Ridesharing Regulations 2017 (NT)

NORTHERN TERRITORY OF AUSTRALIA

RIDESHARING REGULATIONS 2017

As in force at 25 May 2022

Table of provisions NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 25 May 2022

RIDESHARING REGULATIONS 2017

Regulations under the Commercial Passenger (Road) Transport Act 1991

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Ridesharing Regulations 2017.

2Commencement

• (1)

  These Regulations (except Parts 5 and 6) commence on 1 December 2017.

• (2)

  Parts 5 and 6 commence on 1 February 2018.

3Definitions

In these Regulations:

rideshare driver means a person who makes a rideshare vehicle driven by the person available for a rideshare journey.

rideshare journey means a journey by a passenger in a rideshare vehicle in exchange for payment made by electronic means to a rideshare platform manager.

rideshare label, for a rideshare vehicle, means the label issued for the vehicle under regulation 19(3).

rideshare licence means a special passenger vehicle licence issued under the Act to a person to operate a rideshare vehicle.

rideshare platform means a communications or dispatch network approved by the Director under section 71 of the Act in connection with rideshare vehicles.

rideshare platform manager means a person who operates a rideshare platform.

rideshare vehicle, see regulation 4.

4Rideshare vehicle

• (1)

  A rideshare vehicle means a motor vehicle:

  • (a)

    capable of undertaking hirings arranged through a communications or dispatch network approved by the Director under section 71 of the Act in exchange for a fare derived through an algorithm or pricing structure not limited by period of time taken or distance travelled; and

  • (b)

    where the driver of the vehicle does not receive payment from the passenger for a hiring; and

  • (c)

    that is declared by the Director to be a special passenger vehicle or is a vehicle of a class that is declared to be special passenger vehicles.

• (2)

  A vehicle mentioned in subregulation (1) is not a rideshare vehicle when it is being used as a private vehicle and is unavailable for hire.

Part 2Duties of rideshare platform manager 5Rideshare platform only to allocate to licensed drivers

A rideshare platform manager must ensure that the manager’s rideshare platform does not allocate a rideshare journey to anyone other than a person who holds a rideshare licence.

Maximum penalty:          60 penalty units.

6Operation of rideshare platform

A rideshare platform manager must ensure that the manager’s rideshare platform:

• (a)

  operates so as to communicate a prospective passenger’s request for a rideshare journey to an available rideshare driver; and

• (b)

  makes available to the passenger, before the rideshare journey begins:

  • (i)

    an estimate of the fare for the journey; and

  • (ii)

    sufficient information for the passenger to identify the rideshare vehicle and rideshare driver for the journey.

Maximum penalty:          60 penalty units.

Note for regulation 6

Section 71(7A) of the Act requires a rideshare platform manager to provide the Director with information requested from time to time about the rideshare platform.

7Manager to notify drivers of suspension, revocation

If approval for a rideshare platform is suspended, revoked or cancelled, the rideshare platform manager must take reasonable steps to notify as soon as practicable each rideshare driver who intends to use the rideshare platform.

Maximum penalty:          60 penalty units.

Example for regulation 7

The rideshare driver receives a message from the rideshare platform when the driver attempts to log onto the platform.

8Surge pricing

• (1)

  A rideshare platform manager must not apply surge pricing in an area during:

  • (a)

    an emergency situation existing in the area; or

  • (b)

    the activation of an approved emergency plan in the area.

  Maximum penalty:          60 penalty units.

• (2)

  It is a defence to a prosecution for an offence against subregulation (1) if the rideshare platform manager took all reasonable steps to prevent the rideshare platform from applying surge pricing.

• (3)

  In this regulation:

  approved emergency plan, see section 8 of the Emergency Management Act 2013.

  emergency situation, see section 18(1) of the Emergency Management Act 2013.

  surge pricing means the practice of increasing rideshare vehicle fares during times of high demand for rideshare journeys.

Part 3Duties of rideshare drivers 9Identity card or approved form of identification

• (1)

  For section 74 of the Act, a rideshare vehicle is a prescribed class of commercial passenger vehicle.

• (2)

  An identity card issued to a rideshare driver under section 74(1)(a) of the Act must:

  • (a)

    display the name of the driver; and

  • (b)

    display a recent photograph of the driver; and

  • (c)

    specify the expiry date of the card; and

  • (d)

    indicate that the holder of the card is authorised to drive a rideshare vehicle.

• (3)

  A rideshare driver must:

  • (a)

    carry the driver’s identity card mentioned in subregulation (2) or other form of identification approved by the Director under section 74(10) of the Act while driving a rideshare vehicle; and

  • (b)

    produce that identity card or other approved form of identification when requested by an inspector.

  Maximum penalty:          30 penalty units.

