Road Transport (Taxi Industry Innovation) Legislation Amendment Regulation 2016 (No 1) (ACT)
Road Transport (Taxi Industry Innovation) Legislation Amendment Regulation 2016 (No 1)
Subordinate Law SL2016-20
The Australian Capital Territory Executive makes the following regulation under the Road Transport (Driver Licensing) Act 1999, the Road Transport (General) Act 1999, the Road Transport (Public Passenger Services) Act 2001, the Road Transport (Safety and Traffic Management) Act 1999, the Road Transport (Third‑Party Insurance) Act 2008, the Road Transport (Vehicle Registration) Act 1999 and the Workers Compensation Act 1951.
Dated 25 July 2016.
Andrew Barr
Minister
Shane Rattenbury
Minister
Road Transport (Taxi Industry Innovation) Legislation Amendment Regulation 2016 (No 1)
Subordinate Law SL2016-20
made under the
Road Transport (Driver Licensing) Act 1999 and the Road Transport (General) Act 1999 and the Road Transport (Public Passenger Services) Act 2001 and the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (Third-Party Insurance) Act 2008 and the Road Transport (Vehicle Registration) Act 1999 and the Workers Compensation Act 1951
Contents
Page
1 Name of regulation 1
2 Commencement 1
3 Legislation amended 1
4 Section 4A, note 1 1
5 Chapter 2 heading 3
6 Part 2.1 heading 3
7 New part 2.1A heading 4
8 Section 5 (2) and (3) 4
9 Part 2.2 heading 4
10 Sections 6 and 6A 4
11 Section 6B heading 5
12 Section 6B 5
13 Section 7 (1), note 5
14 Section 7 (2) 5
15 Section 7 (5) 6
16 Section 7 (6), new definition of police certificate 6
17 Section 8 (1) 7
18 Section 8 (2) (c) 7
19 Section 9 (1) (b) 7
20 Section 12 (1) 7
21 Section 12 (4) 8
22 Sections 13 and 13A 8
23 Section 14 (1) (c) 8
24 Section 14 (1), new example 8
25 Part 2.3 heading 8
26 Section 18B 8
27 Section 19 (1) 8
28 Section 20 9
29 New part 2.4 9
30 Section 28 (1) (a) 11
31 Section 33 11
32 Section 46 (2), note 11
33 New chapter 3A 11
34 Chapter 4 heading 28
35 Parts 4.1, 4.1A and 4.2 29
36 Part 4.3 heading 53
37 Division 4.3.1 heading 53
38 Sections 93 and 94 53
39 Section 97 54
40 New section 99 (1) (ba) 55
41 Section 99 (4) and (5) 55
42 Section 100 (1) (a) 55
43 Section 100 (4), note 55
44 Section 101 55
45 Section 101A 55
46 Section 101A (1), note 56
47 New section 101B 56
48 Sections 103 to 108 56
49 Section 109 (1) (c) 57
50 Section 109 (3), example 1 57
51 Section 109 (4) 57
52 Sections 110 to 112 58
53 Division 4.3.2 heading 58
54 Sections 113 to 121 58
55 Sections 125 to 126 60
56 Division 4.3.3 heading 60
57 Section 127A (1) (c) to (e) 61
58 New section 127B 61
59 Section 128 62
60 Section 129 heading 62
61 Section 129 (1) 62
62 Section 129 (2) 62
63 Section 129 (3) 62
64 Section 129 (4) to (6) 63
65 Section 130 64
66 Section 131 (1) 64
67 Section 131 (2) 64
68 Section 131 (2), new note 64
69 Section 131 (3) 64
70 Sections 133 to 135 64
71 Section 136 (2) 65
72 Section 138 (1) (a) 65
73 Section 140 (3) (b) and note 65
74 New section 140A 66
75 Section 141 66
76 Section 142A (1) (a) 66
77 Section 142A (1) (a) (ii), new note 66
78 Section 143A (3) (b) 67
79 Section 143A (4) (b) 67
80 Section 144B 67
81 Division 4.3.4 heading 68
82 Sections 146 and 149 to 154 68
83 Division 4.3.4B 68
84 Division 4.3.5 heading 68
85 Sections 155 to 157 68
86 Section 158 (2) (c) 68
87 Section 159 68
88 Section 162 (1) 69
89 Section 163 (1) (b) 69
90 Section 164 69
91 Chapter 4A 70
92 Chapter 5 heading 85
93 Part 5.1 heading 85
94 Divisions 5.1.1 and 5.1.2 headings 85
95 Division 5.1.2A heading 85
96 Section 172 (3) and note 85
97 Section 173 (1) (b) and penalty 86
98 Section 173 (2) 86
99 Section 176 (1) note 86
100 Section 177 (4) 86
101 Division 5.1.3 heading 86
102 Section 177A heading 86
103 Section 177A 87
104 Part 5.2 heading 87
105 Divisions 5.2.1 and 5.2.2 headings 87
106 Sections 179 and 180 87
107 Section 181 88
108 New section 182 (1) (ba) 89
109 Section 182 (3) and (4) 89
110 Section 183 (2) (a) 89
111 Section 183 (4), note 89
112 Sections 185 and 188 to 196 89
113 Divisions 5.2.3 to 5.2.5 89
114 Division 5.2.6 heading 89
115 Sections 219 and 220 89
116 Section 221 (2) and (3) 90
117 Section 221 (6) and note 90
118 New parts 3A.5 and 3A.6 90
119 Section 238 (1), penalty 117
120 Section 254 (2) (a) 118
121 New section 279A 118
122 Section 280 (2), note 118
123 Section 320, definition of service authority, paragraphs (b) and (c) 118
124 Section 321 heading 119
125 Section 321 (1) (a), new note 119
126 Section 321 (1) (b) 119
127 Section 321 (2) 119
128 Section 321 (2) (a) to (d) 119
129 Section 321 (2) (e) to (g) 120
130 Section 321 (3) 120
131 Section 322 heading 120
132 Section 322 (1) (c) 120
133 New section 322 (3) 121
134 Sections 324 to 326 headings 121
135 Section 326 (1) (a) 121
136 Section 326 (1) (b) 121
137 Section 326 (3) 122
138 New chapter 11 122
139 Schedule 1 heading 131
140 Schedule 1, part 1.2 131
141 Schedule 1, part 1.3 heading 133
142 Schedule 1, part 1.3, section 3 (a) and (b) 133
143 Schedule 1, part 1.3, section 3 (f) 133
144 Schedule 1, new part 1.3A 134
145 Schedule 1, part 1.4 heading 135
146 Schedule 1, part 1.4, section 4 (a) and (b) 136
147 Schedule 1, part 1.5 136
148 Dictionary 136
149 Further amendments, mentions of Minister 144
150 Further amendments, mentions of Minister 145
151 Further amendments, mentions of Minister’s 145
152 Legislation repealed 146
Schedule 1 Other amendments 149
Part 1.1 Road Transport (Driver Licensing) Regulation 2000 149
Part 1.2 Road Transport (General) Regulation 2000 157
Part 1.3 Road Transport (Offences) Regulation 2005 163
Part 1.4 Road Transport (Safety and Traffic Management) Regulation 2000 189
Part 1.5 Road Transport (Third‑Party Insurance) Regulation 2008 191
Part 1.6 Road Transport (Vehicle Registration) Regulation 2000 192
Part 1.7 Workers Compensation Regulation 2002 193
Name of regulation
This regulation is the Road Transport (Taxi Industry Innovation) Legislation Amendment Regulation 2016 (No 1).
Commencement
(1)This regulation (other than schedule 1, part 1.7) commences on 1 August 2016.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Schedule 1, part 1.7 (Workers Compensation Regulation 2002) commences on 1 November 2016.
Legislation amended
This regulation amends the Road Transport (Public Passenger Services) Regulation 2002.
