Transport Regulations Amendment (Road Passenger Services) Regulations (No. 2) 2019 (WA)
!2019092GG!
WESTERN 2229 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041
| PERTH, WEDNESDAY, 26 JUNE 2019 |
No. 92 SPECIAL PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON
© STATE OF WESTERN AUSTRALIA
Road Traffic (Authorisation to Drive) Act 2008
Road Traffic (Vehicles) Act 2012
Taxi Act 1994
Transport Co-ordination Act 1966
Transport (Road Passenger Services) Act 2018
Transport Regulations Amendment (Road
Passenger Services) Regulations (No. 2) 2019
Made by the deputy of the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Transport Regulations Amendment
(Road Passenger Services) Regulations (No. 2) 2019.
2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) Part 5 Division 3 — on 31 December 2019; (c) Part 5 Division 4 — on 2 July 2020; (d) the rest of the regulations — on the day on which the Transport (Road Passenger Services) Act 2018 Part 6 comes into operation.
2230 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 2 Road Traffic (Authorisation to Drive) Regulations 2014 amended r. 3
Part 2 — Road Traffic (Authorisation to Drive)
Regulations 2014 amended
3. Regulations amended
This Part amends the Road Traffic (Authorisation to Drive)
Regulations 2014.
4. Regulation 11 amended
In regulation 11(1) delete “reward, either in a taxi, as defined in
regulation 12(4), or in any other circumstance.” and insert:reward.
5. Regulation 12 amended
(1) In regulation 12(3):
(a) in paragraph (a) delete “a taxi; or” and insert: an on-demand rank or hail vehicle; or
(b) in paragraph (b) delete “a taxi.” and insert: an on-demand rank or hail vehicle.
(2) Delete regulation 12(4) and insert:
(4) In subregulation (3) — on-demand rank or hail vehicle means an on-demand rank or hail vehicle as defined in the Transport (Road Passenger Services) Regulations 2019 regulation 3.
26 June 2019 GOVERNMENT GAZETTE, WA 2231 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Road Traffic (Vehicles) Regulations 2014 amended Part 3 r. 6
Part 3 — Road Traffic (Vehicles) Regulations 2014
amended
6. Regulations amended
This Part amends the Road Traffic (Vehicles) Regulations 2014.
7. Regulation 109 amended
In regulation 109 insert in alphabetical order:
authorised on-demand rank or hail vehicle has the
meaning given in the Transport (Road Passenger
Services) Regulations 2019 regulation 3;authorised passenger transport vehicle means a vehicle in relation to which a passenger transport vehicle authorisation is in force;
on-demand charter vehicle has the meaning given in
the Transport (Road Passenger Services)Regulations 2019 regulation 3;
on-demand rank or hail vehicle has the meaning given
in the Transport (Road Passenger Services)Regulations 2019 regulation 3;
passenger transport service has the meaning given in
the Transport (Road Passenger Services) Act 2018section 4(1);
passenger transport vehicle has the meaning given in
the Transport (Road Passenger Services) Act 2018
section 4(1);passenger transport vehicle authorisation has the meaning given in the Transport (Road Passenger Services) Act 2018 section 4(1);
2232 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 3 Road Traffic (Vehicles) Regulations 2014 amended r. 8 8. Regulation 109A inserted
After regulation 109 insert:
109A. Passenger transport vehicle authorisations For the purposes of this Part, if the CEO is satisfied
that a passenger transport vehicle authorisation will be
granted for a vehicle within a reasonable period, the
CEO may treat the vehicle as if that passenger transport
vehicle authorisation were in force.9. Regulation 111 amended
Delete regulation 111(2) and insert:
(2)
The CEO must provide and issue number plates for each authorised on-demand rank or hail vehicle that identify the vehicle as an on-demand rank or hail
vehicle (whether by use of the word “taxi” or
otherwise).
(2A) Number plates issued for an authorised passenger
transport vehicle (other than an authorised on-demand
rank or hail vehicle) may, but are not required to,
identify the vehicle as a passenger transport vehicle or
as a passenger transport vehicle that is used to provide
a particular category of passenger transport service.(2B) Number plates must not be issued identifying a vehicle
as a passenger transport vehicle, or as a passenger
transport vehicle that is used to provide a particularcategory of passenger transport service, unless —
(a)
a passenger transport vehicle authorisation, or a passenger transport vehicle authorisation that authorises the vehicle to be operated for use in
26 June 2019 GOVERNMENT GAZETTE, WA 2233 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Road Traffic (Vehicles) Regulations 2014 amended Part 3 r. 10
providing that category of passenger transport
service, as the case requires, is in force inrelation to the vehicle; or
(b) the vehicle is to be operated to replace a vehicle paragraph (a).
10. Regulation 112 amended
In regulation 112:
(a) delete paragraphs (a) and (b) and insert:
(a)
for the issue of ordinary plates except if paragraph (b), (ba), (bb), (bc), (d), (da) or (db)
applies — $27.70;
(b) for the issue of plates for an authorised on-demand rank or hail vehicle or plates identifying a vehicle as an on-demand charter vehicle — $29.00;
(ba) for the re-issue of ordinary plates that have
been returned under regulation 113(1), (2) or
(3) except if paragraph (bb) or (bc) applies
(other than plates to replace existing platesbearing the same characters) — $16.75; (bb) for the re-issue of plates that are issued under
regulation 111(2) or that are taken under theTransport (Road Passenger Services) Regulations 2019 Part 9 Division 2 to be issued by the CEO under regulation 111(2) and that have been returned under regulation 113(1), (2)
or (3) or 113A — $19.00; (bc) for the re-issue of plates identifying a vehicle as
an on-demand charter vehicle that are issued
under regulation 111(1) or that are taken under
2234 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 3 Road Traffic (Vehicles) Regulations 2014 amended r. 10 the Transport (Road Passenger Services)
Regulations 2019 Part 9 Division 2 to be plates
identifying a vehicle as an on-demand charter
vehicle issued by the CEO underregulation 111(1) and that have been returned
under regulation 113(1), (2) or (3) or 113A —
$19.00;
(b) delete paragraph (d) and insert:
(d)
upon application for the issue of plates to replace ordinary plates bearing the same characters except if paragraph (da) or (db)
applies — $36.90;
(da) for the issue of plates to replace plates that are
issued under regulation 111(2) or that are taken
under the Transport (Road Passenger Services)
Regulations 2019 Part 9 Division 2 to be issuedby the CEO under regulation 111(2) — $34.00; (db) for the issue of plates to replace plates
identifying a vehicle as an on-demand charter
vehicle that are issued under regulation 111(1)
or that are taken under the Transport (Road
Passenger Services) Regulations 2019 Part 9
Division 2 to be plates identifying a vehicle as
an on-demand charter vehicle issued by theCEO under regulation 111(1) — $34.00;
26 June 2019 GOVERNMENT GAZETTE, WA 2235 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Road Traffic (Vehicles) Regulations 2014 amended Part 3 r. 11
11. Regulation 113A inserted
After regulation 113 insert:
113A. Return of number plates for passenger transport
vehicles
(1) This regulation applies if —
(a) a number plate issued by the CEO identifies the vehicle as a passenger transport vehicle or as a passenger transport vehicle that is used to provide a particular category of passenger transport service; and (b)
Penalty for this subregulation: the passenger transport vehicle authorisation for authorisation that authorises the vehicle to be operated for use in providing that category of passenger transport service, as the case requires, ceases to be in force.