10Driver to supply information

When requested by the Director to do so, a rideshare driver must give the Director, within the time specified by the Director, full and correct information of any details specified in the request relating to rideshare journeys undertaken in the driver’s rideshare vehicle.

Maximum penalty:          30 penalty units.

11Driver may only accept journey from rideshare platform

• (1)

  A rideshare driver must not accept a journey in the driver’s rideshare vehicle for hire or reward other than through a rideshare platform.

  Maximum penalty:          60 penalty units.

• (2)

  It is a condition of a rideshare driver’s rideshare licence that the driver accepts journeys in the driver’s rideshare vehicle for hire or reward only through a rideshare platform.

12Driver may only drive approved vehicle

A person must not drive a rideshare vehicle for hire or reward unless a current approval under regulation 19 is in effect for the vehicle.

Maximum penalty:          60 penalty units.

13Display of rideshare label

• (1)

  A rideshare driver must ensure that, at all times when the driver’s rideshare vehicle is being used for a rideshare journey, or the driver is connected to the rideshare platform, the vehicle’s current rideshare label is displayed in accordance with subregulation (2).

  Maximum penalty:          30 penalty units.

• (2)

  The rideshare label must be displayed:

  • (a)

    so the information on the label is readable from the outside of the vehicle; and

  • (b)

    on the passenger’s side of the front windscreen at the bottom corner, or another location specified by the Director.

  14Driver to take shortest practicable route

  When conveying a passenger for hire or reward, a rideshare driver must take the shortest practicable route to the destination requested unless the passenger specifies another route.

  Maximum penalty:          25 penalty units.

15Driver not to purchase intoxicating liquor

A rideshare driver must not:

• (a)

  accept a request for a rideshare journey under which the driver is required to purchase intoxicating liquor for or on behalf of another person, whether or not that other person is a passenger; or

• (b)

  in the course of a rideshare journey purchase intoxicating liquor for or on behalf of a passenger.

Maximum penalty:          25 penalty units.

16No touting

A person must not tout or solicit for passengers for a rideshare vehicle.

Maximum penalty:          25 penalty units.

17No advertising

• (1)

  A rideshare driver for a rideshare vehicle must ensure that, at any time (whether or not the vehicle is being operated as a rideshare vehicle), the vehicle does not display any advertising indicating that the vehicle is available for hire or reward.

  Maximum penalty:          40 penalty units.

• (2)

  To avoid doubt, subregulation (1) does not apply to the display of a label on a vehicle in accordance with regulation 13.

18Parking restrictions

• (1)

  A rideshare driver must not stop a rideshare vehicle:

  • (a)

    in a taxi rank or a minibus rank; or

  • (b)

    in a place that is marked or indicated by sign as a reserved place for private hire cars.

  Maximum penalty:          25 penalty units.

• (2)

  In this regulation:

  minibus rank includes a bus stop whenever a minibus is parked or standing in the bus stop in accordance with section 38K(1) of the Act.

  taxi rank, see regulation 3(1) of the Taxi Regulations 1992.

Part 4Miscellaneous matters 19Approval of vehicle and rideshare label

• (1)

  The Director may approve a vehicle as being suitable for use as a rideshare vehicle if the Director is satisfied that the vehicle is safe.

• (2)

  An approval is subject to any conditions imposed by the Director.

• (3)

  If the Director approves a vehicle, the Director must issue a rideshare label for the vehicle.

20Register of rideshare platforms

• (1)

  The Director must keep a register of rideshare platforms, including the conditions to which the approval of each rideshare platform is subject.

• (2)

  The Director must publish the register on an appropriate website.

21Fees

The fees set out in the Schedule are payable in relation to the matters specified in the Schedule.

  ScheduleFees

regulation 21

$
Annual fee for rideshare licence	300

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Ridesharing Regulations (SL No. 35, 2017)
Notified	29 November 2017
Commenced	pts 5 and 6: 1 February 2018; rem: 1 December 2017 (r 2)
Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 6, 2022)
Assent date	14 April 2022
Commenced	pt 7: nc; rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 8 and 18.

• 4

  LIST OF AMENDMENTS

r 9                     amd Act No. 5, 2022, s 75

pt 5 hdg             exp No. 35, 2017, r 35

pt 5

div 1 hdg           exp No. 35, 2017, r 35

rr 22 – 28           exp No. 35, 2017, r 35

pt 5

div 2 hdg           exp No. 35, 2017, r 35

rr 29 – 30           exp No. 35, 2017, r 35

pt 5

div 3 hdg           exp No. 35, 2017, r 35

rr 31 – 32           exp No. 35, 2017, r 35

pt 5

div 4 hdg           exp No. 35, 2017, r 35

rr 33 – 34           exp No. 35, 2017, r 35

pt 6 hdg             exp No. 35, 2017, r 35

r 35                    exp No. 35, 2017, r 35