Note 1This regulation also amends other legislation (see sch 1).
Note 2This regulation also repeals other legislation (see s 152).
Section 4A, note 1
substitute
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this regulation (see Code, pt 2.1):
· s 18A (Recovery of lost or stolen certificate of accreditation)
· s 20C (Regulated service must comply with service standards)
· s 23 (Notification of changes to bus fleet)
· s 24 (Notifiable incidents involving buses)
· s 26 (Bus drivers to hold appropriate driver licence or authority)
· s 27 (Records of bus drivers etc to be maintained by accredited operator)
· s 27A (Accredited operator to tell road transport authority about records of bus drivers etc)
· s 30B (Airconditioning of buses)
· s 30C (Bus service vehicle livery)
· s 30D (Offensive material etc in or on buses)
· s 30E (Compliance with dress code of practice)
· s 34 (Effect of noncompliance notices—bus operators)
· s 40 (Responsibility of bus drivers for lost property)
· s 42 (Dress and conduct of bus drivers)
· s 45 (Effect of noncompliance notices—bus drivers)
· s 53 (Bus seats for older people and people with disabilities)
· s 67 (Lost property found by bus passengers)
· a provision of pt 3A.1 (Transport booking services)
· a provision of div 3A.2.1 (Independent taxi service operators)
· a provision of div 3A.2.2 (Taxi licences)
· s 94 (Taxi service operator—must tell authority about affiliation)
· s 95 (Taxis to be fitted with complying taximeters)
· s 97 (Taxi service operator—drivers to be licensed and skilled)
· s 99 (Records of taxi drivers etc to be maintained by accredited operator)
· s 101A (Wheelchair‑accessible taxi operator to have equipment and arrangements with WTBS)
· s 101B Wheelchair‑accessible taxi operator—WTBS’s approved procedures and rules
· s 107 (Taxi must have identifying signs and livery)
· s 114 (Wheelchair‑accessible taxi driver—special responsibilities)
· s 115 (Wheelchair‑accessible taxi driver—connection to WTBS)
· s 116 (Wheelchair‑accessible taxi driver—WTBS’s procedures and rules)
· s 143 (Driver not to start taximeter before hiring begins)
· s 143A (When driver must start taximeter)
· s 143B (Operation of taximeter during hiring)
· s 143C (Operation of taximeter at end of hiring)
· s 144 (Driver to ask for correct fare)
· s 144A (Payment of taxi fare)
· s 144B (Payment under taxi subsidy scheme)
· a provision of pt 3A.3 (Ridesharing)
· a provision of pt 3A.4 (Hire cars)
· a provision of pt 3A.5 (Bookable vehicles generally)
· a provision of ch 6 (Demand responsive services)
· a provision of ch 7 (Driver authority cards)
· a provision of ch 8 (Disciplinary action).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Chapter 2 heading
substitute
Chapter 2Regulated services
Part 2.1 heading
substitute
Part 2.1Meaning of regulated service
4BMeaning of regulated service—ch 2
In this chapter:
regulated service means—
(a)a bus service; or
(b)a transport booking service; or
(c)a taxi service; or
(d)a ridesharing service; or
(e)a hire car service; or
(f)a restricted hire car service; or
(g)a demand responsive service.
New part 2.1A heading
before section 5, insert
Part 2.1AAccreditation
Section 5 (2) and (3)
substitute
(2)The road transport authority may accredit people to operate transport booking services.
(3)The road transport authority may accredit people to operate taxi services.
(3A)The road transport authority may accredit people to operate ridesharing services.
Part 2.2 heading
omit
Sections 6 and 6A
omit
Section 6B heading
substitute
6BMeaning of relevant person for accreditation and applications for accreditation
Section 6B
omit
In this part:
substitute
In this regulation:
Section 7 (1), note
substitute
Note 1If a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.
Note 2A fee may be determined under the Road Transport (General) Act 1999, s 96 for this provision.
Section 7 (2)
substitute
(2)The application must—
(a)be in writing; and
(b)state—
(i)the applicant’s full name; and
(ii)the kind of accreditation for the application; and
(iii)an Australian address for service of notices; and
(c)for an application for accreditation to operate a transport booking service—include contact details for a person who will be available at any time to deal with matters regarding the transport booking service; and
(d)include a police certificate for each relevant person, dated not earlier than 6 months before the date of the application.
Section 7 (5)
omit
Section 7 (6), new definition of police certificate
insert
police certificate, for a person, means a written statement by the Australian Federal Police or the Australian Criminal Intelligence Commission indicating—
(a)whether, according to the records held by the Australian Federal Police or the Australian Criminal Intelligence Commission, the person has been charged with, or convicted of, an offence against a law of—
(i)the Territory; or
(ii)the Commonwealth; or
(iii)a State; or
(iv)another country; and
(b)if so—particulars of each offence.
NoteA conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
Section 8 (1)
substitute
(1)The road transport authority must refuse an application for accreditation (including renewal) if—
(a)if the applicant is an individual—the applicant is not—
(i)an Australian citizen; or
(ii)a permanent resident; or
(iii)a temporary resident who holds a visa that allows the person to work carrying out the regulated service to which the application relates; or
(b)the authority believes on reasonable grounds that the applicant is not a suitable person to operate the regulated service to which the application relates.
Section 8 (2) (c)
omit
Section 9 (1) (b)
substitute
(b)the person has contravened a service standard for the operation of the regulated service for the accreditation; or
Section 12 (1)
substitute
(1)If the road transport authority accredits a person to operate a regulated service, the authority must give the person a certificate of accreditation.
Section 12 (4)
substitute
(4)The maximum period for which the road transport authority may accredit a person (or renew an accreditation) to operate a regulated service is 6 years.
Sections 13 and 13A
omit
Section 14 (1) (c)
omit
Section 14 (1), new example
insert
6 A change of address for service of notices.
Part 2.3 heading
omit
Section 18B
omit
Section 19 (1)
after
accreditation
insert
(approved educational qualifications)
Section 20
omit
taxi network
substitute
transport booking service
New part 2.4
insert
Part 2.4Service standards
20BService standards for regulated services
(1)The road transport authority may make service standards for a regulated service (the service standards).
(2)Service standards for a regulated service may include standards about—
(a)the matters mentioned in schedule 1 for the regulated service; and
(b)anything else about the safe, reliable or efficient provision of the regulated service; and
(c)monitoring an accredited operator’s compliance with the service standards, including, for example—
(i)the making, management and auditing (including performance auditing) of records and systems required to be kept under the Act; and
(ii)reporting requirements; and
(d)anything else the authority considers appropriate.
Note 1Power 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).
Note 2An 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, s 126 and s 132).
(3)A service standard is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
20CRegulated service must comply with service standards
(1)A person commits an offence if the person—
(a)operates a regulated service; and
(b)fails to comply with a service standard for the regulated service that applies to the person.
Maximum penalty: 20 penalty units.
(2)A person commits an offence if—
(a)the person holds a licence to use a vehicle for a regulated service; and
(b)the vehicle is used to operate a regulated service; and
(c)the vehicle fails to comply with a service standard for the regulated service.
Maximum penalty: 20 penalty units.
Section 28 (1) (a)
omit
4 years
substitute
2 years
Section 33
omit
Section 46 (2), note
omit
New chapter 3A
insert
Chapter 3ABookable vehicles
Part 3A.1Transport booking services
Division 3A.1.1 Transport booking services—generally
NoteSome taxi drivers and taxi service operators must be affiliated with a transport booking service (see Act, s 36E).
All rideshare drivers must be affiliated with a transport booking service (see Act, s 36F).
Hire car drivers and hire car service operators may be affiliated with a transport booking service.
70AMeaning of affiliated driver, affiliated hire car driver and affiliated taxi driver
In this regulation:
affiliated driver, for a transport booking service, includes a driver for an affiliated operator for the transport booking service.