(2) The number plate must be returned to the CEO by the
holder or previous holder of the passenger transport
vehicle authorisation for the vehicle, or other person in
possession of the vehicle, within 14 days after the
authorisation ceases to be in force.
(a) for a first offence, a fine of 8 PU; (b) for a subsequent offence, a fine of 16 PU.
Modified penalty for this subregulation: 4 PU.
(3) Subregulation (2) does not apply if, within the 14-day
period referred to in that subregulation, a passenger
transport vehicle authorisation is issued for the vehicle
that is consistent with the identification of the vehicle
on the number plate.
2236 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 3 Road Traffic (Vehicles) Regulations 2014 amended r. 12
(4) If the number plate was issued in reliance on
regulation 109A, and the passenger transport vehicle
authorisation referred to in that regulation has not been
granted at the end of a reasonable period after the
number plate was issued, this regulation applies as if
the passenger transport vehicle authorisation ceased to
be in force at the end of that period.(5) This regulation does not limit regulation 113.
12. Regulation 114 amended
After regulation 114(2) insert:
(3) The CEO must not approve the transfer of number
plates that identify a vehicle as a passenger transport
vehicle, or as a passenger transport vehicle that is used
to provide a particular category of passenger transportservice, unless —
(a)
a passenger transport vehicle authorisation, or a passenger transport vehicle authorisation that authorises the vehicle to be operated for use in providing that category of passenger transport service, as the case requires, is in force in relation to the vehicle to which the number plates are proposed to be transferred; or
(b)
the vehicle to which the number plates are proposed to be transferred is to be operated to replace a vehicle with an authorisation referred to in paragraph (a).
26 June 2019 GOVERNMENT GAZETTE, WA 2237 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Road Traffic (Vehicles) Regulations 2014 amended Part 3 r. 13
13. Regulation 115 amended
After regulation 115(2) insert:
(2A) Despite subregulation (2), if the stolen or lost number
plate is a plate issued or taken to be issued under
regulation 111(1) that identifies a vehicle as an
on-demand charter vehicle, or a plate issued or taken to
be issued under regulation 111(2), the CEO must, on
the return of each other plate in the set that was not
stolen or lost and on payment of the relevant fee under
regulation 112, issue a replacement set of number
plates for the vehicle either bearing the same characters
as those in the returned set or different characters, as
the CEO thinks fit.14. Regulation 125 amended
Delete regulation 125(2) and insert:
(2) The CEO must not issue a special plate or a name plate
for a vehicle with a seasonal heavy vehicle licence.(3) The CEO must not issue a special plate or a name plate
for an authorised on-demand rank or hail vehicle.
15. Regulation 387 amended
Delete regulation 387(1)(b) and insert:
(b)
an on-demand vehicle (as defined in the Transport (Road Passenger Services) Act 2018 section 4(1)) may be equipped with a light or lights for the lighting of any
2238 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 3 Road Traffic (Vehicles) Regulations 2014 amended r. 15 sign authorised or required to be displayed on the
vehicle by the Transport (Road Passenger Services)
Regulations 2019; and
26 June 2019 GOVERNMENT GAZETTE, WA 2239 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport Co-ordination Regulations 1985 amended Part 4 r. 16
Part 4 — Transport Co-ordination Regulations 1985
amended
16. Regulations amended
This Part amends the Transport Co-ordination
Regulations 1985.
17. Regulation 5A deleted
Delete regulation 5A.
18. Regulation 7 amended
(1) In regulation 7(1)(a) delete “section 21(1)(a)(i) or (c)(i)” and insert: section 21(1)(c)(i) (2) In regulation 7(1)(b) delete “section 21(1)(a)(ii), (b) or (c)(ii)” and insert: section 21(1)(b) or (c)(ii) of the Act (3) In regulation 7(2):
(a) delete “section 21(1)(a)(i) or (c)(i)” and insert: section 21(1)(c)(i) of the Act
(b) delete “Form 3 or 9 as the case requires” and insert: Form 9
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Regulations (No. 2) 2019
Part 4 Transport Co-ordination Regulations 1985 amended r. 19 19. Regulation 8 deleted
Delete regulation 8.
20. Regulation 8A amended
Delete regulation 8A(a).
21. Regulations 8AB and 8B deleted
Delete regulations 8AB and 8B.
22. Regulation 12 deleted
Delete regulation 12.
23. Schedule 1 amended
(1) In Schedule 1 delete the item for Form 3. (2) In Schedule 1 in the item for Form 17 delete “licence other than an omnibus licence.” and insert: licence. (3) In Schedule 1 delete the item for Form 18. 24. Schedule 2 amended
(1) Delete Schedule 2 Form 3. (2) In Schedule 2 Form 13:
(a) delete “(or Passengers*)”; (b) delete “(or Name or Party*)”; (c) delete “*Charge for use or hire of the vehicle for above transport — $............................................................”;
(d) delete “(*OMNIBUS APPLICATIONS ONLY)....................................................................................”.
