Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see s 3)
Part 1.1 Road Transport (Driver Licensing) Regulation 2000
substitute
2 | taxi | T |
| 2A | rideshare vehicle | C |
[1.2] Section 62
substitute
62 Eligibility to apply for public vehicle licence
(1) A person is eligible to apply to the road transport authority for the issue of a full licence as, or the variation of a full licence to include, a public vehicle licence for a kind of public vehicle if the person satisfies—
(a) the personal eligibility requirements in subsection (3); and
(b) the licensing eligibility requirements in subsection (4).
(2) Subsection (1) is subject to section 66 (Eligibility to apply for licence if disqualified or licence suspended).
(3) The following requirements are the personal eligibility requirements for a public vehicle licence:
(a) the person has the skills to drive the public vehicle in the application;
(b) the person is a suitable person to drive the public vehicle in the application;
Note Suitability to drive a public vehicle is further dealt with in s 70 (3).
(c) the person is medically fit to hold a public vehicle licence;
Note Medically fit —see s (7).
(d) the person is—
(i) an Australian citizen; or
(ii) a permanent resident; or
(iii) a temporary resident who holds a visa that allows the person to work as a public vehicle driver;
(e) for a public vehicle licence to drive a taxi—the person is—
(i) certified by the road transport authority as meeting the determined minimum English language standards; or
Note For the minimum English language standards, see s (5).
(ii) a citizen, or passport holder, of any of the following countries:
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) Republic of Ireland;
(E) United Kingdom;
(F) USA.
(4) The following requirements are the licensing eligibility requirements for a public vehicle licence:
(a) for a public vehicle licence to drive a public bus––
(i) the person holds a full licence to drive the kind of public bus in the application or a licence of a higher class; and
Examples
1 A person who applies for a public vehicle licence to drive a small bus (with a GVM not over 4.5t) that is equipped to seat 11 adults (including the driver) requires a full car licence (see table 9, item 2).
2 A person who applies for a public vehicle licence to drive a bus (with a GVM over 4.5t, but not over 8t) that is equipped to seat 15 adults (including the driver) requires a full light rigid vehicle licence (see table 9, item 3).
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
(ii) the person has held the licence, or an Australian driver licence that corresponds to a licence mentioned in subparagraph (i), for at least 1 year (or for periods totalling 1 year) in the previous 3 years;
(b) for a public vehicle licence to drive a taxi––the person holds a full car licence or a full licence of a higher class;
(c) for a public vehicle licence to drive a hire car—
(i) that is a motorbike––
(A) the person holds a full motorcycle licence; and
(B) the person has held a full motorcycle licence, or an Australian driver licence that corresponds to a full motorcycle licence, for at least 1 year (or periods totalling 1 year) in the previous 3 years; or
(ii) that is not a motorbike––the person holds a full car licence or a full licence of a higher class;
(d) for a public vehicle licence to drive a rideshare vehicle––the person holds a full car licence or a full licence of a higher class;
(e) for a public vehicle licence to drive a DRS vehicle––the person—
(i) holds a full car licence or a full licence of a higher class; and
(ii) has held the licence, or an Australian driver licence that corresponds to a licence mentioned in subparagraph (i), for at least 1 year (or for periods totalling 1 year) in the previous 3 years;
(f) if the person does not hold a public vehicle licence to drive the public vehicle in the application—
(i) for a public bus or DRS vehicle—the person has successfully completed an approved public vehicle driver training course to drive a public bus or DRS vehicle in the year before the application is made; or
Note Approved public vehicle driver training course —see s 65.
(ii) for a taxi, hire car or rideshare vehicle—the person has successfully completed any determined training requirements; or
Note Determined training requirements —see s 65.
(iii) the road transport authority has, under section 67 (4), exempted the person from the requirement in subparagraph (i) or (ii).
Note Under s 68 (1) periods of licence suspension or disqualification are not counted and every other period when the person has, during the 3-year period, held a full licence is counted.
(5) The road transport authority may determine minimum English language standards for taxi drivers.
(6) A standard is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(7) In this section:
"medically fit"—a person is medically fit to hold a public vehicle licence if the person has been examined by a doctor within the last 6 months in accordance with the required medical standards and the doctor certifies that—
(a) the doctor has personally examined the person on a stated date; and
(b) the person complies with the standards.
[1.3] Section 65
substitute
65 Public vehicle driver training courses and requirements
(1) The road transport authority may approve public vehicle driver training courses ( approved public vehicle driver training courses ) for—
(a) people who wish to hold a public vehicle licence to drive a public bus or DRS vehicle; and
(b) holders of public vehicle licences.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(3) The road transport authority may determine training requirements ("determined training requirements") for—
(a) people who wish to hold a public vehicle licence to drive a bookable vehicle; and
(b) holders of public vehicle licences for bookable vehicles.