NoteAffiliated driver
—see the Act, s 35.
Affiliated operator—see the Act, s 36B.
affiliated hire car driver, for a transport booking service, means the following hire car drivers:
(a)a hire car driver who has an affiliated driver agreement with the booking service;
(b)a hire car driver for a hire car service operator who is an affiliated operator for the transport booking service.
affiliated taxi driver, for a transport booking service, means the following taxi drivers:
(a)a taxi driver who has an affiliated driver agreement with the booking service;
(b)a taxi driver for a taxi service operator who is an affiliated operator for the transport booking service.
70BTransport booking service—must ensure affiliated drivers have required knowledge and skills
(1)A person commits an offence if—
(a)the person is a transport booking service; and
(b)a determination is in force under section 221U (Knowledge and skills to be bookable vehicle driver); and
(c)the person does not take reasonable steps to ensure that each affiliated driver has the knowledge and skills required under the determination to be a bookable vehicle driver.
Maximum penalty: 20 penalty units.
(2)This section does not apply in relation to an affiliated wheelchair‑accessible taxi driver.
NoteTransport booking services must also ensure affiliated drivers are licensed (see Act, s 36G).
70CTransport booking service—must ensure bookable vehicle is licensed
(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 each—
(i)taxi to be used by an affiliated taxi driver is a licensed taxi; and
(ii)rideshare vehicle to be used by an affiliated rideshare driver is a licensed rideshare vehicle; and
(iii)hire car to be used by an affiliated hire car driver is a licensed hire car.
Maximum penalty: 20 penalty units.
(2)This section does not apply to a WTBS.
70DTransport booking service—must be available to take bookings
(1)A person commits an offence if the person—
(a)is a transport booking service; and
(b)has affiliated taxi drivers; and
(c)does not take reasonable steps to ensure that the booking service is available at all times to—
(i)accept bookings from people for taxis; and
(ii)communicate the bookings to affiliated taxi drivers.
Maximum penalty: 20 penalty units.
(2)A person commits an offence if the person—
(a)is a transport booking service; and
(b)has affiliated rideshare drivers; and
(c)does not take reasonable steps to ensure that the booking service is available at all times to—
(i)accept bookings from people for rideshare vehicles; and
(ii)communicate the bookings to affiliated rideshare drivers.
Maximum penalty: 20 penalty units.
(3)This section does not apply to a WTBS.
70ETransport booking service—must give fare estimate and vehicle identifier
(1)A person commits an offence if—
(a)the person is a transport booking service; and
(b)the person communicates a hirer’s booking to a bookable vehicle driver; and
(c)the Minister has not determined a maximum fare, or a way of calculating a maximum fare, for the hiring; and
NoteThe Minister may determine fares and ways of calculating fares under the Act, s 60, s 60Q and s 79A.
(d)the person does not, before the hiring begins, make available to the hirer an option to obtain an estimate of the fare for the hiring.
Maximum penalty: 20 penalty units.
(2)A person commits an offence if the person—
(a)is a transport booking service; and
(b)communicates a hirer’s booking to—
(i)a rideshare driver; or
(ii)a hire car driver; and
(c)does not, before the hiring begins, give the hirer sufficient information for the hirer to identify the booked vehicle and driver.
NoteA taxi must have identifying signs and livery (see s 107).
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
Division 3A.1.2 Transport booking services—records
70FMeaning of affiliated driver record and affiliated operator record—div 3A.1.2
In this division:
affiliated driver record means a record of the following details for the affiliated driver:
(a)the affiliated driver’s full name, home address and date of birth;
(b)the affiliated driver’s prescribed driver authority information;
NotePrescribed driver authority information—see the dictionary.
(c)if a determination is in force under section 221U (Knowledge and skills to be bookable vehicle driver)—evidence that the affiliated driver has the knowledge and skills required under the determination to be a bookable vehicle driver;
(d)for an affiliated taxi driver—whether the affiliated driver has—
(i)successfully completed an approved wheelchair‑accessible taxi driver training course; or
(ii)been exempted by the road transport authority under section 160 (Authority may exempt wheelchair‑accessible taxi drivers from approved training course) from the requirement to successfully complete the course;
(e)the registration number of each bookable vehicle used by the affiliated driver to carry out each hiring booked via the transport booking service.
NoteTaxi drivers must be affiliated drivers unless their taxi service operator is an affiliated operator or an independent taxi service operator (see Act, s 36E).
Rideshare drivers must be affiliated drivers (see Act, s 36F).
Hire car drivers may be affiliated drivers.
affiliated operator record, for an affiliated operator for a transport booking service, means a record of the following details for the operator:
(a)the operator’s full name and home address;
(b)if the operator is—
(i)an individual—the operator’s date of birth; or
(ii)a corporation—the operator’s ACN;
(c)the operator’s accreditation number;
(d)the kind of public passenger service the operator is accredited to operate;
(e)the expiry date of the accreditation;
(f)the registration numbers of the bookable vehicles used by the operator to operate the public passenger service via the transport booking service.
NoteTaxi service operators must be affiliated operators unless they are independent taxi service operators (see Act, s 36E).
Hire car service operators may be affiliated operators.
70GTransport booking service—affiliated driver records
(1)A person commits an offence if the person—
(a)is a transport booking service; and
(b)does not—
(i)keep an affiliated driver record for each affiliated driver for the transport booking service; and
(ii)take reasonable steps to ensure each affiliated driver record is up‑to‑date.
Maximum penalty: 10 penalty units.
(2)A person commits an offence if the person—
(a)is or has been a transport booking service; and
(b)does not keep each affiliated driver record for at least 2 years after the last date on which the driver carried out a booking via the transport booking service.
Maximum penalty: 10 penalty units.
(3)A person commits an offence if the person—
(a)is or has been a transport booking service; and
(b)does not provide an affiliated driver record, on request, to—
(i)the road transport authority; or
(ii)a police officer; or
(iii)a member of an emergency service.
Maximum penalty: 10 penalty units.
(4)An offence against this section is a strict liability offence.
70HTransport booking service—affiliated operator records
(1)A person commits an offence if the person—
(a)is a transport booking service; and
(b)does not—
(i)keep an affiliated operator record for each affiliated operator for the transport booking service; and
(ii)take reasonable steps to ensure each affiliated operator record is up‑to‑date.
Maximum penalty: 10 penalty units.
(2)A person commits an offence if the person—
(a)is or has been a transport booking service; and
(b)does not keep each affiliated operator record for at least 2 years after the last date on which a driver for the operator carried out a booking via the transport booking service.
Maximum penalty: 10 penalty units.
(3)A person commits an offence if the person—
(a)is or has been a transport booking service; and
(b)does not provide an affiliated operator record, on request, to—
(i)the road transport authority; or
(ii)a police officer; or
(iii)a member of an emergency service.
Maximum penalty: 10 penalty units.
(4)An offence against this section is a strict liability offence.
70ITransport booking service—bookable vehicle records
(1)A person commits an offence if the person—
(a)is a transport booking service; and
(b)does not—
(i)keep a bookable vehicle record for each bookable vehicle used by a bookable vehicle driver to carry out a booking via the transport booking service; and
(ii)take reasonable steps to ensure each bookable vehicle record is up‑to‑date.
Maximum penalty: 10 penalty units.
(2)A person commits an offence if the person—
(a)is or has been a transport booking service; and
(b)does not keep each bookable vehicle record for at least 2 years after the last date on which a bookable vehicle driver used the vehicle to carry out a booking via the transport booking service.
Maximum penalty: 10 penalty units.
(3)A person commits an offence if the person—
(a)is or has been a transport booking service; and
(b)does not provide a bookable vehicle record, on request, to—
(i)the road transport authority; or
(ii)a police officer; or
(iii)a member of an emergency service.
Maximum penalty: 10 penalty units.