26 June 2019 GOVERNMENT GAZETTE, WA 2241 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport Co-ordination Regulations 1985 amended Part 4 r. 24
(3) In Schedule 2 in the heading to Form 17 delete “OTHER THAN AN OMNIBUS LICENCE”. (4) Delete Schedule 2 Form 18. (5) In Schedule 2 Form 19 delete “to him of licence for omnibus [insert vehicle description] or” and insert: to the transferee of licence for
2242 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended
26 June 2019 GOVERNMENT GAZETTE, WA 2243 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 26
Amendment (Road Passenger Services) Regulations
(No. 2) 2019 Part 5 Division 2 comes into operation;
Australian Design Rules means the Australian Design Rules determined as vehicle standards under the Motor Vehicle Standards Act 1989 (Commonwealth), as in
force on the day on which the Transport Regulations
Amendment (Road Passenger Services) Regulations
(No. 2) 2019 Part 5 Division 2 comes into operation;
authorised on-demand rank or hail vehicle means a
vehicle in relation to which a passenger transport
vehicle authorisation is in force that authorises the
vehicle to be operated for use in providing anon-demand rank or hail passenger transport service;
camera surveillance unit means a device that takes
visual or audiovisual recordings;
Camera Surveillance Unit Standards means the
standards entitled Camera Surveillance UnitStandards 2019 approved by the CEO and published on
the Department’s website as in force on the day on
which the Transport Regulations Amendment (Road Passenger Services) Regulations (No. 2) 2019 Part 5 Division 2 comes into operation;
contract fare means an amount agreed under
regulation 35ZM(1) as payable for the provision of an
on-demand passenger transport service using an
on-demand rank or hail vehicle;Disability Standards means the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 (Commonwealth) section 31, as in force on the day on which the
Transport Regulations Amendment (Road Passenger
Services) Regulations (No. 2) 2019 Part 5 Division 2 comes into operation;
2244 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2245 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 26
(b)
any amount charged under regulation 35ZI(2) in relation to the fare;
Schedule 2B fare means the fare referred to in
regulation 35ZJ(1) for the provision of an on-demand
passenger transport service using an on-demand rank orhail vehicle that primarily operates in a region and
includes —
(a)
any surcharge or fee of a kind set out in Schedule 2B for the service; and
(b)
any amount charged under regulation 35ZJ(2) in relation to the fare;
school bus service means a passenger transport service
that —
(a) uses vehicles that are equipped to carry more than 8 people; and (b) is provided solely to carry students, with or without adults who are responsible for them, to or from —
(i) a school (as defined in the School Education Act 1999 section 4); or
(ii) another place that students enrolled at a school attend for an event or activity approved by the school;
serious offence means —
(a) an offence against any of the following provisions of the Road Traffic Act 1974 —
(i) section 54;
(ii) section 56 to the extent that it relates to bodily harm, grievous bodily harm or death;
(iii) section 59;
2246 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2247 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 26
surcharge —
(a) includes any GST consequent on a payment terminal being made available; and (b) does not include a fee or charge that is imposed on a non-cash payment by either of the following —
(i) a participant in a designated payment system as defined in the Payment
Systems (Regulation) Act 1998
(Commonwealth) section 7; or
(ii) a person consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia;
unit of competency TLIC2040 means the unit of
competency entitled TLIC2040 Provide wheelchair
accessible taxi services to passengers with disabilities
(Release 1) published on the National Register (as defined in the National Vocational Education and Training Regulator Act 2011 (Commonwealth)
section 3), as that unit is in force on the day on which
the Transport Regulations Amendment (Road
Passenger Services) Regulations (No. 2) 2019 Part 5Division 2 comes into operation;
visual, audiovisual or audio recording includes —
(a)
any electronically stored information from which a recorded image or sound can be generated; and
(b)
any print-out or reproduction of a recorded image or sound;
2248 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2249 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 29
29. Part 3 heading replaced
Delete the heading to Part 3 and insert:
Part 3 — Safety standards
Division 1 — Preliminary
30. Regulation 8 replaced
Delete regulation 8 and insert:
8. Safety standards (s. 14(2))
For the purposes of section 14(2) of the Act, the
provisions of Divisions 2 to 5 are specified as safety
standards.8A. Persons to whom specified safety standards apply
(1) In this regulation — relevant provider or driver means —
(a) a provider of an on-demand booking service; or (b)
a provider of an on-demand passenger transport service; or
(c)
a provider of a regular passenger transport service; or
(d)
a provider of a tourism passenger transport service; or
(e) a provider of a school bus service; or (f) a provider of a passenger transport vehicle; or (g) a passenger transport driver.
2250 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2251 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 31
(b) a regular passenger transport service; (c) a tourism passenger transport service; (d) a school bus service.
31. Regulation 9 amended
(1) In regulation 9(1) delete “an on-demand booking service” and insert: a specified service (2) Delete regulation 9(2)(a) and insert:
(a) identify the reasonably foreseeable hazards that could give rise to risks to the health and safety of drivers, passengers or other persons in connection with the passenger transport service —
(i) provided by the provider; or
(ii) in relation to which the provider provides an on-demand booking service;
and
(3) In regulation 9(3) delete “an on-demand booking service” and insert: a specified service
2252 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2253 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 33
(3) This safety standard is specified for the provider of the
vehicle for use in providing the passenger transport
service.(4) The following are responsible persons in relation to this safety standard —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing the passenger transport service;
(b) the provider of the passenger transport service; (c) the driver of the vehicle.
10B. Vehicle maintenance
(1) The following standards apply to the maintenance of a vehicle used to provide a passenger transport service —
(a) the vehicle must be regularly and properly maintained so that it meets the requirements referred to in regulation 10A(2); (b) the maintenance of the vehicle, including any maintenance schedule, is to be consistent with the recommendations of the manufacturer of the vehicle.
(2) This safety standard is specified for the provider of the
vehicle for use in providing the passenger transport
service.(3) The following are responsible persons in relation to this safety standard —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing the passenger transport service;
(b) the provider of the passenger transport service; (c) the driver of the vehicle.
2254 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2255 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 33
(3) This safety standard is specified for the provider of the
vehicle for use in providing the on-demand passenger
transport service.(4) The following are responsible persons in relation to this safety standard —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing the on-demand passenger transport service;
(b)
the provider of the on-demand passenger transport service;
(c) the driver of the vehicle.