Note Bookable vehicle —see the dictionary.
(4) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
[1.4] Section 67 (1) (e)
omit
[1.5] Section 67 (4)
substitute
(4) The road transport authority may exempt a person from the eligibility requirement mentioned in section 62 (4) (f) (which is about the successful completion of training).
[1.6] Section 79
substitute
79 Authority may require public vehicle driver to undertake training
The road transport authority may, by written notice given to a person who is the holder of a public vehicle licence, require the person, within a stated period—
(a) to undertake—
(i) for a public vehicle licence to drive a public bus or DRS vehicle—an approved public vehicle driver training course; or
(ii) for a public vehicle licence to drive a bookable vehicle—determined training requirements; or
(iii) another form of training; and
(b) to provide evidence to the authority, in a form acceptable to the authority, that the person has successfully completed the training.
Note
Approved public vehicle driver training course —see
s 65.
Determined training requirements —see s 65.
Bookable
vehicle —see the dictionary.
After section 88AA, insert
88AB Public vehicle licence—suspension—knowledge or skills
(1) This section applies if—
(a) a person holds a public vehicle licence to drive a bookable vehicle; and
(b) a determination is in force under the Road Transport (Public Passenger Services) Regulation 2002
, section 221U (Knowledge and skills to be bookable vehicle driver); and
(c) the road transport authority is satisfied that the person does not have the knowledge and skills required under the determination to be a bookable vehicle driver.
Note Bookable vehicle —see the dictionary.
(2) The road transport authority must give the person a written notice that states––
(a) the date of the notice; and
(b) that the person's authority to drive a bookable vehicle is suspended; and
(c) the reason for the suspension; and
(d) the day when the suspension takes effect, being a day not earlier than 14 days after the date of the notice; and
(e) that the suspension continues until the authority is satisfied that the person has the knowledge and skills required under the determination to be a bookable vehicle driver.
(3) The notice must also state that—
(a) for a taxi driver—the person must not drive a taxi on a road or road related area for the period of the suspension; or
(b) for a rideshare driver—the person must not drive a rideshare vehicle to provide a public passenger service on a road or road related area for the period of the suspension; or
(c) for a hire car driver—the person must not drive a hire car on a road or road related area for the period of the suspension.
omit
section 62 (3) (e)
substitute
section 62 (3) (d)
omit
section 62 (3) (e)
substitute
section 62 (3) (d)
[1.10] Section 94A (3) and (5)
omit
[1.11] Dictionary, new definitions
insert
"bookable vehicle"—see the Road Transport (Public Passenger Services) Act 2001
"determined training requirements"—see section 65.
[1.12] Dictionary, definition of restricted taxi
omit
[1.13] Dictionary, new definition of rideshare vehicle
insert
"rideshare vehicle"—see the Road Transport (Public Passenger Services) Act 2001
, section 60A.
Part 1.2 Road Transport (General) Regulation 2000
[1.14] Section 16 (1) (i)
substitute
(i) a fee, charge or other amount paid in relation to the issue or transfer of a taxi licence, rideshare vehicle licence or hire car licence under the Road Transport (Public Passenger Services) Act 2001
.
substitute
Part 1.8
Road Transport (Public Passenger Services) Regulation 2002
column 1 item | column 2 provision | column 3 decision |
|---|---|---|
| 1 |
8 (1) | road transport authority—refuse to accredit/renew accreditation |
| 2 | 9 (1) or (2) | road transport authority—refuse to accredit/renew accreditation |
| 3 | 10 (1) |
road transport authority—issue/renew accreditation subject to condition imposed by authority |
| 4 | 10 (2) | road transport authority—amend/revoke condition on accreditation |
| 5 | 10 (2) | road transport authority—refuse to amend/revoke condition on accreditation |
| 6 | 12 (4) | road transport authority—period of accreditation |
| 7 | 16 (1) | road transport authority—refuse to issue replacement certificate of accreditation |
|
8 | 20 | road transport authority—direct accredited person to undertake training |
| 9 | 37 (3) (a) | road transport authority—number of seated/standing passengers bus permitted to carry |
10 | 70 (1) (a) | road transport authority—appointment of a bus stop by authority |
| 11 | 70 (1) (b) | road transport authority—approve/refuse to approve accredited operator to appoint bus stops |
| 12 | 70R (1) | road transport authority—refuse to exempt WTBS |
| 13 | 70R (2) (b) | road transport authority—exempt WTBS subject to condition |
| 14 | 70R (3) |
road transport authority—end WTBS exemption |
| 15 | 70S (1) |
road transport authority—refuse to approve WTBS's procedures and rules |
16 | 73 (2) | road transport authority—refuse to issue ITSO approval subject to condition |
| 17 | 74 (b) | road transport authority—issue ITSO approval |
| 18 | 75 (2) | road transport authority—period of ITSO approval |
| 19 | 78 (2) or (3) | road transport authority—refuse to renew ITSO approval |