(4)An offence against this section is a strict liability offence.
(5)In this section:
bookable vehicle record, for a bookable vehicle used to operate a public passenger service via a transport booking service, means a record of the following details for the vehicle:
(a)the vehicle’s registration number;
(b)the name of each affiliated driver and affiliated operator who uses the vehicle to operate a public passenger service via the transport booking service.
70JTransport booking service—booking records
(1)A person commits an offence if the person—
(a)is a transport booking service; and
(b)does not make a booking record for each bookable vehicle hiring booked via the transport booking service.
Maximum penalty: 10 penalty units.
(2)A person commits an offence if the person—
(a)is or has been a transport booking service; and
(b)does not keep each booking record for at least 2 years after the date the hiring was carried out.
Maximum penalty: 10 penalty units.
(3)A person commits an offence if the person—
(a)is or has been a transport booking service; and
(b)does not provide a booking record, on request, to—
(i)the road transport authority; or
(ii)a police officer; or
(iii)a member of an emergency service.
Maximum penalty: 10 penalty units.
(4)An offence against this section is a strict liability offence.
(5)In this section:
booking record, for a bookable vehicle hiring booked via a transport booking service, means a record of the following details for the hiring:
(a)the name or driver number of the bookable vehicle driver;
(b)the registration number of the bookable vehicle;
(c)the name or passenger number of the person who booked the hiring;
(d)when and where the first passenger for the hiring was picked up;
(e)when and where the last passenger for the hiring was dropped off;
(f)the fare paid.
driver number, for an affiliated driver for a transport booking service, means a unique identifying number given to the driver by the booking service.
passenger number, for a person who books a hiring via a transport booking service, means a unique identifying number given to the person by the booking service.
70KRoad transport authority to share information
(1)If a transport booking service has given the road transport authority an affiliated driver record, the road transport authority must tell the transport booking service the following matters about the driver:
(a)any change in the prescribed driver authority information for the driver;
NotePrescribed driver authority information—see the dictionary.
(b)the suspension or cancellation of a public vehicle licence held by the driver;
(c)the ending of any exemption for the driver under the Road Transport (Driver Licensing) Regulation 2000, section 94A (Exemption of drivers of public vehicles driven for hire or reward—Act, s 31 (1) (b)).
(2)If a transport booking service has given the road transport authority an affiliated operator record, the road transport authority must tell the transport booking service the following matters about the affiliated operator:
(a)the suspension or cancellation of the operator’s accreditation;
(b)the suspension or cancellation of any taxi licence or hire car licence held by the operator.
(3)If a transport booking service has given the road transport authority a bookable vehicle record, the road transport authority must tell the transport booking service the following matters about the bookable vehicle:
(a)the suspension or cancellation of the vehicle’s registration;
(b)the suspension or cancellation of the vehicle’s—
(i)for a taxi—taxi licence; or
(ii)for a rideshare vehicle—rideshare vehicle licence; or
(iii)for a hire car—hire car licence.
Division 3A.1.3 Transport booking services—wheelchair‑accessible taxis
70LMeaning of wheelchair‑accessible taxi booking service (WTBS)
In this regulation:
wheelchair‑accessible taxi booking service (WTBS) means a transport booking service that accepts bookings only for wheelchair‑accessible taxis for wheelchair‑dependent people.
NoteTransport booking service
—see the Act, s 28.
Wheelchair‑accessible taxi—see s 82.
Wheelchair‑dependent person—see the dictionary.
70MTransport booking service—must direct wheelchair‑accessible taxi booking to WTBS
(1)A person commits an offence if—
(a)the person is a transport booking service other than a WTBS; and
(b)someone requests a wheelchair‑accessible taxi booking via the transport booking service; and
(c)the booking is for a wheelchair‑dependent person; and
(d)there is a WTBS operating in the Territory; and
(e)the person fails to, without delay, direct the booking request to a WTBS.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
70NTransport booking service—must direct driver to accept wheelchair‑accessible taxi hiring
(1)A person commits an offence if—
(a)the person is a transport booking service; and
(b)someone requests a wheelchair‑accessible taxi booking via the transport booking service; and
(c)the booking is for a wheelchair‑dependent person; and
(d)there is no WTBS operating in the Territory; and
(e)a wheelchair‑accessible taxi operated by an affiliated driver, or affiliated operator, for the transport booking service is available for hire; and
(f)the taxi’s driver does not accept an offer of the booking; and
(g)the person fails to, without delay, direct the driver to accept the booking.
Maximum penalty: 10 penalty units.
NoteIt is an offence for a wheelchair‑accessible taxi driver to not comply with the direction (see s 114 (2)).
(2)An offence against this section is a strict liability offence.
70OTransport booking service—must give estimated arrival time for wheelchair‑accessible taxis
(1)A person commits an offence if—
(a)the person is a transport booking service; and
(b)someone (a passenger) books a wheelchair‑accessible taxi through the transport booking service; and
(c)the transport booking service fails to, without delay, tell the passenger the estimated time when, or period within which, the taxi will arrive at the place where the taxi is to pick up the passenger.
Maximum penalty: 10 penalty units.
NoteIf a WTBS is operating in the Territory, the transport booking service must direct any request for a wheelchair‑accessible taxi booking to a WTBS (see s 70M).
(2)An offence against this section is a strict liability offence.
70PWTBS—service contracts
(1)The road transport authority may, on behalf of the Territory, enter into a contract (a service contract) with a person (the WTBS operator) for the person to operate a WTBS.
(2)A service contract must state whether the right given under the contract to operate a WTBS is an exclusive right to operate the service.
(3)A service contract may make provision for the operation of a WTBS and the administration of the contract, including, for example—
(a)service requirements under the contract; and
(b)the transfer, suspension, cancellation and surrender of the contract; and
(c)the fees (if any) payable under the contract; and
(d)the adjustment of payments and refunds for any contract fees; and
(e)financial or other remedies for breaches of the contract; and
(f)the records (including accounts) to be made and kept, how they are to be made and kept, and their inspection; and
(g)the provision of information and reports to the road transport authority about the WTBS and the verification of the information and reports.
Examples—par (a)
1 communication options required to meet customer needs
2 procedures to deal with failure of technical equipment
3 recording and resolution of customer complaints
NoteAn 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, s 126 and s 132).
70QWTBS—entitlement to operate
(1)A person is entitled to operate a WTBS in the ACT only if the person holds a service contract for the service.
(2)A person commits an offence if the person—
(a)operates a WTBS in the ACT; and
(b)is not entitled to operate the service.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
70RWTBS—exemption for WTBS operators—Act, s 128 (1) (b)
(1)The road transport authority may exempt a WTBS operator from the following provisions:
(a)the Act, section 32 (Transport booking service must be accredited);
(b)the Act, section 36G (Transport booking service—responsibilities).
(2)An exemption is subject to—
(a)the condition that the WTBS operator does not breach the WTBS operator’s service contract; and
(b)any other condition the road transport authority considers appropriate.
(3)The road transport authority may end an exemption if it is satisfied on reasonable grounds that the WTBS operator—
(a)is in breach of a condition of the exemption; or
(b)has failed to comply with a requirement of the road transport legislation (other than the legislation mentioned in subsection (1)).
(4)If the road transport authority decides to end an exemption, the authority must give the WTBS operator written notice stating—
(a)that the authority has decided to end the exemption; and
(b)the grounds for ending the exemption; and
(c)when the exemption ends; and
(d)any additional information the road transport authority considers appropriate.
Note 1For how documents may be given, see the Legislation Act, pt 19.5.
Note 2For when a posted notice is taken to be given, see the Road Transport (General) Regulation 2000, s 9B.
70SWTBS—approval of procedures and rules
(1)The road transport authority may approve a WTBS’s procedures and rules for wheelchair‑accessible taxi service operators and wheelchair‑accessible taxi drivers (the WTBS’s approved procedures and rules).
