Road Transport (Public Passenger Services) (Taxi Industry Innovation) Amendment Act 2015 (ACT)

Case

Road Transport (Public Passenger Services) (Taxi Industry Innovation) Amendment Act 2015

A2015-47

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Section 2  2

5Offences against Act—application of Criminal Code etc
Section 4A, note 1  3

6            Functions of road transport authoritySection 5 (a) and (b)  4

7           Section 6 heading  4

8            Section 6 (1), note  4

9            Meaning of bus and public busSection 10A, definition of bus  5

10          Part 3  5

11          Entitlement to operate taxi servicesSection 51 (c)  17

12          Sections 54 and 55  17

13          Regulations about operation of taxi services by accredited peopleSection 56 (a) to (c)  18

14          Section 56 (j)  18

15          Section 56 (m)  18

16          Regulations about operation of taxisSection 57 (f)  19

17          Regulations about conduct of taxi passengersSection 59 (b)  19

18          Section 60  19

19          New part 5A  20

20          Meaning of hire carSection 67  30

21          Meaning of restricted hire carSection 68  30

22          Regulations about operation of hire carsSection 77 (f)  30

23          Section 79  31

24          New section 79A  31

25          Section 110 heading  32

26          Section 110  32

27          Purpose of powers under pt 9Section 115 (a)  32

28          Power to require vehicles or equipment to be inspected and testedSection 119 (5), new definition of equipment  33

29          Unauthorised public passenger servicesSection 125 (2), note 1  33

30          New section 130  34

31          Dictionary, new definitions  34

32          Dictionary, definition of accredited taxi network provider  34

33          Dictionary, new definition of accredited transport booking service         35

34          Dictionary, definition of affiliated  35

35          Dictionary, new definitions  35

36          Dictionary, definition of public passenger vehicle  35

37          Dictionary, new definitions  36

38          Dictionary, definitions of taxi booking service and taxi network             36

39          Dictionary, new definition of transport booking service  36

Schedule 1 Consequential Amendments  37

Part 1.1    Domestic Animals Act 2000  37

Part 1.2    Road Transport (Driver Licensing) Act 1999                 37

Part 1.3    Workers Compensation Act 1951  37

Road Transport (Public Passenger Services) (Taxi Industry Innovation) Amendment Act 2015

A2015-47

An Act to amend the Road Transport (Public Passenger Services) Act 2001, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Road Transport (Public Passenger Services) (Taxi Industry Innovation) Amendment Act 2015.

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

  3. Legislation amended

    This Act amends the Road Transport (Public Passenger Services) Act 2001.

    NoteThis Act also amends other legislation (see sch 1).

  4. Section 2

    substitute

  5. Objects of Act

    The objects of this Act are to—

    (a)provide for the accreditation of the operators of public passenger services and transport booking services that operate in or partly in the ACT; and

    (b)provide for the licensing of vehicles used as taxis, rideshare vehicles and hire cars in or partly in the ACT; and

    (c)provide for an innovative, competitive and reliable public passenger services industry; and

    (d)provide a legislative framework that is adaptable to changes in technology and business models; and

    (e)encourage public passenger services that meet the reasonable expectations of the community for safe, responsive, reliable and efficient public passenger services.

  6. Offences against Act—application of Criminal Code etc
    Section 4A, note 1

    omit

    ·     s 33 (Operating taxi network without entitlement)

    ·     s 54 (Taxi service operators to be affiliated with taxi network)

    substitute

    ·     s 32 (Transport booking service must be accredited)

    ·     s 33 (Transport booking service must comply with accreditation conditions)

    ·     s 34 (Pretend to be accredited transport booking service)

    ·     s 36A (Pretend to be affiliated driver)

    ·     s 36D (Pretend to be affiliated operator)

    ·     s 36E (Taxi driver or taxi service operator must be affiliated with transport booking service)

    ·     s 36F (Rideshare driver must be affiliated with transport booking service)

    ·     s 36G (Transport booking service—responsibilities)