| 20 | 78 (4) | road transport authority—renew ITSO approval subject to new/amended condition |
|
21 | 79 (1) | road transport authority—refuse to issue replacement ITSO approval |
| 22 | 86 (2) | road transport authority—refuse to issue pre-approval |
| 23 | 92C (2) | road transport authority—refuse to issue taxi licence |
| 24 | 92E (1) (b) | road transport authority—issue taxi licence subject to condition |
| 25 | 92F (2) | road transport authority—period of taxi licence |
| 26 |
92J (2) | road transport authority—refuse to amend taxi licence |
27 | 92J (3) | road transport authority—amend taxi licence to impose/amend condition |
| 28 | 92L (2) or (3) | road transport authority—refuse to renew taxi licence |
| 29 | 92L (4) | road transport authority—renew taxi licence subject to condition |
| 30 |
92M (1) | road transport authority—refuse to issue replacement taxi licence |
| 31 | 95A (1) | road transport authority—refuse to exempt taxi from requirement to be fitted with complying taximeter |
| 32 | 160 (1) | road transport authority—refuse to exempt person from requirement to successfully complete wheelchair-accessible taxi driver training course |
| 33 | 160 (2) | road transport authority—exempt subject to conditions from requirement to successfully complete wheelchair-accessible taxi driver training course |
| 34 | 161 |
road transport authority—require person to undertake approved wheelchair-accessible taxi driver training course |
| 35 | 162 (1) |
road transport authority—refuse to approve wheelchair-accessible taxi driver training course |
| 36 | 163 (1) (b) (i) | road transport authority—refuse to approve operation of bus as taxi |
| 37 |
164B (2) | road transport authority—refuse to issue rideshare vehicle licence |
| 38 | 164D (1) | road transport authority—issue rideshare vehicle licence subject to condition |
| 39 |
164E (2) | road transport authority—period of rideshare vehicle licence |
| 40 | 164I (2) | road transport authority—refuse to amend rideshare vehicle licence |
| 41 | 164I (3) | road transport authority—amend rideshare vehicle licence to impose/amend condition |
|
42 | 164K (2) or (3) | road transport authority—refuse to renew rideshare vehicle licence |
| 43 | 164K (4) | road transport authority—renew rideshare vehicle licence subject to condition |
| 44 |
164N (1) | road transport authority—refuse to issue replacement rideshare vehicle licence |
| 45 | 164N (2) | road transport authority—refuse to issue replacement rideshare vehicle licence label |
46 | 167 | road transport authority—refuse to issue/renew hire car licence |
| 47 | 169 (1) | road transport authority—issue/renew hire car licence subject to condition imposed by authority |
| 48 |
169 (2) | road transport authority—amend/refuse to amend hire car licence to impose/amend/revoke condition |
| 49 | 175 (1) | road transport authority—refuse to issue replacement hire car licence |
| 50 | 231 | road transport authority—refuse to issue/renew DRS authorisation |
51 | 232 (1) | road transport authority—issue/renew DRS authorisation subject to condition imposed by authority |
| 52 | 232 (2) | road transport authority—amend/refuse to amend DRS authorisation to impose/amend/revoke condition |
| 53 | 240 (1) | road transport authority—refuse to issue replacement DRS authorisation |
| 54 | 240 (1) | road transport authority—refuse to issue replacement DRS authorisation |
| 55 |
269 (5) (a) | road transport authority—number of seated/standing passengers DRS vehicle permitted to carry |
| 56 | 307 (5) | road transport authority—refuse to approve way of displaying driver authority card |
| 57 | 323 (4) (a) | road transport authority—cancel service authority |
| 58 | 323 (4) (a) or (b) | road transport authority—suspend service authority |
| 59 | 323 (4) (a), (b), (c) or (d) | road transport authority—impose/amend condition on service authority |
| 60 | 323 (4) (c) | road transport authority—disqualify from applying for service authority |
| 61 |
323 (4) (e) | road transport authority—order to pay financial penalty |
| 62 | 323 (4) (f) | road transport authority—direct to undertake particular training |
| 63 | 323 (4) (f) | road transport authority—reprimand |
| 64 | 324 (3) | road transport authority—immediately suspend service authority |
[1.16] Schedule 1, part 1.11, item 9
substitute
9 | 32AA (2) | road transport authority—refuse to approve application for registration of registrable vehicle as public passenger vehicle |
[1.17] Schedule 3, part 3.1, item 12
substitute
12 | a fee, charge or other amount paid in relation to an application for the issue or transfer of a taxi licence, rideshare vehicle licence or hire car licence under the Road Transport (Public Passenger Services) Act 2001 |
if the application is refused
[1.18] Schedule 3, part 3.2, item 3
substitute
3 | a fee, charge or other amount paid in relation to the issue of any of the following licences under the Road Transport (Public Passenger Services) Act 2001 |
if the licence is surrendered in accordance with that Act:
(a) a leased hire car licence;
(b) a transferable leased taxi licence;
(c) a standard taxi licence;
(d) a
wheelchair-accessible taxi licence
Note Transferable leased taxi
licences are no longer issued by the road transport authority but may continue
to operate under the Road Transport (Public Passenger Services)
Regulation 2002
.