(2)An approved procedure or rule is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
70TWTBS—must direct driver to accept wheelchair‑accessible taxi hiring
(1)A person commits an offence if—
(a)the person is a WTBS; and
(b)someone requests a wheelchair‑accessible taxi booking through the WTBS; and
(c)the booking is for a wheelchair‑dependent person; and
(d)a wheelchair‑accessible taxi is available for hire via the WTBS; and
(e)the taxi’s driver does not accept an offer of the booking from the WTBS; and
(f)the WTBS fails to, without delay, direct the driver to accept the booking.
Maximum penalty: 10 penalty units.
NoteIt is an offence for a wheelchair‑accessible taxi driver to not comply with the direction (see s 114 (2)).
(2)An offence against this section is a strict liability offence.
Chapter 4 heading
substitute
Part 3A.2Taxis
Parts 4.1, 4.1A and 4.2
substitute
Division 3A.2.1 Independent taxi service operators
Note 1Independent taxi service operator—see the Act, dictionary.
Note 2A taxi service operator must either be an affiliated operator for a transport booking service or an independent taxi service operator (see Act, s 36E).
ITSO approval—application
An accredited operator of a taxi service may apply to the road transport authority for approval as an independent taxi service operator (an ITSO approval).
Note 1If a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.
Note 2A fee may be determined under the Road Transport (General) Act 1999, s 96 for this provision.
ITSO approval—eligibility criteria
(1)The road transport authority may determine eligibility criteria (ITSO eligibility criteria) for an ITSO approval.
(2)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
ITSO approval—decision on application
(1)This section applies if the road transport authority receives an application for an ITSO approval.
(2)The road transport authority may issue the approval to the applicant only if satisfied that the applicant—
(a)satisfies any ITSO eligibility criteria; and
(b)complies with the service standards for independent taxi services.
(3)The road transport authority must give the applicant written notice of its decision on the application.
ITSO approval—conditions
An ITSO approval is subject to—
(a)the condition that the operator complies with the service standards for independent taxi services; and
(b)any condition imposed by the road transport authority when the approval is issued, renewed or amended.
ITSO approval—term
(1)An ITSO approval comes into force on the day it is issued.
(2)The road transport authority must not issue an ITSO approval for longer than 6 years.
(3)An ITSO approval expires on the day stated in the approval.
ITSO approval—not transferable
An ITSO approval is not transferable.
ITSO approval—application for renewal
(1)An ITSO approval‑holder may apply to the road transport authority to renew the approval for a period not longer than 6 years.
Note 1If a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.
Note 2A fee may be determined under the Road Transport (General) Act 1999, s 96 for this provision.
(2)The application must be—
(a)in writing; and
(b)made at least 14 days before the approval expires.
(3)However, the authority may extend the time for making an application.
NoteAn approval‑holder may apply to the road transport authority for the time to be extended, and the road transport authority may extend the time, even though the time has ended (see Legislation Act, s 151C).
(4)If an approval‑holder applies to renew the approval under this section, the approval remains in force until the application is decided.
ITSO approval—decision on application for renewal
(1)This section applies if the road transport authority receives an application for renewal of an ITSO approval under section 77.
(2)The authority may renew the approval only if satisfied that the approval‑holder continues to—
(a)satisfy any ITSO eligibility criteria; and
(b)comply with the service standards for independent taxi services.
(3)The road transport authority may refuse to renew the approval if—
(a)the authority believes on reasonable grounds that the approval‑holder has contravened a condition of the approval; or
(b)any accreditation under the Act held by the approval‑holder is suspended under chapter 8 (Disciplinary action).
(4)If the authority decides to renew the approval, the authority may impose or amend a condition on the approval.
(5)The authority must, not later than 28 days after the day the authority receives the application—
(a)decide the application for renewal; and
(b)tell the approval‑holder about the decision.
NoteFailure to renew an approval within the required time is taken to be a decision not to renew the approval (see ACT Civil and Administrative Tribunal Act 2008, s 12).
ITSO approval—replacing when lost, stolen or destroyed
(1)The road transport authority may issue a replacement ITSO approval to an approval‑holder if satisfied the approval‑holder’s original approval has been lost, stolen or destroyed.
(2)For subsection (1), the road transport authority may require the approval‑holder to give the authority a statement verifying that the original approval has been lost, stolen or destroyed.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
ITSO approval—must update name and address
(1)A person commits an offence if—
(a)the person is an ITSO approval‑holder; and
(b)the person’s name or address changes; and
(c)the person does not, within 14 days after the change, give the road transport authority—
(i)written notice of the change; and
(ii)the approval.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
(3)If an ITSO approval‑holder gives the road transport authority written notice of a change to the person’s name or address and the approval, the authority must enter the changed details on the approval and return it to the person.
ITSO approval—surrender
(1)An ITSO approval‑holder may surrender the approval by giving written notice of the surrender to the road transport authority.
(2)The surrender notice must be accompanied by—
(a)the approval; or
(b)if the approval has been lost, stolen or destroyed—a statement verifying that the approval has been lost, stolen or destroyed.
Note 1If a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.
Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Division 3A.2.2 Taxi licences
Subdivision 3A.2.2.1 Kinds of taxi licences
Kinds of taxi licences
(1)In this regulation:
perpetual taxi licence means a taxi licence that—
(a)was issued before 7 March 2006; and
(b)is not limited to a term stated in the licence.
NotePerpetual taxi licences are transferable (see Act, s 41).
standard taxi means a taxi other than a wheelchair‑accessible taxi.
standard taxi licence—
(a)means a taxi licence to use a vehicle as a standard taxi; but
(b)does not include—
(i)a perpetual taxi licence; or
(ii)a transferable leased taxi licence.
transferable leased taxi licence means a taxi licence that—
(a)was issued—
(i)before 1 August 2016; and
(ii)as a transferable taxi licence; and
(b)is limited to a term stated in the licence.
wheelchair‑accessible taxi means a taxi with wheelchair access.
wheelchair‑accessible taxi licence means a taxi licence to use a vehicle as a wheelchair‑accessible taxi.
(2)To remove any doubt, a taxi licence, other than a restricted taxi licence, that was issued before 7 March 2006 is a taxi licence issued as a taxi licence that is not limited to a term stated in the licence.
Subdivision 3A.2.2.2 Standard and wheelchair‑accessible taxi licences
Meaning of pre‑approval for standard or wheelchair taxi licence
In this regulation:
pre‑approval, for a standard taxi licence or a wheelchair‑accessible taxi licence, means a pre‑approval issued under section 86 (Pre‑approval—decision on application).
NoteA pre‑approval for a taxi licence gives the pre‑approval holder—
(a)a position on the taxi licence waiting list (see s 84); and
(b)the opportunity to apply for the taxi licence (see s 92A).
Taxi licence waiting list
(1)The road transport authority must keep a list of pre‑approval holders (the taxi licence waiting list)—
(a)in order of when their application for pre‑approval was received by the authority; and
(b)divided into the following lists:
(i)the standard taxi licence waiting list;
(ii)the wheelchair‑accessible taxi licence waiting list.
(2)The road transport authority must add a pre‑approval holder to the taxi licence waiting list as soon as possible after the pre‑approval is issued under section 86 (Pre‑approval—decision on application).
(3)The road transport authority must move a pre‑approval to the bottom of the taxi licence waiting list if the pre‑approval resets to the bottom of the waiting list under—
(a)section 92A (3) (a) (Standard and wheelchair taxi licences—notice of availability).
(b)section 92B (3) (a) (Standard and wheelchair taxi licences—application).
(4)The road transport authority must remove a pre‑approval holder from the taxi licence waiting list if—
(a)the pre‑approval expires under—
(i)section 88 (2) (Pre‑approval—term); or
(ii)section 92A (3) (b); or
(iii)section 92B (3) (b); or
NoteA pre‑approval expires under—
·s 88 after 2 years; or
·s 92A if the pre‑approval is at the top of the waiting list, is notified that a licence is available, but does not apply for it;
·s 92B if the pre‑approval holder applies for a taxi licence.