    ·     s 60E (Rideshare driver must be accredited)

    ·     s 60F (Pretend to be accredited rideshare driver)

    ·     s 60G (Rideshare driver must not use unlicensed rideshare vehicle)

    ·     s 60L (Pretend vehicle is licensed rideshare vehicle)

    ·     s 60M (Licensed rideshare vehicle not to be used by unlicensed or unaccredited driver)

    ·     s 60N (Licensed rideshare vehicle not to be used unless insured)

  7. Functions of road transport authority
    Section 5 (a) and (b)

    substitute

    (a)to administer the accreditation schemes established under this Act for the accreditation of—

    (i)transport booking services; and

    (ii)operators of public passenger services; and

    (b)to administer the licensing schemes established under this Act for the licensing of taxis, rideshare vehicles and hire cars; and

  8. Section 6 heading

    substitute

  9. Registers under this Act

  10. Section 6 (1), note

    substitute

    Note 1Section 5 (d) and (e) requires registers for the following to be kept:

    ·     accredited bus service operators

    ·     accredited demand responsive service operators

    ·     accredited hire car service operators

    ·     accredited rideshare drivers

    ·     accredited taxi service operators

    ·     accredited transport booking services

    ·     demand responsive service authorisations

    ·     hire car licences

    ·     restricted hire car licences

    ·     restricted taxi licences

    ·     rideshare vehicle licences

    ·     taxi licences.

    Other registers may be required under the Act.

    Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

  11. Meaning of bus and public bus
    Section 10A, definition of bus

    substitute

    bus—

    (a)means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver); but

    (b)does not include a limousine.

  12. Part 3

    substitute

Part 3Transport booking services

Division 3.1               Basic concepts

  1. Meaning of transport booking service

    In this Act:

    transport booking service—

    (a)means a person who—

    (i)accepts bookings from people for bookable vehicles; and

    (ii)communicates the bookings to bookable vehicle drivers; but

    (b)does not include—

    (i)a person who is a bookable vehicle driver if the booking is for the driver; or

    (ii)a person prescribed by regulation to not be a transport booking service.

    NotePerson includes a corporation as well as an individual (see Legislation Act, s 160).

  2. Meaning of bookable vehicle and bookable vehicle driver

    In this Act:

    bookable vehicle means—

    (a)a taxi; or

    (b)a rideshare vehicle; or

    (c)a hire car.

    NoteTaxi—see s 45.  Rideshare vehicle—see s 60A.  Hire car—see s 67.

    bookable vehicle driver means—

    (a)a taxi driver; or

    (b)a rideshare driver; or

    (c)a hire car driver.

    NoteRideshare driver—see s 60A.  Taxi driver—see the dictionary.

Division 3.2               Transport booking service—accreditation

  1. Transport booking service—purpose of accreditation

    The purpose of accrediting a transport booking service is to ensure that the transport booking service, and each person who is concerned with, or takes part in, the management of the transport booking service—

    (a)is suitable to operate the transport booking service; and

    (b)has demonstrated capacity to comply with this Act.

    NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

  2. Transport booking service—regulations about accreditation

    (1)A regulation may provide a system for the accreditation of transport booking services, including, for example—

    (a)the conditions of an accreditation; and

    (b)matters relating to the issuing, refusal or surrender of an accreditation; and

    (c)the action that may be taken in relation to an accredited transport booking service in circumstances prescribed by regulation, including—

    (i)the suspension or cancellation of an accreditation; and

    (ii)the imposition of a condition on, or the amendment of a condition of, an accreditation; and

    (iii)an order that an accredited transport booking service pay to the Territory an amount of not more than—

    (A)for an individual—$5 000; or

    (B)for a corporation—$25 000; and

    (iv)the reprimanding of an accredited transport booking service.

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)A regulation may make provision about the accreditation of transport booking services, including, for example—

    (a)requirements about the suitability of the applicant and each person who is to be concerned with, or take part in, the management of the transport booking service; and

    (b)capacity to meet service standards.