Part 1.3 Road Transport (Offences) Regulation 2005
[1.19] Schedule 1, part 1.10, items 5 and 6
substitute
5 | 32 (1) | operate transport booking service without accreditation |
50 | | |
| 6 | 33 (1) | accredited transport booking service not comply with condition of accreditation | 50 | | |
| 6A | 34 | pretend to be accredited transport booking service | 30 | | |
| 6B | 36A (1) |
pretend to be affiliated driver for transport booking service | 30 | | |
|
6C | 36D (1) | pretend to be affiliated operator for transport booking service | 30 | | |
| 6D | 36E (1) | taxi driver not affiliated driver where service operator neither affiliated operator nor independent taxi service operator | 50 | | |
| 6E | 36E (2) | taxi service operator neither affiliated operator nor independent taxi service operator | 50 | | |
6F | 36F (1) | rideshare driver not affiliated driver | 50 | | |
| 6G | 36G (1) | transport booking service not take reasonable steps to ensure affiliated driver holds licence or exemption | 20 | 515 | |
| 6H |
36G (2) | transport booking service not take reasonable steps to ensure affiliated taxi/ hire car service operator accredited | 20 | 515 | |
6I | 36G (3) (b) (i) | transport booking service not take reasonable steps to ensure affiliated rideshare driver accredited | 20 | 515 | |
6J | 36G (3) (b) (ii) | transport booking service not take reasonable steps to ensure rideshare vehicle licensed/insured | 20 | 515 | |
[1.20] Schedule 1, part 1.10, items 14 and 15
substitute
14 | 60E (1) | rideshare driver not accredited | 50 | | |
| 15 |
60F (1) | pretend to be accredited rideshare driver | 30 | | |
| 15A |
60G (1) | rideshare driver use unlicensed vehicle | 50 | | |
| 15B |
60L | pretend vehicle is licensed rideshare vehicle | 30 | | |
| 15C | 60M | rideshare vehicle licensee not take reasonable steps to ensure rideshare driver holds licence or exemption | 20 | 515 | |
| 15D | 60N | rideshare vehicle licensee not take reasonable steps to ensure vehicle insured | 50 |
801 | |
[1.21] Schedule 1, part 1.11, item 1
substitute
1 | 14 (2) | accredited person not notify change in accreditation or service operation | 20 | 515 | |
[1.22] Schedule 1, part 1.11, new items 5A and 5B
insert
5A | 20C (1) | operator of regulated service not comply with service standard | 20 | 515 | |
| 5B | 20C (2) | licensee of vehicle used for regulated service not comply with service standard | 20 | 515 | |
[1.23] Schedule 1, part 1.11, item 33
omit
[1.24] Schedule 1, part 1.11, items 100 to 125
substitute
100 | 70B | transport booking service not take reasonable steps to ensure affiliated driver has required knowledge and skills | 20 | 515 | |
| 101 |
70C (1) | transport booking service not take reasonable steps to ensure taxi/rideshare vehicle/hire car is licensed | 20 | 515 | |
| 102 |
70D (1) | transport booking service not take reasonable steps to ensure service available to accept/communicate taxi bookings | 20 | 515 | |
| 103 | 70D (2) | transport booking service not take reasonable steps to ensure service available to accept/communicate rideshare bookings | 20 | 515 | |
|
104 | 70E (1) | transport booking service not make option of fare estimate available before hiring | 20 | 650 | |
| 105 | 70E (2) |
transport booking service not make identifying information for vehicle and driver available before hiring | 20 | 650 | |
| 106 |
70G (1) (b) (i) | transport booking service not take reasonable steps to ensure affiliated driver record | 10 | 336 | |
| 107 |
70G (1) (b) (ii) | transport booking service not keep affiliated driver record up-to-date | 10 | 336 | |
| 108 | 70G (2) |
transport booking service not keep affiliated driver record for 2 years after last booking | 10 | 336 | |
| 109 | 70G (3) | transport booking service not provide affiliated driver record to road transport authority/police officer/emergency service member | 10 | 336 | |
| 110 |
70H (1) (b) (i) | transport booking service not keep affiliated operator record | 10 | 336 | |
| 111 |
70H (1) (b) (ii) | transport booking service not take reasonable steps to ensure affiliated operator record up-to-date | 10 | 336 | |
112 | 70H (2) | transport booking service not keep affiliated operator record for 2 years after last booking | 10 | 336 | |
| 113 |
70H (3) | transport booking service not provide affiliated operator record to road transport authority/police officer/emergency service member |