10D. Wheelchair accessible vehicles: operation standards
(1)
An on-demand vehicle must not be used to provide an on-demand passenger transport service for a passenger in an occupied wheelchair unless the wheelchair is
properly restrained. (2)
An on-demand vehicle must not be used to provide an on-demand passenger transport service for a passenger in an occupied wheelchair unless the driver of the
vehicle operates the vehicle in accordance with the
standard of competence referred to in
regulation 10R(2).(3) This safety standard is specified for the driver of the
vehicle.(4) The provider of an on-demand booking service for the
use of the vehicle in providing the on-demand
passenger transport service is a responsible person in
relation to this safety standard.
2256 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2257 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 33
(6) The following are responsible persons in relation to this safety standard —
(a)
the provider of an on-demand booking service for the use of the motor cycle in providing the passenger transport service;
(b) the provider of the passenger transport service; (c) the driver of the motor cycle.
10F. Motor cycle requirements
(1) Motor cycle helmets complying with subregulation (2)
must be available in a range of sizes for use by
passengers of a motor cycle used to provide a
passenger transport service.(2) The motor cycle helmet must —
(a)
be a protective helmet as defined in the Road Traffic Code 2000 regulation 244(1); and
(b) be in an undamaged condition.
(3) The driver of a motor cycle that is being used to
provide a passenger transport service must be
competent in the operation of the motor cycle when
carrying a passenger.(4) This safety standard is specified for the following —
(a)
the provider of an on-demand booking service for the use of the motor cycle in providing the passenger transport service;
(b) the provider of the passenger transport service.
(5) The driver of the motor cycle is a responsible person in
relation to this safety standard.
2258 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2259 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 33
(2) This safety standard is specified for the following —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing a passenger transport service;
(b) the driver of the vehicle.
(3)
The provider of an on-demand rank or hail passenger transport service is a responsible person in relation to this safety standard if the vehicle is used in providing that service.
10I. Contact information: on-demand rank or hail
vehicles
(1) An on-demand rank or hail vehicle used to provide an
on-demand rank or hail passenger transport service
must be painted or marked so that the contact
information for the provider of the on-demand booking
service in relation to the on-demand rank or hailpassenger transport service —
(a) is displayed prominently; and (b) is clearly visible on the vehicle.
(2) This safety standard is specified for the provider of the
on-demand booking service in relation to the
on-demand rank or hail passenger transport service.(3) The following are responsible persons in relation to this safety standard —
(a)
the provider of the on-demand rank or hail passenger transport service;
(b) the driver of the vehicle.
2260 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2261 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 33
10K. Signs and livery: on-demand charter vehicles
(1) An on-demand charter vehicle that is being used to
provide an on-demand passenger transport service mustdisplay —
(a) prominent livery; or (b)
a sign that is clearly visible from the outside of the vehicle while it is operating indicating that it is an on-demand charter vehicle.
(2) The sign referred to in subregulation (1)(b) must be located —
(a) at the left of the rear window of the vehicle; or (b)
if that is not practicable, in a position on the vehicle that is clearly visible from the rear of the vehicle while it is operating.
(3) The sign referred to in subregulation (1)(b) must
identify the provider of the on-demand booking service
in relation to the on-demand passenger transport
service by name or by logo so that the name or logois —
(a)
legible or recognisable from the rear of the vehicle; and
(b) clearly visible in daylight and at night.
(4) This safety standard is specified for the following —
(a)
the provider of the vehicle for use in providing the on-demand passenger transport service;
(b) the driver of the vehicle.
(5) The provider of an on-demand passenger transport
service that is provided using the vehicle is a
responsible person in relation to this safety standard.
2262 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
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(b)
the provider of an on-demand passenger transport service that is provided using the vehicle.
(5) The driver of the vehicle is a responsible person in
relation to this safety standard.
10M. Display of driver identity document: on-demand
rank or hail vehicle
(1) The driver identity document of a driver of an
on-demand rank or hail vehicle must be displayed in
the vehicle so that it is clearly visible to passengers in
the vehicle who wish to view it.(2) This safety standard is specified for the driver of the
vehicle.(3) The following are responsible persons in relation to this safety standard —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing a passenger transport service;
(b)
the provider of an on-demand passenger transport service that is provided using the vehicle.
10N. Provision or display of driver identity information:
on-demand charter vehicle
(1) In this regulation — required information, in relation to a driver, means —
(a) a photograph of the driver; and (b) the first name of the driver.
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(3) A person who is specified in this Division as a
responsible person in relation to a safety standard
specified in regulation 10D, 10G, 10J or 10K must
ensure, so far as is reasonably practicable, that the
safety standard is complied with.Penalty for this subregulation:
(a) for an individual, a fine of $12 000; (b) for a body corporate, a fine of $40 000.
(4) A person who is specified in this Division as a
responsible person in relation to any other safety
standard specified in this Division must ensure, so far
as is reasonably practicable, that the safety standard is
complied with.Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000. Division 4 — Provision of information
10P. Information to be made available by provider of
on-demand booking service
(1)
The provider of an on-demand booking service must make the following information available to a person who makes a booking for an on-demand vehicle to be used in providing an on-demand passenger transport
service —
(a) information about the vehicle; (b) information about the driver of the vehicle.
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(b)
Element 4 (Drive a taxi used by passengers with disabilities).
(3) This safety standard is specified for the following —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing the passenger transport service;
(b) the provider of the passenger transport service; (c) the driver of the vehicle.
(4) The provider of the vehicle for use in providing the
passenger transport service is a responsible person in
relation to this safety standard.
10S. Driver reporting requirements
(1) A passenger transport driver must give written notice to the CEO of any change in the driver’s circumstances that adversely affects —
(a) the good character of the driver; or (b)
the mental or physical fitness of the driver to drive a vehicle for the purpose of transporting passengers for hire or reward.
(2)
A passenger transport driver must give written notice to the CEO of any driving impairment of the driver or any alteration to a driving impairment of the driver that
must be notified to the road traffic CEO under the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 64. (3) The passenger transport driver must give the notice within 7 days of the driver becoming aware of —
(a) the change in circumstances; or (b)
the driving impairment or the alteration to the driving impairment.