  3. Transport booking service must be accredited

    (1)A person commits an offence if the person—

    (a)operates a transport booking service; and

    (b)is not an accredited transport booking service.

    Maximum penalty:  50 penalty units.

    (2)An offence against this section is a strict liability offence.

  4. Transport booking service must comply with accreditation conditions

    (1)A person commits an offence if the person—

    (a)is an accredited transport booking service; and

    (b)fails to comply with a condition of the accreditation.

    Maximum penalty:  50 penalty units.

    (2)An offence against this section is a strict liability offence.

  5. Pretend to be accredited transport booking service

    A person commits an offence if the person pretends to be an accredited transport booking service.

    Maximum penalty:  30 penalty units.

Division 3.3               Transport booking service—affiliated drivers and affiliated operators

  1. Meaning of affiliated driver

    In this Act:

    affiliated driver, for a transport booking service, means a bookable vehicle driver who has an affiliated driver agreement with the booking service.

    NoteA rideshare driver must be an affiliated driver (see s 36F).

  2. Meaning of affiliated driver agreement

    In this Act:

    affiliated driver agreement means an agreement between a bookable vehicle driver and a transport booking service for—

    (a)the transport booking service to provide a booking service for the driver; and

    (b)the driver to provide a taxi service, rideshare service or hire car service using a stated bookable vehicle via the booking service.

36APretend to be affiliated driver

(1)A person commits an offence if the person pretends to be an affiliated driver for a transport booking service.

Maximum penalty:  30 penalty units.

(2)An offence against this section is a strict liability offence.

36BMeaning of affiliated operator

In this Act:

affiliated operator, for a transport booking service, means a taxi service operator, or hire care service operator, who has an affiliated operator agreement with the booking service.

36CMeaning of affiliated operator agreement

In this Act:

affiliated operator agreement means an agreement between a taxi service operator, or hire care service operator, and a transport booking service for—

(a)the transport booking service to provide a booking service for drivers for the operator’s service; and

(b)the taxi service operator, or hire care service operator, to operate the taxi service, or hire car service, using stated drivers and stated vehicles, via the booking service.

36DPretend to be affiliated operator

(1)A person commits an offence if the person pretends to be an affiliated operator for a transport booking service.

Maximum penalty:  30 penalty units.

(2)An offence against this section is a strict liability offence.

36ETaxi driver or taxi service operator must be affiliated with transport booking service

(1)A person commits an offence if—

(a)the person is a taxi driver for a taxi service; and

(b)the person is not an affiliated driver for a transport booking service; and

(c)the taxi service operator is not—

(i)an affiliated operator for a transport booking service; or

(ii)an independent taxi service operator.

Maximum penalty:  50 penalty units.

(2)A person commits an offence if the person—

(a)operates a taxi service; and

(b)is not either—

(i)an affiliated operator for a transport booking service; or

(ii)an independent taxi service operator.

Maximum penalty:  50 penalty units.

(3)An offence against this section is a strict liability offence.

36FRideshare driver must be affiliated with transport booking service

(1)A person commits an offence if the person—

(a)is a rideshare driver, and

(b)is not an affiliated driver for a transport booking service.

Maximum penalty:  50 penalty units.

(2)An offence against this section is a strict liability offence.

Division 3.4               Transport booking service—operation

36GTransport booking service—responsibilities

(1)A person commits an offence if the person—

(a)is a transport booking service; and

(b)does not take reasonable steps to ensure that an affiliated driver either—

(i)holds a public vehicle licence that authorises the driver to drive the bookable vehicle; or

(ii)    is exempted by the Road Transport (Driver Licensing) Regulation 2000 from holding an Australian driver licence.

Maximum penalty:  20 penalty units.

(2)A person commits an offence if the person—

(a)is a transport booking service; and

(b)does not take reasonable steps to ensure that—

(i)each affiliated taxi service operator is an accredited taxi service operator; and

(ii)each affiliated hire car service operator is an accredited hire car service operator.

