Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2005 (NO 1) (NO 39 OF 2005) - REG 23

substitute

182     Records of hire car drivers etc to be maintained by accredited operator

    (1)     The accredited operator of a hire car must make a written record of the following particulars for each hire car driver for the vehicle:

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

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

        (c)     the dates and times when the hire car was driven by the driver;

        (d)     the registration number of the hire car driven by the driver.

Maximum penalty: 10 penalty units.

    (2)     An offence against subsection (1) is a strict liability offence.

    (3)     A person commits an offence if—

        (a)     the person is an accredited operator of a hire car; and

        (b)     the person has a written record under subsection (1) of a person (the driver ) who drives a hire car; and

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

        (d)     the driver's public vehicle licence is either 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.

    (4)     A person commits an offence if—

        (a)     the person is an accredited operator of a hire car; and

        (b)     the person has a written record under subsection (1) of a person (the driver ) who drives a hire car; 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 know, that the driver is no longer be exempt under section 94A; and

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

Maximum penalty: 10 penalty units.

182A     Accredited operator to tell road transport authority about records of hire car drivers etc

    (1)     The accredited operator of a hire car must, for each person for whom the accredited operator has a record under section 182 (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 operator by the road transport authority;

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

        (d)     if the person no longer drives a hire car for the accredited operator—that the person no longer drives a hire car for the accredited operator.

    (2)     The accredited operator of a hire car must not fail to comply with subsection (1).

Maximum penalty: 10 penalty units.

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

182B     Road transport authority may tell accredited operator about hire car drivers

    (1)     This section applies if—

        (a)     the accredited operator of a hire car has a record for a person under section 182; and

        (b)     the accredited operator has told the road transport authority about the person under section 182A (1).

    (2)     The road transport authority may tell the accredited operator of a hire car 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 hire car 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.