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Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
34. Regulation 18 replaced
Delete regulation 18 and insert:
18. Renewal of on-demand booking service authorisation
(1) The provider of an authorised on-demand booking
service may apply for the renewal of the on-demand
booking service authorisation (the currentauthorisation) by —
(a) applying to the CEO in the approved form; and (b)
paying the applicable authorisation fee prescribed under regulation 69(2).
(2) An application and payment under subregulation (1)
must be made within the period of 2 months ending on
the day on which the current authorisation expires.(3) An application for renewal of an on-demand booking service authorisation must include —
(a) if the last criminal record check provided under regulation 14 or 22(5) or this regulation in relation to any responsible officer of the provider is dated more than 5 years earlier than the day on which the application for renewal is made — a further criminal record check for the
responsible officer that is dated no earlier than
3 months before that day; and
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or (3) of the Act applies in relation to the
current authorisation.
(6)
If the provider does not make an application and payment under subregulation (1) within the time required under subregulation (2) and in accordance
with subregulation (3) —
(a) the current authorisation expires at the end of the period for which it was granted; and (b) any subsequent application for an on-demand booking service authorisation by the provider must be made in accordance with section 29 of the Act.
35. Part 4 Division 5A inserted
After Part 4 Division 5 insert:
Division 5A — Changes to information
26A. Provider of on-demand booking service to notify
change in circumstancesThe provider of an authorised on-demand booking
service must give written notice to the CEO, as soon as
practicable after becoming aware of the change, if there
is a change in any of the information that is given to theCEO —
(a)
in the application for the on-demand booking service authorisation; or
(b)
in an application for renewal of the on-demand booking service authorisation; or
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(b) the second provider must keep — (i) a record of the name of the first provider; and
(ii) records of the information required by subregulation (2) in relation to the booking.
(3) In regulation 29(4) delete “to subregulations (2)” and insert: to in subregulations (2), (2A) (4) In regulation 29(5) delete “subregulation (2)” and insert: subregulation (2) or (2A) 37. Regulation 34 deleted
Delete regulation 34.
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(3) This regulation does not affect the obligation of the
principal provider to carry out the functions set out in
subregulation (2).Division 2 — Grant, duration and renewal of regular
passenger service authorisations
35B. Application for approval of temporary variation of
route or area (s. 70(2))An application under section 70(2) of the Act for
approval of a temporary variation of the route or routes
or area or areas approved under a regular passengertransport service authorisation must —
(a) be in writing; and (b)
specify the particular route or routes or area or areas to be varied and how they are to be varied; and
(c)
specify the period of time for which the temporary variation is sought; and
(d)
set out why the variation and the period of variation is required.
35C. Temporary variation of route or area (s. 70(2)) A variation approved under section 70(2) of the Act must specify —
(a) the period for which it is to have effect; and (b)
any variation of the conditions of the authorisation by the Minister under section 68 of the Act that is made as a result of the variation under section 70(2) of the Act.
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subregulation (2) and in accordance with
subregulation (3), the Minister —
(a) must consider the application; and (b)
may have regard to the matters in section 62 of the Act; and
(c)
may grant a further regular passenger transport service authorisation to the provider.
(5) If the Minister grants a further regular passenger
transport service authorisation to the provider, the
authorisation document issued under section 72 of theAct for the further authorisation must specify —
(a)
the same authorisation number as the current authorisation; and
(b)
the day on which the authorisation comes into force, which must be the day after the day on which the current authorisation expires.
(6) The Minister may refuse to grant a further regular
passenger transport service authorisation to theprovider if —
(a) the current authorisation is suspended; or (b) any of the grounds for making an order suspending or cancelling the current authorisation under section 79(1) of the Act apply; or (c) having regard to the matters in section 62 of the regular passenger transport service authorisation should not be granted to the provider.
(7)
If the provider does not make an application and payment under subregulation (1) within the time
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passenger transport service must comply with the
requirements imposed by regulations 35H, 35I and 35J.
35H. Use of regular passenger transport vehicles
(1) The provider of an authorised regular passenger
transport service must not permit a vehicle that is being
used to provide the regular passenger transport service
to stand or operate in a taxi rank.(2) The provider of an authorised regular passenger
transport service must not permit a vehicle that is being
used to provide the regular passenger transport service
to stand, tout or ply for hire on a road or in another
place accessible to the public for the purpose ofattracting customers, unless —
(a)
the place is associated with a route or area approved under the regular passenger transport authorisation; and
(b)
the standing, touting or plying for hire occurs at a time that is consistent with the timetable or regular intervals according to which the regular passenger transport service is provided.
35I. Fares
(1) The provider of an authorised regular passenger
transport service must use a transparent process for the
determination of fares.(2) The provider of an authorised regular passenger
transport service must make the amount of any fare to
be charged available to a passenger by publication or
otherwise a reasonable time before a journey begins.
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is the holder of a regular passenger transport service
authorisation that is in force.
Penalty:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
35L. Name or authorisation number of provider must be
included in advertisingThe provider of an authorised regular passenger
transport service must not advertise, or authorise or
permit the publication of an advertisement for, the
regular passenger transport service unless theadvertisement includes at least one of the following —
(a) the authorisation number of the provider; (b) the name of the provider; (c)
a trading name or business name used by the provider.
Penalty:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
Division 6 — Complaints
35M. Complaints resolution procedure The provider of an authorised regular passenger transport service must ensure that —
(a) a written procedure is prepared that provides for —
(i) a simple process by which a customer can make a complaint in relation to the regular passenger transport service; and
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Part 4B — Authorisation of passenger
transport vehicles
Division 1 — Preliminary
35O.
Driving or operating vehicle with interstate vehicle authorisation when not authorised (s. 121 and 122)
(1)
For the purposes of sections 121(2)(b) and 122(3)(b) of the Act and regulation 35P(1)(b)(ii) and (2)(c), a driver
must comply with the following conditions —
(a)
the driver must carry the interstate vehicle authorisation in the vehicle at all times that the vehicle is being used in providing a passenger transport service; and
(b)
the driver must produce the interstate vehicle authorisation at the request of an authorised officer.