Maximum penalty:  20 penalty units.

(3)A person commits an offence if the person—

(a)is a transport booking service; and

(b)does not take reasonable steps to ensure that—

(i)each affiliated rideshare driver is an accredited rideshare driver; and

(ii)each vehicle to be used by a rideshare driver for a rideshare is—

(A)a licensed rideshare vehicle; and

(B)insured in the way prescribed by regulation under section 60N (d) (Licensed rideshare vehicle not to be used unless insured).

Maximum penalty:  20 penalty units.

(4)An offence against this section is a strict liability offence.

36HTransport booking services—regulations about operation

A regulation may make provision about the operation of transport booking services, including, for example—

(a)the agreements and other arrangements that transport booking services may make with bookable vehicle drivers, taxi service operators and hire car service operators; and

(b)service standards for transport booking services; and

(c)the safety of drivers and passengers (including, for example, particular kinds of security devices); and

(d)the operation of equipment for sending messages between transport booking services and bookable vehicle drivers; and

(e)management of bookings for particular kinds of bookable vehicles including, for example, wheelchair-accessible taxis; and

(f)the accessibility of booking services for different kinds of passengers; and

(g)the payment by passengers of gratuities and other amounts in addition to fares; and

(h)directions that transport booking services may give to bookable vehicle drivers; and

(i)customer inquiries and complaints; and

(j)the making and keeping of records and their inspection; and

(k)the auditing of records and systems; and

(l)the provision of information and reports to the road transport authority.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

36ICourt may order transport booking service to take certain actions

(1)This section applies if a court finds a corporation guilty of an offence against 1 of more of the following sections:

(a)section 32 (Transport booking service must be accredited);

(b)section 33 (Transport booking service must comply with accreditation conditions);

(c)section 36G (Transport booking service—responsibilities).

(2)In addition to, or instead of, any other penalty the court may impose on the corporation, the court may order the corporation to do 1 or more of the following:

(a)take any action stated by the court to publicise—

(i)the offence; and

(ii)the consequences resulting from or related to the conduct from which the offence arose; and

(iii)any penalties imposed, or other orders made, because of the offence;

(b)take any action stated by the court to notify 1 or more stated people of the matters mentioned in paragraph (a);

(c)do stated things or establish or carry out a stated project for the public benefit even if the project is unrelated to the offence.

Example—par (a)

advertise on television or in a daily newspaper

Example—par (b)

publish a notice in an annual report or distribute a notice to shareholders of the corporation

Example—par (c)

develop and operate a community service

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)In making the order, the court may state a period within which the action must be taken, the thing must be done or the project must be established or carried out, and may also impose any other requirement that it considers necessary or desirable for enforcement of the order or to make the order effective.

(4)The total cost to the corporation of compliance with an order or orders under subsection (2) in relation to a single offence must not be more than 6 500 penalty units (including any fine imposed for the offence).

(5)If the court decides to make an order under subsection (2), it must, in deciding the kind of order, take into account, as far as practicable—

(a)the severity and extent of the consequences resulting from or related to the conduct from which the offence arose; and

(b)any actions taken by the corporation to rectify damage resulting from or related to the conduct from which the offence arose; and

(c)the financial circumstances of the corporation; and

(d)the nature of the burden that compliance with the order will impose on the corporation.

(6)The court is not prevented from making an order under subsection (2) only because it has been unable to find out the financial circumstances of the corporation.

(7)If a corporation fails, without reasonable excuse, to comply with an order under subsection (2) (a) or (b) within the stated period (if any) the court may, on application by the road transport authority, by order authorise the director‑general—

(a)to do anything that is necessary or convenient to carry out any action that remains to be done under the order and that it is still practicable to do; and

(b)to publicise the failure of the corporation to comply with the order.

(8)If the court makes an order under subsection (7), the director‑general must comply with the order.

(9)Subsection (7) does not prevent contempt of court proceedings from being started or continued against a corporation that has failed to comply with an order under this section.