10 | 336 | |
| 114 | 70I (1) (b) (i) | transport booking service not keep bookable vehicles record | 10 | 336 | |
| 115 |
70I (1) (b) (ii) | transport booking service not take reasonable steps to ensure bookable vehicle record up-to-date | 10 | 336 | |
116 | 70I (2) | transport booking service not keep bookable vehicle record for 2 years after last booking | 10 | 336 | |
| 117 |
70I (3) | transport booking service not provide bookable vehicle record to road transport authority/police officer/emergency service member | 10 |
336 | |
| 118 | 70J (1) | transport booking service not make booking record | 10 | 336 | |
| 119 | 70J (2) | transport booking service not keep booking record for 2 years | 10 | 336 | |
| 120 |
70J (3) | transport booking service not provide booking record to road transport authority/police officer/emergency service member | 10 | 336 | |
121 | 70M (1) | transport booking service not, without delay, direct booking request to WTBS | 10 | 336 | |
| 122 | 70N (1) | transport booking service not, without delay, direct driver to accept booking | 10 |
336 | |
| 123 | 70O (1) | transport booking service not, without delay, tell passenger estimated arrival time | 10 | 336 | |
| 124 |
70Q (2) | person operate WTBS without entitlement | 20 | | |
| 125 |
70T (1) | WTBS not, without delay, direct driver to accept booking | 10 | 336 | |
| 125A | 80 (1) | independent taxi service operator not give road transport authority notice of change of name or address | 20 | 515 | |
|
125B | 92E (3) | taxi licensee not comply with condition of licence |
20 | 515 | |
| 125C | 92N (1) | taxi licensee not produce licence for inspection | 5 | 160 | |
| 125D | 92P (1) | taxi licensee not give road transport authority notice of change of name or address | 20 | 515 | |
125E | 94 | affiliated taxi service operator not tell road transport authority about affiliation/name of transport booking service | 5 | 336 | |
[1.25] Schedule 1, part 1.11, items 128 to 132
substitute
128 | 97 (1) | taxi service operator not take reasonable steps to ensure taxi driver is licensed/ exempted | 20 | 336 | |
| 129 | 97 (2) |
independent taxi service operator not take reasonable steps to ensure taxi driver has required knowledge and skills | 20 | 515 | |
| 130 | 98 | taxi operator not ensure wheelchair-accessible taxi driver trained/exempted | 20 |
515 | |
| 131 | 99 (2) | | | | |
| 131.1 | • by contravening 99 (1) (a) |
taxi operator not record driver's name and address | 10 | 336 | |
| 131.2 |
• by contravening 99 (1) (b) | taxi operator not record prescribed driver authority information | 10 | 336 | |
| 131.3 | • by contravening 99 (1) (ba) |
independent taxi operator not record evidence that driver has required knowledge and skills | 10 | 336 | |
| 131.4 | • by contravening 99 (1) (c) |
taxi operator not record wheelchair-accessible taxi training/exemption information | 10 | 336 | |
| 131.5 | • by contravening 99 (1) (d) | taxi operator not record driving times | 10 | 336 | |
| 131.6 | • by contravening 99 (1) (e) | taxi operator not record registration number of taxi driven by driver | 10 | 336 | |
[1.26] Schedule 1, part 1.11, items 134 to 137
substitute
134 | 101A (2) | wheelchair-accessible taxi operator not have arrangements with WTBS operator for booking service | 10 | 336 | |
|
135 | 101A (3) | wheelchair-accessible taxi operator not have communications equipment fitted | 10 | 336 | |
| 136 | 101B (1) |
wheelchair-accessible taxi operator not comply with WTBS's approved procedures and rules | 20 | 515 | |
[1.27] Schedule 1, part 1.11, items 139 to 146
substitute
139 | 107 (3) | accredited taxi operator of taxi not fitted with signs/livery identifying taxi/complying with taxi signs and livery requirements | 10 | 336 | |
[1.28] Schedule 1, part 1.11, items 148 to 167
substitute
148 | 114 (1) | wheelchair-accessible taxi driver not tell booking service of hiring availability | 10 | 336 | |
| 149 | 114 (2) |
wheelchair-accessible taxi driver not comply with direction to accept booking | 10 | 336 | |
| 150 | 115 (1) | wheelchair-accessible taxi driver not operate communications appropriately | 10 | 205 | |
| 151 | 116 (1) |
wheelchair-accessible taxi driver not comply with WTBS's approved procedures and rules | 10 | 336 | |
[1.29] Schedule 1, part 1.11, items 174 to 182, 185, 186 and 193 to 200
omit
[1.30] Schedule 1, part 1.11, item 205
substitute