(b)the pre‑approval is surrendered under section 90 (Pre‑approval—surrender).
(5)The taxi licence waiting list may be kept in any form, including electronically, that the road transport authority decides.
(6)The taxi licence waiting list may form part of the pre‑approval register.
NotePre‑approval register—see s 91.
Pre‑approval—application
(1)A person may apply to the road transport authority for pre‑approval for 1 or more standard taxi licences or wheelchair‑accessible taxi licences.
(2)The application must—
(a)be in writing; and
(b)state, for each relevant person for the application—
(i)the person’s name; and
(ii)the person’s date of birth; and
(iii)whether the person is—
(A)an Australian citizen; or
(B)a permanent resident; or
(C)a temporary resident who holds a visa that allows the person to hold a taxi licence; and
(c)state whether the pre‑approval is for a standard taxi licence or a wheelchair‑accessible taxi licence; and
(d)if the person is applying for pre‑approval for a wheelchair‑accessible taxi licence—include, for each relevant person for the application, details of the person’s experience and background that indicate the person’s suitability to provide taxi services to people with disability.
(3)In this section:
relevant person, for an application for a pre‑approval for a taxi licence means—
(a)if the applicant is an individual––the applicant; or
(b)if the applicant is a corporation—each executive officer of the corporation.
Note 1Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 2If a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.
Note 3A fee may be determined under the Road Transport (General) Act 1999, s 96 for this provision.
Pre‑approval—decision on application
(1)This section applies if the road transport authority receives an application for pre‑approval for 1 or more taxi licences under section 85 (1).
(2)The road transport authority must issue the pre‑approval to the applicant if satisfied that—
(a)each relevant person for the application is—
(i)an Australian citizen; or
(ii)a permanent resident; or
(iii)a temporary resident who holds a visa that allows the person to hold a taxi licence; and
(b)no relevant person for the application is disqualified from applying for the pre‑approval; and
NoteA person may be disqualified from applying for a pre‑approval for a period of time if a previous taxi licence has been surrendered (see s 92O), suspended or cancelled (see s 322).
(c)if the application is for pre‑approval for 1 or more standard taxi licences—the applicant does not already hold a pre‑approval for a standard taxi licence; and
(d)if the application is for pre‑approval for 1 or more wheelchair‑accessible taxi licences—
(i)the applicant does not already hold a pre‑approval for a wheelchair‑accessible taxi licence; and
(ii)each relevant person for the application has experience or background likely to make the person suitable to provide taxi services to people with disability.
(3)The road transport authority may require the applicant to give the authority further stated information, or a stated document, that the authority reasonably needs to decide the application.
(4)The road transport authority must, not later than the required time—
(a)decide the application; and
(b)tell the applicant about the decision on the application; and
(c)if the decision is to issue the pre‑approval—enter the pre‑approval holder’s details into the taxi licence waiting list.
(5)In this section:
relevant person, for an application for a pre‑approval for a taxi licence—see section 85 (3).
required time means the later of the following:
(a)if the road transport authority requires the applicant to give the authority further information or a document under subsection (3)—14 days after the day the road transport authority receives the information or document;
(b)14 days after the day the road transport authority receives the application.
NoteFailure to issue a pre‑approval within the 14 days is taken to be a decision not to issue the pre‑approval (see ACT Civil and Administrative Tribunal Act 2008, s 12).
Pre‑approval—form
(1)A pre‑approval must—
(a)be in writing; and
(b)state the name of the pre‑approval holder; and
(c)state whether the pre‑approval is for a standard taxi licence or a wheelchair‑accessible taxi licence.
(2)A pre‑approval may include anything else the road transport authority considers relevant.
Pre‑approval—term
(1)A pre‑approval comes into force on the day it is issued.
(2)A pre‑approval expires 2 years after the day it is issued.
NoteA pre‑approval is removed from the taxi licence waiting list if it expires (see s 92A and s 92B) or is surrendered (see s 84).
Pre‑approval—not transferable
A pre‑approval is not transferable.
Pre‑approval—surrender
A pre‑approval holder may surrender the pre‑approval by giving written notice of the surrender to the road transport authority.
NoteA pre‑approval is removed from the taxi licence waiting list if it is surrendered (see s 84).
Pre‑approval register
(1)The road transport authority must keep a register of pre‑approvals (the pre‑approval register).
(2)The pre‑approval register may be kept in any form, including electronically, that the road transport authority decides.
(3)The road transport authority may correct a mistake, error or omission in the pre‑approval register.
(4)The road transport authority may change a detail included in the pre‑approval register to keep the register up‑to‑date.
NoteThe pre‑approval register may include the taxi licence waiting list (see s 84).
Standard and wheelchair taxi licences—availability
(1)In this subdivision:
available—a taxi licence of a kind is available—
(a)if the Minister has not made an availability determination—
(i)for a standard taxi licence—if the number of standard taxi licences in force in the Territory is less than the maximum number of standard taxi licences; or
(ii)for a wheelchair‑accessible taxi licence—if the number of wheelchair‑accessible taxi licences in force in the Territory is less than the maximum number of wheelchair‑accessible taxi licences; or
NoteThe Minister may determine the maximum number of taxi licences under the Act, s 39.
(b)if the Minister has made an availability determination—in the circumstances stated in the availability determination.
(2)The Minister may determine the circumstances in which a standard taxi licence or wheelchair‑accessible taxi licence is available (an availability determination).
(3)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
92AStandard and wheelchair taxi licences—notice of availability
(1)This section applies if—
(a)a pre‑approval for a standard taxi licence is at the top of the standard taxi licence waiting list and a standard taxi licence is available; or
(b)a pre‑approval for a wheelchair‑accessible taxi licence is at the top of the wheelchair‑accessible taxi licence waiting list and a wheelchair accessible taxi licence is available.
(2)The road transport authority must give written notice to the pre‑approval holder (an availability notice) that—
(a)the taxi licence is available; and
(b)the pre‑approval holder may, not later than 14 days after the date of the availability notice, apply for the licence under section 92B.
(3)If the pre‑approval holder does not apply under section 92B within 14 days—
(a)if the pre‑approval is for more than 1 licence—the pre‑approval resets to the bottom of the taxi licence waiting list; or
(b)if the pre‑approval is for 1 licence only—the pre‑approval expires.
NoteA pre‑approval is removed from the taxi licence waiting list if it expires (see s 84).
92BStandard and wheelchair taxi licences—application
(1)A pre‑approval holder who is given an availability notice about a taxi licence may apply to the road transport authority for the taxi licence.
(2)The application must—
(a)be in writing; and
(b)if any of the details provided under section 85 (Pre‑approval—application) have changed since the application for the pre‑approval was made—state the new details.
(3)If an application is made under this section—
(a)if the pre‑approval is for more than 1 licence—the number of licences for the pre‑approval is automatically reduced by 1 and the pre‑approval resets to the bottom of the taxi licence waiting list; or
(b)if the pre‑approval is for 1 licence only—the pre‑approval expires.
Note 1Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 2If a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.
Note 3A fee may be determined under the Road Transport (General) Act 1999, s 96 for this provision.
92CStandard and wheelchair taxi licences—decision on application
(1)This section applies if the road transport authority receives an application for a taxi licence under section 92B.
(2)The road transport authority must issue the taxi licence if satisfied that—
(a)each relevant person for the application is—
(i)an Australian citizen; or
(ii)a permanent resident; or
(iii)a temporary resident who holds a visa that allows the person to hold a taxi licence; and
(b)no relevant person for the application is disqualified from applying for the taxi licence; and
NoteA person may be disqualified from applying for a taxi licence for a period of time if a previous taxi licence has been surrendered (see s 92O), suspended or cancelled (see s 322).