(10)The reasonable cost of complying with an order under subsection (7) is a debt owing to the Territory by the corporation against which the order was made.

  1. Entitlement to operate taxi services
    Section 51 (c)

    substitute

    (c)the person is either—

    (i)affiliated with an accredited transport booking service; or

    (ii)an independent taxi service operator.

  2. Sections 54 and 55

    omit

  3. Regulations about operation of taxi services by accredited people
    Section 56 (a) to (c)

    substitute

    (a)the specifications for, and operation of—

    (i)equipment in taxis to receive messages from transport booking services; and

    (ii)taximeters; and

    (b)the operation of a taxi service by an independent taxi service operator; and

    (c)the supervision and monitoring of taxi drivers for compliance with the service standards and the responsibilities of the operator in relation to a failure to comply with the standards; and

  4. Section 56 (j)

    substitute

    (j)the obligations of taxi drivers and other people providing services to or on behalf of accredited taxi service operators; and

  5. Section 56 (m)

    substitute

    (m)the maintenance and condition of taxis; and

  6. Regulations about operation of taxis
    Section 57 (f)

    omit

  7. Regulations about conduct of taxi passengers
    Section 59 (b)

    substitute

    (b)the authority of taxi drivers, police officers and authorised people to direct people contravening a regulation to leave a taxi; and

    (c)the authority of police officers and authorised people to remove people from a taxi if they fail to leave when directed.

  8. Section 60

    substitute

  9. Power to determine taxi fares

    (1)The Minister may determine fares, and ways of calculating fares, for hiring or using a taxi.

    NotePower to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

    (2)A determination is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (3)In this section:

    fare includes a charge relating to hiring or using a taxi.

  10. New part 5A

    insert

Part 5ARidesharing

Division 5A.1            Basic concepts

60AMeaning of rideshare service, rideshare driver, rideshare and rideshare vehicle

In this Act:

rideshare service—

(a)means a public passenger service where—

(i)a passenger books the transport through a transport booking service; and

(ii)the transport booking service communicates the passenger’s booking to a driver (the rideshare driver); and

(iii)the driver carries out the transport booked (the rideshare) using a vehicle (the rideshare vehicle); but

(b)does not include a public passenger service provided by a taxi service or hire car service.

Note 1A public passenger service is a service for the transport of passengers for a fare or other consideration by public passenger vehicles along a road or road related area (see s 10).

Note 2Transport booking service—see s 28.

Note 3

A rideshare driver must be accredited (see s 60E).


A rideshare vehicle must be licensed (see s 60G).

Division 5A.2            Rideshare drivers

Note 1A rideshare driver for a rideshare must hold a public vehicle licence to drive the rideshare vehicle (see Road Transport (Driver Licensing) Act 1999, s 31).

Note 2Rideshare drivers’ insurance is dealt with in pt 8A.

Subdivision 5A.2.1    Rideshare drivers—accreditation

60BRideshare driver—purposes of accreditation

The purpose of accreditation under the regulation to operate a rideshare service is to ensure that the accredited person—

(a)is a suitable person to operate a rideshare service; and

(b)has demonstrated the capacity to comply with relevant regulations and, in particular, regulations about the safety of passengers and the public.

60CRideshare driver—regulations about accreditation system

(1)A regulation may provide a system for the accreditation of people to operate rideshare services, including, for example—

(a)the conditions of accreditations; and

(b)matters in relation to the giving, refusal or surrender of accreditations; and

(c)the action that may be taken in relation to an accredited person in circumstances prescribed by regulation, including, for example—

(i)the suspension or cancellation of an accreditation; and

(ii)the imposition of a condition on, or the amendment of a condition of, an accreditation; and

(iii)an order that an accredited person pay to the Territory an amount of not more than—

(A)for an individual—$5 000; or

(B)for a corporation—$25 000; and

(iv)the reprimanding of an accredited person.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)A regulation may make provision in relation to the accreditation of people to operate rideshare services, including, for example—

(a)requirements about the suitability of the applicant; and

(b)capacity to meet service standards.