(2) For the purposes of sections 121(2)(c) and 122(3)(c) of
the Act, the period prescribed for an interstate vehicle
authorisation is a continuous period of 3 months
beginning on the day on which the vehicle enters the
State.
35P. Exemption from s. 121 and 122 for vehicle with
interstate vehicle authorisation where conditions
complied with to extent possible in the State
(1) A person who drives a vehicle for use in providing a
passenger transport service is exempt fromsection 121(1) of the Act if —
(a)
section 121(2)(a) and (c) of the Act apply in relation to the driving; and
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(b)
the provider of the vehicle must give notice to the CEO in the manner and form approved by the CEO of the intended use of the replacement
vehicle before the vehicle is used to provide a
passenger transport service.Division 2 — Grant, duration and renewal of passenger
transport vehicle authorisations
35R. Requirements for authorisation of vehicle (s. 126
and 133)
(1)
For the purposes of sections 126 and 133(1)(b)(ii) of the Act, a passenger transport vehicle must meet the
following requirements —
(a)
the vehicle licence for the vehicle must be in force;
(b) in the past 3 months —
(i) the vehicle must have been inspected Act 2012; and
(ii) been issued under Road Traffic
(Vehicles) Act 2012 that the vehicle
meets the prescribed standards anda certificate of inspection must have vehicle;
(c)
the vehicle must have the appropriate category of motor injury insurance required for the vehicle under the Motor Vehicle (Third Party Insurance) Act 1943.
(2)
For the purposes of section 126 of the Act, a vehicle intended to be used to provide an on-demand rank or
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(3) The period specified under subregulation (2) may be
1 month, 3 months, 6 months or 12 months or another
period not exceeding 12 months that the CEO may
determine in a particular case.
35T. Renewal of passenger transport vehicle
authorisation
(1) The holder of a passenger transport vehicle
authorisation (the current authorisation) granted for
3 months or more may apply for the renewal of theauthorisation by —
(a) applying to the CEO in the approved form; and (b)
paying the applicable authorisation fee prescribed under regulation 69(2A).
(2) An application and payment under subregulation (1)
must be made within the period of 2 months ending on
the day on which the current authorisation expires.(3) An application for renewal of a passenger transport
vehicle authorisation must include any documents
required by the approved form.(4) If the holder makes an application and payment under
subregulation (1) within the time required under
subregulation (2) and in accordance withsubregulation (3) —
(a) the CEO must grant a further passenger transport vehicle authorisation to the holder; and (b) the authorisation document issued under section 135 of the Act for the further authorisation must specify —
(i) the same authorisation number as the current authorisation; and
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(2) A person who requests the cancellation of a passenger
transport vehicle authorisation is not entitled to a
refund of the authorisation fee or any part of it.Division 3 — Changes to information
35V. Holder of passenger transport vehicle authorisation
to notify change in circumstancesThe holder of a passenger transport vehicle
authorisation must give written notice to the CEO, as
soon as practicable after becoming aware of the
change, if there is a change in any of the informationthat is given to the CEO —
(a) in the application for the authorisation; or (b)
in an application for renewal of the authorisation; or
(c) under this regulation.
Penalty:
(a) for an individual, a fine of $3 000; (b) for a body corporate, a fine of $10 000.
Part 4C — Requirements relating to passenger
transport services
Division 1 — Notifiable occurrences
35W. Term used: notifiable occurrence In this Division — notifiable occurrence means any of the following —
(a)
an incident involving a vehicle being used to provide a passenger transport service that must
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(g) an incident involving —
(i) the misplacement of a visual, camera surveillance unit installed in a passenger transport vehicle; or
(ii) the use in contravention of or audio recording from a camera surveillance unit fitted in a passenger transport vehicle; or
(iii) the viewing, downloading, copying, audiovisual or audio recording in contravention of regulation 35ZF.
35X. Reporting of notifiable occurrences
(1)
The provider of an on-demand booking service must report to the CEO, in accordance with this regulation, any notifiable occurrence that occurs in relation to a
passenger transport service for which the provider
provides an on-demand booking service.Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
(2) The provider of a passenger transport service must
report to the CEO, in accordance with this regulation,
any notifiable occurrence that occurs in relation to the
passenger transport service.Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
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Division 2 — Camera surveillance
35Z. Terms used In this Division — authorised purpose, in relation to the use of a
recording made by a camera surveillance unit fitted to a
passenger transport vehicle, means any of the following
purposes or any purpose connected with thosepurposes —
(a) the investigation or prosecution of an offence against the Act or these regulations or The Criminal Code that is committed in or around the vehicle; (b) ensuring a person’s compliance with a condition of, or requirement relating to, a
passenger transport authorisation;(c) ensuring a person’s compliance with any subsidised travel scheme;
(d) the investigation or prosecution of an offence against any written law; (e) a use in relation to proceedings arising out of a written law if relevant to those proceedings; (f) a use that is reasonably necessary for the protection of the lawful interests of any of the following —
(i) a provider of an on-demand booking service for the use of the vehicle in providing a passenger transport service;
(ii) a provider of a passenger transport service that is provided using the vehicle;
(iii) a driver of the vehicle;
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35ZB. Signs about camera surveillance
(1) This regulation applies in relation to a passenger
transport vehicle that is fitted with a camera
surveillance unit other than a camera surveillance unit
that does not take recordings of passengers inside the
vehicle.(2)
The following persons must ensure that the passenger transport vehicle is fitted with signs that comply with
whichever of subregulation (4) or (5) is applicable —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing a passenger transport service;
(b)
the provider of a passenger transport service that is provided using the vehicle.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
(3) The following persons must ensure, so far as is
reasonably practicable, that the passenger transport
vehicle is fitted with signs that comply with whicheverof subregulation (4) or (5) is applicable —
(a)
the provider of the vehicle for use in providing a passenger transport service;
(b) the driver of the vehicle.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
(4) If the passenger transport vehicle is an on-demand rank
or hail vehicle, signs must be conspicuously placed in
and on the outside of the vehicle advising persons that
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Penalty for this subregulation:
(a) for an individual, a fine of $12 000; (b) for a body corporate, a fine of $40 000.