205 | 141 | taxi driver accept multiple hiring without hirer's agreement |
5 | 186 | |
[1.31] Schedule 1, part 1.11, items 224 and 225
substitute
224 | 144B (1) | ineligible person pay for taxi hiring under taxi subsidy scheme | 5 | 186 | |
| 225 | 144B (2) | make false or misleading statement in paying for taxi under taxi subsidy scheme | 5 | 186 |
[1.32] Schedule 1, part 1.11, items 228 and 229
omit
[1.33] Schedule 1, part 1.11, items 232 to 242
substitute
232 | 164D (2) | rideshare vehicle licensee not comply with condition of licence | 20 | 515 | |
| 233 | 164L (1) | rideshare vehicle licensee not give road transport authority notice of change of name or address and licence | 20 | 515 | |
| 234 | 164O (1) | rideshare vehicle licensee not give label to rideshare driver before rideshare begins | 20 |
515 | |
| 235 | 164P (1) | rideshare vehicle licensee advertise vehicle used to provide a rideshare service | 10 | 336 | |
| 236 |
164Q (1) | rideshare driver not hold public vehicle licence/exemption |
20 | 515 | |
| 237 | 164R (1) | rideshare driver accept booking other than from accredited transport booking service | 20 | | |
| 238 |
164S (1) | rideshare driver for rideshare vehicle with rideshare label not displayed so information readable/on windscreen or window | 20 | 515 | |
239 | 164T (1) | rideshare vehicle driver not produce licence for inspection | 5 | 160 | |
| 240 | 164T (3) | rideshare vehicle driver not produce label for inspection | 5 | 160 | |
| 241 | 164U (1) |
rideshare driver advertise on rideshare vehicle that they are rideshare driver | 10 | 336 | |
| 242 | 173 (1) | hire car licensee not notify change in name/address | 10 | 336 | |
[1.34] Schedule 1, part 1.11, items 250 to 256
substitute
250 | 180 | affiliated hire car service operator not tell road transport authority about affiliation/name of transport booking service | 5 | 336 | |
251 | 181 (1) | hire car service operator not take reasonable steps to ensure hire car driver is licensed/exempt | 20 | 515 | |
| 252 | 181 (2) |
hire car service operator not take reasonable steps to ensure hire car driver has required knowledge and skills | 20 | 515 | |
| 253 | 182 (1) (a) | hire car operator not record driver's name and address | 10 | 336 | |
| 254 | 182 (1) (b) | hire car operator not record prescribed driver authority information | 10 | 336 | |
| 255 | 182 (1) (ba) | hire car operator not record evidence that driver has required knowledge and skills |
10 | 336 | |
[1.35] Schedule 1, part 1.11, items 259, 260 and 265
omit
[1.36] Schedule 1, part 1.11, items 270 to 309
substitute
270 | 221B (1) | transport booking service not take reasonable steps to ensure taxi has duress alarm | 20 | 515 | |
| 271 | 221B (2) | taxi service operator for taxi without duress alarm | 20 | 515 | |
| 272 |
221C (1) | transport booking service not take reasonable steps to ensure bookable vehicle has GPS tracking | 20 | | |
| 273 | 221C (2) | taxi service operator for taxi without GPS tracking | 20 | | |
| 274 |
221C (3) | rideshare driver accept hiring for rideshare vehicle not fitted with GPS tracking | 20 | | |
| 275 | 221C (4) | hire car driver accept hiring for hire car not fitted with GPS tracking | 20 | | |
|
276 | 221D (1) | taxi driver stand/ply for hire in vehicle without security camera | 20 | 515 | |
| 277 | 221D (2) | interfere with security camera recording in taxi | 20 | | |
| 278 | 221E (1) (a) |
interfere with security device in bookable vehicle | 20 | | |
| 279 |
221E (1) (b) | interfere with electronic device in bookable vehicle |
20 | | |
| 280 | 221E (1) (c) | interfere with thing supporting security or electronic device in bookable vehicle | 20 | | |
| 281 |
221F (5) | contravene security device standard | 20 | 650 | |
| 282 |
221G (1) | transport booking service accept jump-the-queue fee for taxi booking | 20 | 515 | |
| 283 | 221G (2) | transport booking service provide way for taxi driver to accept jump-the-queue fee for taxi booking |
20 | 515 | |
| 284 | 221G (3) | taxi driver accept jump-the-queue fee for taxi booking | 20 | 515 | |
| 285 | 221H (1) | transport booking service accept up-front tip for taxi/rideshare booking | 20 | 515 | |
| 286 | 221H (2) (b) (i) | transport booking service provide way for taxi driver to accept up-front tip for taxi booking | 20 | 515 | |
| 287 |
221H (2) (b) (ii) | transport booking service provide way for rideshare driver to accept up-front tip for rideshare booking | 20 | 515 | |