60DEntitlement to operate rideshare services

A person is entitled to operate a rideshare service in, or partly in, the ACT if the person is—

(a)an accredited rideshare driver; and

(b)an affiliated driver for a transport booking service.

60ERideshare driver must be accredited

(1)A person commits an offence if the person—

(a)is a rideshare driver for a rideshare carried out in, or partly in, the ACT; and

(b)is not an accredited rideshare driver.

Maximum penalty:  50 penalty units.

(2)This section does not apply to a person in relation to a rideshare if—

(a)the person is authorised to operate a rideshare service under the law of another jurisdiction; and

(b)the rideshare starts in that jurisdiction and is completed in the ACT; and

(c)the rideshare is of a kind that the person is authorised to operate under the law of that jurisdiction.

(3)An offence against this section is a strict liability offence.

60FPretend to be accredited rideshare driver

(1)A person commits an offence if the person pretends to be an accredited rideshare driver.

Maximum penalty:  30 penalty units.

(2)An offence against this section is a strict liability offence.

Subdivision 5A.2.2    Rideshare drivers—regulation

60GRideshare driver must not use unlicensed rideshare vehicle

(1)A person commits an offence if—

(a)the person is a rideshare driver for a rideshare; and

(b)the rideshare vehicle used by the person for the rideshare is not a licensed rideshare vehicle.

Maximum penalty:  50 penalty units.

(2)This section does not apply if—

(a)the vehicle is licensed as a rideshare vehicle under the law of another jurisdiction; and

(b)the rideshare begins in that jurisdiction and is completed in the ACT.

60HRegulations about operation of rideshare service

A regulation may make provision about the operation of rideshare services by rideshare drivers, including, for example—

(a)compliance with service standards; and

(b)insurance; and

(c)the solicitation of passengers or rideshare bookings; and

(d)the booking of rideshare vehicles; and

(e)customer complaints and inquiries; and

(f)lost property; and

(g)the making and keeping of records and their inspection; and

(h)the auditing of records and systems; and

(i)requirements for advertising for the service; and

(j)the provision of information and reports to the road transport authority.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

60IRegulations about rideshare drivers

A regulation may make provision about rideshare drivers, including, for example—

(a)the powers, duties and conduct of rideshare drivers; and

(b)the safety of rideshare drivers and passengers (including, for example, particular kinds of security devices); and

(c)the qualifications, training and experience required for rideshare drivers; and

(d)maximum driving times and minimum rest times of rideshare drivers; and

(e)the picking up and dropping off of passengers and other matters relating to the transport of passengers; and

(f)the transport of passengers’ luggage or other goods, and animals; and

(g)the payment by passengers of gratuities and other amounts in addition to fares; and

(h)the display of licences.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Division 5A.3            Rideshare vehicles

60JMeaning of rideshare vehicle licence

In this Act:

rideshare vehicle licence means a licence that—

(a)is issued under the regulation to the registered operator of a vehicle; and

(b)authorises the vehicle to be used as a rideshare vehicle.

NoteA rideshare driver must not use an unlicensed rideshare vehicle for a rideshare (see s 60G).

60KRideshare vehicle licence not transferable

A rideshare vehicle licence is not transferable.

60LPretend vehicle is licensed rideshare vehicle

A person commits an offence if the person pretends that a vehicle is a licensed rideshare vehicle.

Maximum penalty:  30 penalty units.

60MLicensed rideshare vehicle not to be used by unlicensed or unaccredited driver

A person commits an offence if—

(a)the person is a rideshare vehicle licensee; and

(b)the vehicle is used as a rideshare vehicle for a rideshare; and

(c)the person is not the rideshare driver for the rideshare; and

(d)the person does not take reasonable steps to ensure that the rideshare driver—

(i)either—

(A)holds a public vehicle licence to drive the rideshare vehicle; or

(B)   is exempted by the Road Transport (Driver Licensing) Regulation 2000 from holding an Australian driver licence; and

(ii)is an accredited rideshare driver.