35ZE. Production of camera recordings to authorised
officers
(1)
If a passenger transport vehicle is fitted with a camera surveillance unit, an authorised officer may by written notice require the following persons to provide a copy of a visual, audiovisual or audio recording from the
camera surveillance unit —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing a passenger transport service;
(b)
the provider of a passenger transport service that is provided using the vehicle;
(c)
the provider of the vehicle for use in providing a passenger transport service;
(d) the driver of the vehicle.
(2) A notice under subregulation (1) must specify —
(a)
the manner in which the recording to which it applies must be provided; and
(b)
the time within which the recording must be provided, which must allow the person a reasonable period to comply with the notice.
(3)
A person referred to in subregulation (1)(a) or (b) who is given a notice under that subregulation must comply with the notice.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
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(4)
The provider of an authorised on-demand booking service may, in accordance with subregulation (5), authorise a person to carry out a function under
subregulation (3) on the provider’s behalf. (5) An authorisation under subregulation (4) must —
(a) be in writing; and (b)
specify the date that the authorisation was made.
(6) The provider of an authorised on-demand booking
service must keep a record of each authorisation made
by the provider under subregulation (4) for 2 years
after it is given.Penalty for this subregulation:
(a) for an individual, a fine of $10 000; (b) for a body corporate, a fine of $40 000.
35ZG. Deletion, destruction or disposal of recordings
(1) The following persons must ensure that a visual,
audiovisual or audio recording from a camera
surveillance unit fitted to an on-demand rank or hail
vehicle in accordance with regulation 35ZA is deleted,
destroyed or disposed of in accordance with thisregulation —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing a passenger transport service;
(b)
the provider of a passenger transport service that is provided using the vehicle.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
2300 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2301 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 38
(b) if it is used for an authorised purpose during the period referred to in paragraph (a) — as soon as
practicable after it ceases to be used for an
authorised purpose.
(6) Subregulations (1) to (3) do not apply to a recording
made during the installation or testing of a camera
surveillance unit.Division 3 — Fares and fare devices
Subdivision 1 — Requirements for fares that apply only to
on-demand rank or hail vehicles
35ZH. Term used: relevant person In this Subdivision — relevant person, in relation to an on-demand rank or hail vehicle, means any of the following —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing an on-demand passenger transport service;
(b)
the provider of an on-demand passenger transport service that is provided using the vehicle;
(c)
the provider of the vehicle for use in providing an on-demand passenger transport service;
(d) the driver of the vehicle.
35ZI. Maximum fares, surcharges and fees: metropolitan
region
(1)
A relevant person in relation to an on-demand rank or hail vehicle that primarily operates in the metropolitan region must ensure that the fare, and any surcharge and fee of a kind set out in Schedule 2A, inclusive of GST,
2302 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2303 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
r. 38
(6) Subregulations (1) and (4) do not apply to an
on-demand passenger transport service that is provided
for a contract fare.
35ZJ. Maximum fares, surcharges and fees: regions
(1) A relevant person in relation to an on-demand rank or
hail vehicle that primarily operates in a region must
ensure that the fare, and any surcharge and fee of a
kind set out in Schedule 2B, inclusive of GST, for
using the vehicle to provide an on-demand passenger
transport service are not more than those set out in
Schedule 2B.Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
(2) Despite subregulation (1), if levy under Part 9
Division 2 of the Act is payable in relation to a leviable
passenger service transaction that relates to the
on-demand passenger transport service the followingmay also be charged for the service —
(a) an amount of fare allocated for the levy; and (b)
an amount for the GST payable in relation to the amount referred to in paragraph (a).
(3) An amount charged under subregulation (2)(a) must not exceed the lesser of —
(a)
10% of the sum of the amounts charged of a kind referred to in regulation 47(2) (excluding the GST included in any of those amounts); and
(b) $10.
(4) A driver must not select a tariff for the use of an
on-demand rank or hail vehicle that primarily operates
2304 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2305 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
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passenger transport service by the
provider of the service or the provider ofan on-demand booking service.
(3)
If any amounts under regulation 35ZI(2) or 35ZJ(2) are to be paid in relation to the provision of an on-demand passenger transport service using the vehicle, the
schedule displayed under subregulation (1) must
include a statement that an additional amount of fare
allocated for the levy and an amount for the GST on
that additional amount may be charged.(4) The name of the provider of an on-demand booking
service that is a relevant person in relation to the
vehicle is to be included in the schedule displayed
under subregulation (1).
35ZL. Deposit
(1) The driver of an on-demand rank or hail vehicle may
require the person who booked the vehicle to pay a
deposit before an on-demand passenger transport
service is provided using the vehicle.(2) The deposit must not exceed 100% of the Schedule 2A
fare or Schedule 2B fare that the driver reasonably
estimates would be payable for the on-demand
passenger transport service.(3) Subregulation (2) does not apply to an on-demand
passenger transport service that is to be provided for a
contract fare.
2306 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2307 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
Passenger Services) Act 2018 Part 6 commences
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(b)
retain the record for a period of 12 months starting on the day on which the contract fare was agreed.
Penalty for this subregulation: a fine of $12 000.
35ZN. Written confirmation of contract fare
(1) The provider of an on-demand booking service must
provide the person who booked the service with written
confirmation in accordance with this regulation of a
contract fare agreed by the provider.Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
(2) The driver of an on-demand rank or hail vehicle must
provide the person who booked the service with written
confirmation in accordance with this regulation of a
contract fare agreed by the driver.Penalty for this subregulation: a fine of $9 000. (3) The written confirmation may be in electronic form. (4) The written confirmation must set out —
(a)
sufficient details to enable the identification of the driver, the vehicle, the person who booked the service and at least 1 of the passengers; and
(b)
details of the location where the proposed journey is to begin and end; and
(c)
details of the day and time of the proposed journey; and
(d)
the amount of the contract fare including any amount included for GST; and
2308 GOVERNMENT GAZETTE, WA 26 June 2019 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Part 5 Transport (Road Passenger Services) Regulations 2019 amended Division 2 Amendments commencing when the Transport (Road Passenger Services) Act 2018 Part 6 commences
26 June 2019 GOVERNMENT GAZETTE, WA 2309 Transport Regulations Amendment (Road Passenger Services)
Regulations (No. 2) 2019
Transport (Road Passenger Services) Regulations 2019 Part 5 amended
Amendments commencing when the Transport (Road Division 2
35ZQ. Commencement and termination of journey in
on-demand rank or hail vehicle
(1) A journey made as part of the provision of an
on-demand passenger transport service using anon-demand rank or hail vehicle —
(a) begins — (i) if the vehicle is booked on a rank or hail
basis — on the entry of a passenger into
the vehicle; or
(ii) if the vehicle is booked to begin the
journey at a specified place — as soon
as the passenger acknowledges the driver after arrival at that place; or
(iii) if the vehicle is booked to begin the journey at a specified place and at a
specified time — on arrival of the
vehicle at that place at, or after, that
time;
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(3) If there is a multiple hiring of an on-demand rank or
hail vehicle, the fare for the provision of each
passenger transport service covered by the multiple
hiring must not exceed 75% of the Schedule 2A or
Schedule 2B fare for the provision of that service.(4)
An on-demand rank or hail passenger transport service that is provided for a contract fare cannot be the subject of a multiple hiring.
