ii) be a suitable vehicle; and
(iii) comply with the applicable vehicle standards for the vehicle; and
(b) the licensee is not disqualified from applying for a rideshare vehicle licence.
Note A person may be disqualified from applying for a licence for a period of time if another licence has been suspended or cancelled (see s 322).
(3) The road transport authority may refuse to renew the licence if—
(a) the authority believes on reasonable grounds that the licensee has contravened a condition of the licence or another rideshare vehicle licence; or
(b) another rideshare vehicle licence, or an accreditation to operate any kind of public passenger service, held by the licensee is suspended under chapter 8 (Disciplinary action).
(4) If the authority decides to renew the licence, the authority may impose or amend a condition on the licence.
(5) The authority must, not later than 28 days after the day the authority receives the application—
(a) decide the application for renewal; and
(b) tell the licensee about the decision.
Note Failure to renew a licence within the required time is taken to be a decision not to renew the licence (see ACT Civil and Administrative Tribunal Act 2008
, s 12).
(6) In this section:
"suitable vehicle"—see section 164B (Rideshare vehicle licence—decision on application).
164L Rideshare vehicle licence—must update name and address
(1) A person commits an offence if—
(a) the person is a rideshare vehicle licensee; and
(b) the person's name or address changes; and
(c) the person does not, within 14 days after the change, give the road transport authority—
(i) written notice of the change; and
(ii) the licence.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
(3) If a rideshare vehicle licensee gives the road transport authority written notice of a change to the person's name or address and the licence, the authority must enter the changed details on the licence and return it to the licensee.
164M Rideshare vehicle licence—surrender
(1) A rideshare vehicle licensee may surrender the licence by giving written notice of the surrender to the road transport authority.
(2) The surrender notice must be accompanied by—
(a) the licence and licence label; or
(b) if the licence, or licence label, has been lost, stolen or destroyed—a statement verifying that the licence, or licence label, has been lost, stolen or destroyed.
Note 1 If a form is approved under the Road Transport (General) Act 1999
, s 225 for this provision, the form must be used.
Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code
, pt 3.4).
164N Rideshare vehicle licence and label—replacing when lost, stolen or destroyed
(1) The road transport authority may issue a replacement rideshare vehicle licence to a rideshare vehicle licensee if satisfied the licensee's original licence has been lost, stolen or destroyed.
(2) The road transport authority may issue a replacement rideshare vehicle licence label to a rideshare vehicle licensee if satisfied the licensee's original licence label has been lost, stolen or destroyed.
(3) For subsections (1) and (2), the road transport authority may require the licensee to give the authority a statement verifying that the original licence, or label, has been lost, stolen or destroyed.
Note 1 A fee may be determined under the Road Transport (General) Act 1999
, s 96 for this provision.
Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code
, pt 3.4).
164O Rideshare vehicle licensee—must make label available to rideshare driver
(1) A person commits an offence if the person—
(a) is a rideshare vehicle licensee; and
(b) does not make the rideshare vehicle licence label for the vehicle available to the rideshare driver before a rideshare is to begin.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if—
(a) the road transport authority has agreed to the rideshare vehicle being identified in another way; and
(b) the rideshare vehicle is identified in the other way.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
164P Rideshare vehicle licensee—must not advertise ridesharing
(1) A person commits an offence if the person—
(a) is a rideshare vehicle licensee; and
(b) advertises that the rideshare vehicle is used to provide a rideshare service.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
Division 3A.3.2 Rideshare drivers
Note 1 Accreditation of rideshare drivers is dealt with in ch 2.
Note 2 All rideshare drivers must be affiliated with a transport booking service (see Act
, s 36F).
164Q Rideshare driver—must hold appropriate driver licence
(1) A person commits an offence if the person—
(a) is a rideshare driver; and
(b) is not either—
(i) the holder of a public vehicle licence to drive a rideshare vehicle; or
(ii) exempt from holding a public vehicle licence 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)).
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
164R Rideshare driver—must only accept bookings from accredited transport booking service
(1) A person commits an offence if—
(a) the person is a rideshare driver; and
(b) the person accepts a rideshare booking other than via an accredited transport booking service.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
164S Rideshare driver—must display label
(1) A person commits an offence if—
(a) the person is a rideshare driver; and
(b) the rideshare vehicle licence label for the rideshare vehicle is not, during the rideshare, displayed in or on the vehicle—
(i) so the information on the label is readable from the outside of the rideshare vehicle; and
(ii) if the rideshare vehicle has a windscreen or fixed window—
(A) to the lower left side (or nearside) of the windscreen; or
(B) to a fixed window on the left side (or nearside) of the rideshare vehicle.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if—
(a) the road transport authority has agreed to the rideshare vehicle being identified in another way; and
(b) the rideshare vehicle is identified in the other way.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
164T Rideshare driver—must produce rideshare vehicle licence and label for inspection
(1) A person commits an offence if—
(a) the person is a rideshare vehicle driver; and
(b) a police officer or authorised person requires the person to produce the rideshare vehicle licence for the rideshare vehicle for inspection; and
(c) the person fails to produce the licence for inspection.
Maximum penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person—
(a) has a reasonable excuse for failing to produce the licence when required to do so; and
(b) within 3 days after being required to produce the licence, produces the licence at the place directed by the police officer or authorised person.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
(3) A person commits an offence if—
(a) the person is a rideshare vehicle driver; and
(b) a police officer or authorised person requires the person to produce the licence label for the rideshare vehicle for inspection; and
(c) the person fails to produce the label for inspection.
Maximum penalty: 5 penalty units.
(4) Subsection (3) does not apply if—
(a) the person—
(i) has a reasonable excuse for failing to produce the label when required to do so; and
(ii) within 3 days after being required to produce the label, produces the label at the place directed by the police officer or authorised person; or
(b) if the road transport authority has agreed to the rideshare vehicle being identified in another way—the rideshare vehicle is identified in the other way.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
164U Rideshare driver—advertising
(1) A person commits an offence if the person—
(a) is a rideshare driver; and
(b) advertises—
(i) on the rideshare vehicle that the person is a rideshare driver; or
(ii) that the rideshare driver is immediately available to provide a rideshare.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.