Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2005 (NO 1) (NO 39 OF 2005) - REG 17

substitute

77     Records of taxi drivers etc to be maintained by accredited network provider

    (1)     An accredited taxi network provider must make a written record of the following particulars for each person who drives a taxi that is being used to operate a taxi service by an affiliated taxi service operator:

        (a)     the person's full name and home address;

        (b)     the prescribed driver authority information for the person, including any change to the information notified to the accredited provider by the road transport authority;

        (c)     the dates and times when the taxi was used by the person to provide a taxi service;

        (d)     the registration number of the taxi driven by the person.

    (2)     The accredited taxi network provider must not fail to comply with subsection (1).

Maximum penalty: 10 penalty units.

    (3)     An offence against subsection (2) is a strict liability offence.

    (4)     A person commits an offence if—

        (a)     the person is an accredited taxi network provider; and

        (b)     the person has a written record under subsection (1) of a person (the driver ) who drives a taxi to operate the service; and

        (c)     the driver was the holder of a public vehicle licence authorising the driver to drive a taxi for hire or reward; and

        (d)     the driver's public vehicle licence is suspended or cancelled; and

        (e)     the person knows, or ought reasonably to know, that the driver's public vehicle licence is suspended or cancelled; and

        (f)     the person fails to make a written record of the following for the driver—

              (i)     the suspension or cancellation of the driver's licence; and

              (ii)     when the licence was suspended or cancelled.

Maximum penalty: 10 penalty units.

    (5)     A person commits an offence if—

        (a)     the person is an accredited taxi network provider; and

        (b)     the person has a written record under subsection (1) of a person (the driver ) who drives a taxi to operate the service; and

        (c)     the driver was exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000 , section 94A; and

        (d)     the driver is no longer exempt from holding a public vehicle licence; and

        (e)     the person knows, or ought reasonably to know, that the driver is no longer exempt under section 94A; and

        (f)     the person fails to make a written record for the driver that the driver is no longer exempt under section 94A.

Maximum penalty: 10 penalty units.

77A     Accredited network provider to tell road transport authority about records of taxi drivers etc

    (1)     The accredited taxi network provider must, for each person for whom the accredited provider has a record under section 77 (1), tell the road transport authority about the following:

        (a)     the person's full name and home address;

        (b)     the prescribed driver authority information for the person, including any change to the information notified to the accredited provider by the road transport authority;

        (c)     any change to the person's name, home address or prescribed driver authority information since the accredited provider last told the road transport authority about the information relating to the person;

        (d)     if the person no longer drives a taxi for the accredited provider—that the person no longer drives a taxi for the accredited provider.

    (2)     The accredited taxi network provider must not fail to comply with subsection (1).

Maximum penalty: 10 penalty units.

    (3)     An offence against subsection (2) is a strict liability offence.

77B     Road transport authority may tell accredited network provider about taxi drivers

    (1)     This section applies if—

        (a)     the accredited taxi network provider has a record for a person under section 77 (1); and

        (b)     the accredited provider has told the road transport authority about the person under section 77A (1).

    (2)     The road transport authority may tell the accredited taxi network provider about the following for the person:

        (a)     any change in the prescribed driver authority information for the person;

        (b)     if the person was the holder of a public vehicle licence authorising the person to drive a taxi for hire or reward but the person's licence has been suspended or cancelled—

              (i)     the suspension or cancellation of the driver's licence; and

              (ii)     when the licence was suspended or cancelled;

        (c)     if the person was exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000 , section 94A but is no longer exempt and the road transport authority knows the person is no longer exempt—that the person has ceased to be exempt under section 94A.