| 288 |
221H (3) | taxi driver accept up-front tip for taxi booking | 20 | 515 | |
289 | 221H (4) | rideshare driver accept up-front tip for rideshare booking | 20 | 515 | |
| 290 | 221I (1) (b) (i) | transport booking service accept jump-the-queue fee for bookable vehicle booking during emergency | 20 | 515 | |
| 291 | 221I (1) (b) (ii) | transport booking service provide way for bookable vehicle driver to accept jump-the-queue fee for bookable vehicle booking during emergency | 20 | 515 | |
292 | 221I (1) (b) (iii) | transport booking service apply surge pricing for bookable vehicle during emergency | 20 | 515 | |
| 293 |
221I (2) (b) (i) | bookable vehicle driver accept jump-the-queue for bookable vehicle booking during emergency | 20 | 515 | |
| 294 |
221I (2) (b) (ii) | bookable vehicle driver apply surge pricing for bookable vehicle booking during emergency | 20 | 515 | |
| 295 |
221L (1) | defined person if payment surcharge imposed that exceeds maximum payment surcharge | 20 | 515 | |
| 296 | 221M (1) | initiate collection of/collect payment surcharge that exceeds maximum payment surcharge | 20 | 515 | |
| 297 | 221R (1) | bookable vehicle licensee for bookable vehicle with indecent/insulting/offensive advertisement/document displayed | 10 | 336 | |
| 298 | 221R (3) | bookable vehicle licensee not comply with direction of authority/police officer/ authorised person to remove advertisement/document | 10 | 336 | |
| 299 |
221S (1) | bookable vehicle licensee for bookable vehicle used while noncompliance notice in force | 20 | 515 | |
| 300 | 221T (1) | bookable vehicle driver not have required knowledge and skills | 20 | 515 | |
| 301 | 221T (2) (c) (i) | bookable vehicle driver not record evidence of required knowledge and skills | 10 | 336 | |
| 302 | 221T (2) (c) (ii) | bookable vehicle driver not provide record of required knowledge and skills to road transport authority | 10 | 336 | |
| 303 | 221V (1) | bookable vehicle driver allow passenger to have thing in vehicle endangering someone |
5 | 200 | |
| 304 | 221W (1) | bookable vehicle driver allow passenger to have unconfined animal in vehicle | 5 | 200 | |
| 305 |
221X (1) | bookable vehicle driver with indecent/insulting/offensive advertisement/document displayed in bookable vehicle | 10 | 336 | |
| 306 |
221X (3) | bookable vehicle driver not comply with direction of authority/police officer/ authorised person to remove advertisement/document |
10 | 336 | |
| 307 | 222 (1) | bookable vehicle driver tout for passengers/hiring for bookable vehicle | 20 | 515 | |
| 308 | 223 (1) | bookable vehicle driver not give required notice of notifiable accident within 24 hours | 20 | 362 | |
| 309 | 223 (2) | bookable vehicle driver not give required notice of notifiable accident within 5 days | 20 | 362 | |
309A | 224 (1) | bookable vehicle driver use vehicle for hiring while noncompliance notice in force | 20 | 515 | |
| 309B | 225 (3) |
bookable vehicle driver not comply with direction of police officer/authorised person | 5 | 251 | |
| 309C | 226 (1) | bookable vehicle passenger behave in offensive way/use offensive language | 10 | 336 | |
| 309D |
227 (1) | bookable vehicle passenger place/carry unconfined animal in bookable vehicle | 5 | 196 | |
| 309E | 228 (1) | bookable vehicle passenger not give found thing to owner/bookable vehicle driver/transport booking service/police officer/authorised person | 5 | 196 | |
| 309F |
229 (3) | person not comply with direction of bookable vehicle driver/police officer/ authorised person to not to get into, or to get out of, a bookable vehicle | 5 | 251 | |
[1.37] Schedule 1, part 1.11, item 314
substitute
314 | 238 (1) | DRS authorisation-holder not notify change in name/address |
1 | | |
[1.38] Schedule 1, part 1.11, item 416
substitute
416 | 326 (1) | not return suspended/cancelled certificate of accreditation/taxi licence/rideshare vehicle licence/hire car licence/ITSO approval as required | 5 | 159 | |
Part 1.4 Road Transport (Safety and Traffic Management) Regulation 2000
insert
11A ARR r 158 (2) (c)—other vehicles permitted to travel in bicycle lanes
A driver of a rideshare vehicle or hire car may drive for up to 50m in a bicycle lane if—
(a) the driver is dropping off, or picking up, passengers; and
(b) there is not another law of this jurisdiction prohibiting the driver from driving in the bicycle lane.