Maximum penalty:  20 penalty units.

Note 1A rideshare driver must hold a public vehicle licence to drive the rideshare vehicle (see Road Transport (Driver Licensing) Act 1999, s 31).

Note 2Rideshare drivers’ insurance is dealt with in pt 8A.

60NLicensed rideshare vehicle not to be used unless insured

A person commits an offence if—

(a)the person is a rideshare vehicle licensee; and

(b)the vehicle is used as a rideshare vehicle for a rideshare; and

(c)the person is not the rideshare driver for the rideshare; and

(d)the person does not take reasonable steps to ensure that the vehicle is insured in the way prescribed by regulation.

Maximum penalty:  50 penalty units.

NoteAdditional public passenger vehicle insurance is dealt with in pt 8A.

60ORegulations about rideshare vehicles

(1)A regulation may provide a system for the licensing of rideshare vehicles, including, for example—

(a)matters in relation to the giving, refusal or surrender of rideshare vehicle licences; and

(b)the term of rideshare vehicle licences; and

(c)the conditions of rideshare vehicle licences; and

(d)the action that may be taken in relation to rideshare vehicle licences in circumstances prescribed by regulation, including, for example—

(i)the suspension or cancellation of a licence; and

(ii)the imposition of a condition on, or the amendment of a condition of, a licence; and

(iii)an order that the licensee pay to the Territory an amount of not more than—

(A)for an individual—$5 000; or

(B)for a corporation—$25 000; and

(iv)the reprimanding of the licensee.

Example—par (c)

how the licensed vehicle is to be equipped

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)A regulation may make provision about the operation of rideshare vehicles, including, for example—

(a)service standards for rideshare vehicles; and

(b)the regulation or prohibition of the use of rideshare vehicles on certain roads or road related areas; and

(c)the design, equipment and fittings (internal or external) of rideshare vehicles; and

(d)the regulation or prohibition of notices, signs and advertisements inside or on the outside of rideshare vehicles; and

(e)the records to be made and kept, how they are to be made and kept, and their inspection; and

(f)the maintenance and condition of rideshare vehicles.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Division 5A.4            Rideshare passengers and fares

60PRegulations about conduct of rideshare vehicle passengers

A regulation may make provision in relation to the conduct of rideshare passengers, including, for example—

(a)the authority of rideshare drivers, police officers and authorised people to direct people contravening a regulation to leave a rideshare vehicle; and

(b)the authority of police officers and authorised people to remove people from a rideshare vehicle if they fail to leave when directed.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

60QPower to determine rideshare fares

(1)The Minister may determine fares, and ways of calculating fares, for ridesharing.

NotePower to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(2)A determination is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(3)In this section:

fare includes a charge relating to ridesharing.

  1. Meaning of hire car
    Section 67

    after

    taxi

    insert

    , rideshare vehicle

  2. Meaning of restricted hire car
    Section 68

    after

    taxi

    insert

    , rideshare vehicle

  3. Regulations about operation of hire cars
    Section 77 (f)

    omit

  4. Section 79

    substitute

  5. Regulations about conduct of hire car passengers

    A regulation may make provision in relation to the conduct of hire car passengers, including, for example—

    (a)the authority of hire car drivers, police officers and authorised people to direct people contravening a regulation to leave a hire car; and

    (b)the authority of police officers and authorised people to remove people from a hire car if they fail to leave when directed.

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  6. New section 79A

    in division 7.4, insert

79APower to determine hire car fares

(1)The Minister may determine fares, and ways of calculating fares, for hiring or using a hire car.

NotePower to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(2)A determination is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(3)In this section:

fare includes a charge relating to hiring or using a hire car.