(c)the applicant is accredited to operate—
(i)for an application for a standard taxi licence—a taxi service; or
(ii)for an application for a wheelchair‑accessible taxi licence—a wheelchair‑accessible taxi service; and
(d)if the application is for a wheelchair‑accessible taxi licence—each relevant person for the application has experience or background likely to make the person suitable to provide taxi services to people with disability; and
(e)the vehicle for which the licence is to be issued is not a vehicle for which the road transport authority must refuse an application for registration as a taxi under the Road Transport (Vehicle Registration) Regulation 2000—
(i)for an application for a standard taxi licence—section 32B (1) (Deciding applications for registration—taxis); or
(ii)for an application for a wheelchair‑accessible taxi licence—section 32B (3) or (4); and
(f)any additional eligibility criteria determined by the road transport authority under subsection (3) are satisfied.
(3)The road transport authority may determine additional eligibility criteria for a taxi licence.
(4)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)The road transport authority may require the applicant to give the authority further stated information or a stated document that the authority reasonably needs to decide the application.
(6)The road transport authority need not decide the application if the requirement is made in writing and the applicant does not comply with the requirement.
(7)In this section:
relevant person, for an application for a taxi licence, means—
(a)if the applicant is an individual––the applicant; or
(b)if the applicant is a corporation—each executive officer of the corporation.
92DStandard and wheelchair taxi licences—time for decision on application
(1)The road transport authority must, not later than the required time—
(a)decide the application under section 92C; and
(b)tell the applicant about the decision on the application; and
(c)if the decision is to issue the licence—issue the licence to the applicant.
(2)The road transport authority may make guidelines about circumstances sufficient to justify delaying deciding an application under section 92C.
(3)The guidelines are a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)In this section:
required time means the latest of the following:
(a)if the road transport authority requires the applicant to give the authority further information or a document under section 92C (3)—
(i)for a standard taxi licence—60 days after the day the road transport authority receives the information or document; or
(ii)for a wheelchair‑accessible taxi licence—120 days after the day the road transport authority receives the information or document;
(b)if the road transport authority is satisfied that there are circumstances sufficient to justify delaying deciding the application—the day decided by the road transport authority;
(c)in any other case—
(i)for a standard taxi licence—60 days after the day the road transport authority receives the application; or
(ii)for a wheelchair‑accessible taxi licence—120 days after the day the road transport authority receives the application.
NoteFailure to issue the licence within the required time is taken to be a decision not to issue the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
92EStandard and wheelchair taxi licences—conditions
(1)A taxi licence is subject to—
(a)the condition that the licensee must make the taxi available for hiring on a regular basis; and
(b)any other condition imposed by the road transport authority when the licence is issued, renewed or amended.
(2)A wheelchair‑accessible taxi licence is subject to the condition that the licensee must ensure that priority for the hiring of the taxi is given to wheelchair‑dependent people.
NoteStandard and wheelchair‑accessible taxi licences are subject to the condition that the licensee must not transfer the licence to anyone else (see s 92H and Act, s 41 (4) and (5)).
(3)A person commits an offence if the person—
(a)is a taxi licensee; and
(b)does not comply with a condition of the licence.
Maximum penalty: 20 penalty units.
(4)In this section:
regular basis, a taxi is available for hiring on a regular basis if—
(a)it is available for hiring 11 out of every 12 months; and
(b)is not unavailable for hiring for more than 2 consecutive weeks at a time; and
(c)it satisfies any other availability requirements determined by the road transport authority.
(5)The road transport authority may determine availability requirements for taxis.
(6)An availability requirement is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
92FStandard and wheelchair taxi licences—term
(1)A taxi licence comes into force on the day it is issued.
(2)The road transport authority must not issue a standard taxi licence or wheelchair‑accessible taxi licence for longer than 6 years.
(3)A taxi licence expires on the day stated in the licence.
92GStandard and wheelchair taxi licences—form
(1)A taxi licence must—
(a)be in writing; and
(b)include the following information:
(i)the licensee’s full name and address;
(ii)whether the licence is a standard taxi licence or a wheelchair‑accessible taxi licence;
(iii)the taxi licence number allocated to the licensee; and
(iv)the expiry date of the licence.
(2)A taxi licence may also include anything else the road transport authority considers appropriate.
92HStandard and wheelchair taxi licences—transferability—Act, s 41
The following taxi licences must be issued as non‑transferable taxi licences:
(a)standard taxi licences;
(b)wheelchair‑accessible taxi licences.
Note 1A taxi licence issued as a non‑transferable taxi licence is not transferable and is issued subject to the condition that the licensee must not transfer the licence to anyone else (see Act, s 41 (4) and (5)).
Note 2Perpetual taxi licences are transferable (see Act, s 41 (1)). Transferable leased taxi licences are transferable (see Act, s 41 (1) and (2)).
Subdivision 3A.2.2.3 Taxi licences generally
92ITaxi licences—amendment initiated by authority
(1)The road transport authority may, by written notice (an amendment notice) given to a taxi licensee, amend the licence.
(2)However, the authority may amend the licence only if—
(a)the authority has given the licensee written notice of the proposed amendment (a proposal notice); and
(b)the proposal notice states that written submissions about the proposal may be made to the authority before the end of a stated period of at least 14 days after the day the proposal notice is given to the licensee; and
(c)after the end of the stated period, the authority has considered any submissions made in accordance with the proposal notice.
(3)Subsection (2) does not apply to a person if the licensee applied for, or agreed in writing to, the amendment.
(4)The amendment takes effect on the day the amendment notice is given to the licensee or a later day stated in the notice.
92JTaxi licences—amendment initiated by licensee
(1)A taxi licensee may apply to the road transport authority to amend the licence.
Note 1If a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.
Note 2A fee may be determined under the Road Transport (General) Act 1999, s 96 for this provision.
(2)The authority may amend the licence only if satisfied that, were the application for amendment an application for a licence, the authority would issue the licence as amended.
(3)If the authority decides to amend the licence, the authority may impose or amend a condition on the licence.
(4)The authority must, not later than 28 days after the day the authority receives the application—
(a)decide the application; and
(b)tell the licensee about the decision.
NoteFailure to amend a licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
92KTaxi licences—application for renewal
(1)A taxi licensee may apply to the road transport authority to renew the licence for a period not longer than 6 years.
Note 1If a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.
Note 2A fee may be determined under the Road Transport (General) Act 1999, s 96 for this provision.
(2)The application must be—
(a)in writing; and
(b)made at least 14 days before the licence expires.
(3)However, the authority may extend the time for making an application.
NoteA licensee may apply to the road transport authority for the time to be extended, and the road transport authority may extend the time, even though the time has ended (see Legislation Act, s 151C).
(4)If a licensee applies to renew a licence under this section, the licence remains in force until the application is decided.
92LTaxi licences—decision on application for renewal
(1)This section applies if the road transport authority receives an application for renewal of a taxi licence under section 92K.
(2)The authority may renew the licence only if satisfied of the matters mentioned in section 92C (2) (Standard and wheelchair taxi licences—decision on application).
(3)The road transport authority may refuse to renew the licence if—
(a)the authority believes on reasonable grounds that the licensee has contravened a condition of the licence or another taxi licence; or
(b)another taxi licence, or an accreditation to operate any kind of taxi service, held by the licensee is suspended under chapter 8 (Disciplinary action).
(4)If the authority decides to renew the licence, the authority may impose or amend a condition on the licence.
(5)The authority must, not later than 28 days after the day the authority receives the application—
(a)decide the application for renewal; and
(b)tell the licensee about the decision.
NoteFailure to renew a licence within the required time is taken to be a decision not to renew the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
(6)Compensation is not payable to anyone because a taxi licence is not renewed under this section.