Note A similar provision applies to taxi drivers and bus drivers (see ARR
, r 153 (3)).
insert
12A ARR r 176—stopping on a clearway
Despite the Australian Road Rules
, rule 176 (1), a driver of a rideshare vehicle or hire car may stop on a length of road to which a clearway sign applies if—
(a) the driver is dropping off, or picking up, passengers; and
(b) there is not another law of this jurisdiction prohibiting the driver from stopping on a length of road to which a clearway sign applies.
Note A similar provision applies to taxi drivers and bus drivers (see ARR
, r 176 (2) and (3)).
substitute
13A ARR r 179 (1) (c) and (2) (c)—stopping in loading zone—bookable vehicles
(1) For the Australian Road Rules
, rule 179 (1) (c), a bookable vehicle that is dropping off, or picking up, a passenger is permitted to stop in a loading zone if—
(a) the bookable vehicle driver does not leave the bookable vehicle unattended, other than to comply with a passenger assistance requirement; and
(b) the driver complies with subsection (2).
(2) For the Australian Road Rules
, rule 179 (2) (c), the driver must complete the dropping off, or picking up, of the passenger, and drive on—
(a) within 2 minutes; or
(b) if the driver is required to comply with a passenger assistance requirement—as soon as possible after the driver complies with the requirement.
(3) In this section:
"bookable vehicle"—see the Road Transport (Public Passenger Services) Act 2001
Note Bookable vehicle means a taxi, rideshare vehicle or hire car.
"passenger assistance requirement" means a requirement under the Road Transport (Public Passenger Services) Regulation 2002
, section 132 (5) (which requires a wheelchair-accessible taxi driver to provide reasonable assistance in loading and unloading a wheelchair, or a person in a wheelchair, into or from the taxi).
"unattended"—a driver leaves a bookable vehicle unattended if the driver leaves the bookable vehicle so the driver is over 3m from the closest point of the bookable vehicle.
[1.42] Dictionary, new definition of rideshare vehicle
insert
"rideshare vehicle"—see the Road Transport (Public Passenger Services) Act 2001
, section 60A.
Part 1.5 Road Transport (Third-Party Insurance) Regulation 2008
[1.43] Section 13
omit
[1.44] Schedule 1, section 1.1, definition of rideshare vehicle
substitute
"rideshare vehicle"—see the Road Transport (Public Passenger Services) Act 2001
, section 60A.
Part 1.6 Road Transport (Vehicle Registration) Regulation 2000
substitute
32AA Deciding applications for registration—public passenger vehicles
(1) This section applies if the road transport authority is deciding an application for registration of a registrable vehicle as 1 of the following kinds of public passenger vehicle:
(a) a public bus;
(b) a taxi;
(c) a hire car;
(d) a demand responsive service vehicle.
Note A rideshare vehicle is also a public passenger vehicle but it is not required to be registered as a rideshare vehicle.
(2) The road transport authority may refuse to approve the application if the applicant—
(a) is not the accredited operator of the vehicle; or
(b) has failed to comply with a requirement under a territory law about the condition of the vehicle.
(3) In this section:
"accredited operator", of a public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001
[1.46] Section 84 (1) (g)
omit
if the vehicle is a public passenger vehicle—
substitute
if the vehicle is a public passenger vehicle other than a rideshare vehicle—
[1.47] Schedule 1, division 1.5.3
omit
[1.48] Dictionary, definition of bus
substitute
"bus"—see the Road Transport (Public Passenger Services) Act 2001
, section 10A.
Part 1.7 Workers Compensation Regulation 2002
insert
4A Regular contractors and casuals—Act, s 11 (2) (c)
(1) For the Act
, section 11 (2) (c), the following contracts are prescribed:
(a) a contract between the individual who is a bookable vehicle driver and the principal that prevents the individual from having an affiliated driver agreement with more than 1 transport booking service;
(b) if the individual is a bookable vehicle driver and does not have a contract mentioned in paragraph (a)—a contract of bailment between the individual and the principal under which the individual has the use of a bookable vehicle.
(2) In this section:
"affiliated driver agreement"—see the Road Transport (Public Passenger Services) Act 2001
"bookable vehicle"—see the Road Transport (Public Passenger Services) Act 2001
"bookable vehicle driver"—see the Road Transport (Public Passenger Services) Act 2001
"transport booking service"—see the Road Transport (Public Passenger Services) Act 2001