  1. Section 110 heading

    substitute

  2. Definitions—Act

  3. Section 110

    omit

    In this part:

    substitute

    In this Act:

  4. Purpose of powers under pt 9
    Section 115 (a)

    after

    taxi licence

    insert

    , rideshare vehicle licence

  5. Power to require vehicles or equipment to be inspected and tested
    Section 119 (5), new definition of equipment

    insert

    equipment, for a vehicle that is a bookable vehicle, includes any device used by the driver of the vehicle to communicate with a transport booking service.

    Examples—device used to communicate with a transport booking service

    ·     the driver’s mobile phone

    ·     the driver’s iPad

    Note 1Bookable vehicle means a taxi, a rideshare vehicle or a hire car (see s 29).

    Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  6. Unauthorised public passenger services
    Section 125 (2), note 1

    substitute

    Note 1For the entitlement of a person to operate a public passenger service, see the following provisions:

    ·     s 18 (Entitlement to regular route services)

    ·     s 19 (Entitlement to operate tour and charter services)

    ·     s 51 (Entitlement to operate taxi services)

    ·     s 60D (Entitlement to operate rideshare services)

    ·     s 73 (Entitlement to operate hire car services)

    ·     s 90 (Entitlement to operate demand responsive services).

  7. New section 130

    insert

  8. Transitional regulations

    (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Road Transport (Public Passenger Services) (Taxi Industry Innovation) Amendment Act 2015.

    (2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

    (3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

    (4)This section expires 1 year after the day it commences.

    NoteTransitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

  9. Dictionary, new definitions

    insert

    accredited operator, of a public passenger vehicle—see section 110.

    accredited rideshare driver means a person accredited under regulation to operate a rideshare service.

  10. Dictionary, definition of accredited taxi network provider

    omit

  11. Dictionary, new definition of accredited transport booking service

    insert

    accredited transport booking service means a transport booking service accredited under regulation to operate a transport booking service.

  12. Dictionary, definition of affiliated

    omit

  13. Dictionary, new definitions

    insert

    affiliated driver, for a transport booking service—see section 35.

    affiliated driver agreement—see section 36.

    affiliated operator, for a transport booking service—see section 36B.

    affiliated operator agreement—see section 36C.

    bookable vehicle—see section 29.

    bookable vehicle driver—see section 29.

    independent taxi service operator means a taxi service operator approved under regulation as an independent taxi service operator.

    licensed rideshare vehicle means a vehicle that is the subject of a rideshare vehicle licence.

  1. Dictionary, definition of public passenger vehicle

    substitute

    public passenger vehicle means a public bus, taxi, rideshare vehicle, hire car or demand responsive service vehicle.

  2. Dictionary, new definitions

    insert

    public passenger vehicle policy—see section 110.

    rideshare—see section 60A.

    rideshare driver—see section 60A.

    rideshare service—see section 60A.

    rideshare vehicle—see section 60A.

    rideshare vehicle licence—see section 60J.

  3. Dictionary, definitions of taxi booking service and taxi network

    omit

  4. Dictionary, new definition of transport booking service

    insert

    transport booking service—see section 28.


Schedule 1Consequential Amendments

(see s 3)

Part 1.1Domestic Animals Act 2000

[1.1]Dictionary, definition of public place, note

substitute

NoteA public passenger vehicle is a public bus, taxi, rideshare vehicle, hire car or demand responsive service vehicle.

Part 1.2Road Transport (Driver Licensing) Act 1999

[1.2]Dictionary, definition of public vehicle, note

substitute

NoteA public passenger vehicle is a public bus, taxi, rideshare vehicle, hire car or demand responsive service vehicle.

Part 1.3Workers Compensation Act 1951

[1.3]New section 11 (2) (c)

insert

(c)the engagement of the individual is under a contract or similar contracts prescribed by regulation, even if the engagement has not been on a regular or systematic basis.

[1.4]Section 11, examples 4 and 10

omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 29 October 2015.

  2. Notification

    Notified under the Legislation Act on 24 November 2015.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport (Public Passenger Services) (Taxi Industry Innovation) Amendment Bill 2015, which was passed by the Legislative Assembly on 17 November 2015.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2015

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0