92MTaxi licences—replacing when lost, stolen or destroyed
(1)The road transport authority may issue a replacement taxi licence to a taxi licensee if satisfied the licensee’s original licence has been lost, stolen or destroyed.
(2)For subsection (1), the road transport authority may require the licensee to give the authority a statement verifying that the original licence has been lost, stolen or destroyed.
Note 1A fee may be determined under the Road Transport (General) Act 1999, s 96 for this provision.
Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
92NTaxi licences—must be produced for inspection
(1)A person commits an offence if—
(a)the person is a taxi licensee; and
(b)a police officer or authorised person requires the person to produce the licence for inspection; and
(c)the person fails to produce the licence for inspection.
Maximum penalty: 5 penalty units.
(2)Subsection (1) does not apply if—
(a)the person has a reasonable excuse for failing to produce the taxi licence when required to do so; and
(b)within 3 days after being required to produce the licence, the person produces the licence at the place directed by the police officer or authorised person.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
92OTaxi licences—surrender
(1)A taxi licensee may surrender the licence by giving written notice of the surrender to the road transport authority.
(2)The surrender notice must be accompanied by—
(a)the licence; or
(b)if the licence has been lost, stolen or destroyed—a statement verifying that the licence has been lost, stolen or destroyed.
Note 1If a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.
Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3)A taxi licensee who surrenders their licence is automatically disqualified from applying for a taxi licence, or a pre‑approval for a taxi licence, for 2 years after the day the surrender takes effect.
92PTaxi licences—must update name and address
(1)A person commits an offence if—
(a)the person is a taxi licensee; and
(b)the person’s name or address changes; and
(c)the person does not, within 14 days after the change, give the road transport authority—
(i)written notice of the change; and
(ii)the licence.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
(3)If a taxi licensee gives the road transport authority written notice of a change to the person’s name or address and the licence, the authority must enter the changed details on the licence and return it to the licensee.
Part 4.3 heading
substitute
Division 3A.2.3 Taxi services
Division 4.3.1 heading
substitute
Subdivision 3A.2.3.1 Taxi operators
Sections 93 and 94
substitute
Taxi service operator—must tell authority about affiliation
(1)A person commits an offence if the person—
(a)is an affiliated taxi service operator for a transport booking service; and
(b)does not tell the road transport authority, as soon as practicable after entering into the affiliated operator agreement—
(i)about the affiliation; and
(ii)the name of the transport booking service.
Maximum penalty: 5 penalty units.
(2)An offence against this section is a strict liability offence.
Section 97
substitute
Taxi service operator—drivers to be licensed and skilled
(1)A person commits an offence if the person—
(a)is a taxi service operator; and
(b)does not take reasonable steps to ensure that each taxi driver for the taxi service is either—
(i)the holder of a public vehicle licence to drive a taxi; or
(ii)exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000, section 94A (Exemption of drivers of public vehicles driven for hire or reward—Act, s 31 (1) (b)).
Maximum penalty: 20 penalty units.
(2)A person commits an offence if—
(a)the person is an independent taxi service operator; and
(b)a determination is in force under section 221U (Knowledge and skills to be bookable vehicle driver); and
(c)the person does not take reasonable steps to ensure that each taxi driver for the taxi service has the knowledge and skills required under the determination to be a taxi driver.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
New section 99 (1) (ba)
insert
(ba)if the operator is an independent taxi service operator and a determination is in force under section 221U (Knowledge and skills to be bookable vehicle driver)—evidence that the person has the knowledge and skills required under the determination to be a taxi driver;
Section 99 (4) and (5)
omit
Section 100 (1) (a)
omit
4 years
substitute
2 years
Section 100 (4), note
omit
Section 101
omit
Section 101A
omit
WCBS
substitute
WTBS
Section 101A (1), note
substitute
NoteWTBS—see s 70L.
New section 101B
insert
101BWheelchair‑accessible taxi operator—WTBS’s approved procedures and rules
(1)A person commits an offence if—
(a)the person is an—
(i)accredited operator of a wheelchair‑accessible taxi; and
(ii)affiliated operator for a WTBS; and
(b)the WTBS gives the person the WTBS’s approved procedures and rules; and
(c)the person does not comply with the WTBS’s approved procedures and rules.
NoteWTBS’s approved procedures and rules—see s 70S.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Sections 103 to 108
substitute
Taxi must have identifying signs and livery
(1)The road transport authority may determine requirements for signs and livery for taxis (the taxi signs and livery requirements).
(2)A taxi sign and livery requirement is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)A person commits an offence if—
(a)the person is an accredited taxi operator; and
(b)the taxi is not fitted with signs and livery that—
(i)allows the public to identify the taxi as a taxi; and
(ii)complies with the taxi signs and livery requirements.
Maximum penalty: 10 penalty units.
(4)An offence against this section is a strict liability offence.
Section 109 (1) (c)
substitute
(c)the operator has given the notices required under subsection (4) to—
(i)the road transport authority; and
(ii)if the operator is an affiliated operator for a transport booking service—the transport booking service.
Section 109 (3), example 1
substitute
1 The vehicle is fitted with signs and livery in accordance with s 107.
Section 109 (4)
substitute
(4)The accredited operator must give written notice of the operator’s intention to operate the stand‑by taxi instead of the usual taxi to—
(a)the road transport authority; and
(b)if the operator is an affiliated operator for a transport booking service—the transport booking service.
Sections 110 to 112
omit
Division 4.3.2 heading
substitute
Subdivision 3A.2.3.2 Taxi drivers
Sections 113 to 121
substitute
Wheelchair‑accessible taxi driver—special responsibilities
(1)A person commits an offence if the person—
(a)is a wheelchair‑accessible taxi driver; and
(b)becomes available to accept a hiring for the taxi; and
(c)does not tell a relevant transport booking service about their availability as soon as practicable after becoming available.
Maximum penalty: 10 penalty units.
(2)A person commits an offence if—
(a)the person is a wheelchair‑accessible taxi driver; and
(b)a relevant transport booking service directs the person to accept a booking for the taxi for a wheelchair‑dependent person; and
(c)the person does not comply with the direction.
Maximum penalty: 10 penalty units.
NoteIf a wheelchair‑accessible taxi driver does not accept an offer of a booking for a wheelchair‑dependent person, the WTBS or transport booking service must direct the driver to accept the booking (see s 70N and s 70T).
(3)In this section:
relevant transport booking service means—
(a)if a WTBS is operating in the Territory—a WTBS via which the wheelchair‑accessible taxi may be booked; or
(b)if there is no WTBS operating in the Territory and the driver is an affiliated driver for another transport booking service—the transport booking service.
NoteWTBS
—see s 70L.
Transport booking service—see the Act, s 28.
[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 1.4Road Transport (Safety and Traffic Management) Regulation 2000
[1.39]New section 11A
insert
11AARR 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.
NoteA similar provision applies to taxi drivers and bus drivers (see ARR, r 153 (3)).
[1.40]New section 12A
insert
12AARR 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.
NoteA similar provision applies to taxi drivers and bus drivers (see ARR, r 176 (2) and (3)).
[1.41]Section 13A
substitute
13AARR 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, section 29.
NoteBookable 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 1.5Road 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 1.6Road Transport (Vehicle Registration) Regulation 2000
[1.45]Section 32AA
substitute
32AADeciding 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.
NoteA 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, section 110.
[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 1.7Workers Compensation Regulation 2002
[1.49]New section 4A
insert
4ARegular 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, section 36.
bookable vehicle—see the Road Transport (Public Passenger Services) Act 2001, section 29.
bookable vehicle driver—see the Road Transport (Public Passenger Services) Act 2001, section 29.
transport booking service—see the Road Transport (Public Passenger Services) Act 2001, section 28.
Endnotes
Notification
Notified under the Legislation Act on 26 July 2016.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2016
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