(5) Subregulation (4) does not prevent 2 or more
passengers who are not accompanying each other from
agreeing to share the cost of a contract fare.(6) If an on-demand rank or hail passenger transport service is the subject of a multiple hiring —
(a) any fee for parking at the request of a passenger referred to in regulation 35ZW(1) must be paid by the person who made the booking for that passenger; and
(b) any cleaning fee referred to in who made the booking for that passenger; and
(c) the amounts to be paid by a person who booked the vehicle for use in providing the service for the purposes of adding a surcharge under regulation 35ZS are, in respect of the service, the amounts for —
(i) the separate fare for the provision of the service; and
(ii) any parking fee or cleaning costs payable by that person referred to in paragraph (a) or (b).
r. 38
(c)
if the provider of an on-demand passenger transport service was involved in requesting or enabling the use of that type of payment terminal, then that provider provides the terminal for the purposes of subregulation (2); and
(d)
in any other case, the driver of the vehicle provides the terminal for the purposes of subregulation (2).
Subdivision 2 — Other requirements for fares
35ZT. Terms used In this Subdivision — fare amount includes the fare for the provision of an
on-demand passenger transport service and all fees and
charges applying to the provision of that service;relevant provider, in relation to an on-demand vehicle, means —
(a)
the provider of an on-demand booking service for the use of the vehicle in providing a passenger transport service; or
(b)
the provider of an on-demand passenger transport service that is provided using the vehicle.
35ZU. Fare amounts for passenger transport services
using on-demand vehicles
(1) A relevant provider must make available to a person
intending to book an on-demand vehicle for use inproviding an on-demand passenger transport service —
(a)
the fare amount for the provision of the service; or
r. 38
(b) discloses all fares, fees and charges that may be payable, including fees and charges that apply if —
(i) circumstances change; or
(ii) the vehicle is used for a longer period than anticipated; or
(iii) there are additional charges at certain times.
(6) This regulation does not apply if the on-demand
passenger transport service is provided on a rank or
hail basis.
35ZV. Certain fares and charges prohibited in a declared
emergency
(1) In this regulation — queue-jumping fee means a fee payable in addition to
the fare determined using the standard method of
calculating the fare, in order to be conveyed by an
on-demand vehicle in priority to persons alreadylogged into the driver’s booking system; surge pricing means an increased fare charged only at
times of temporary high demand for passenger
transport.(2)
A relevant provider in relation to an on-demand vehicle must ensure that a fare that is calculated by reference to an element of surge pricing, or includes a
queue-jumping fee, is not charged for the provision of
an on-demand passenger transport service in an
emergency area (as defined in the Emergency
Management Act 2005 section 3).Penalty for this subregulation:
(a) for an individual, a fine of $9 000;
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(2) The following persons must ensure, so far as is
reasonably practicable, that an on-demand rank or hail
vehicle is fitted with a fare calculation device thatcomplies with regulation 35ZZ —
(a)
the provider of the vehicle for use in providing an on-demand passenger transport service;
(b) the driver of the vehicle.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
35ZZ. Requirements for fare calculation devices
(1) All fares and other figures displayed on the fare
calculation device must be clearly visible to passengers
in the vehicle who wish to view them, whether on the
device itself or by means of an auxiliary device.(2) The fare calculation device must be resistant to
tampering and vandalism and must be in working
order.(3) The fare calculation device must be —
(a) securely fixed to the vehicle; or (b)
secured in a mounting that is designed and manufactured for that purpose and is fixed to the vehicle in the manner intended by the manufacturer.
(4) The fare calculation device must not be located in any
position, or installed in any way, in which it is likely to
cause injury to the driver or any passenger during
normal operation of the on-demand rank or hail vehicle
or in the event of severe acceleration or deceleration.
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(b) the driver of the vehicle. Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
(3) The information to be displayed is —
(a)
the authorisation number of the provider of the on-demand booking service or, in the case of an associated booking service, the authorisation number of the provider of the on-demand booking service identified in the association arrangement as the principal booking service; and
(b)
contact information for the provider of the on-demand booking service.
Division 4 — Other obligations
35ZZB. Driver to inform on-demand booking service of
certain matters
(1) A driver of an on-demand rank or hail vehicle must
inform the provider of an on-demand booking service
for the use of the vehicle in providing a passenger
transport service on each occasion when the driver
begins or ends a period during which the driver is
driving the vehicle for the purpose of providing a
passenger transport service.Penalty for this subregulation: a fine of $12 000. (2) A driver of an on-demand rank or hail vehicle must provide the driver’s correct identity to the provider of the on-demand booking service when complying with
subregulation (1).Penalty for this subregulation: a fine of $12 000. r. 38
35ZZE. Driver must accept hiring except in certain
circumstances
(1) A driver of an on-demand rank or hail vehicle must
accept any person as a passenger in the vehicleunless —
(a) the driver has reasonable grounds to believe that either of the following poses a threat to the driver’s safety —
(i) the intended passenger or a person accompanying the intended passenger;
(ii) the location at which the journey is to begin or end;
or
(b) the intended passenger or a person accompanying the intended passenger is —
(i) in such an unclean condition that they will soil the vehicle; or
(ii) carrying a thing that is likely to soil the vehicle;
or
(c)
the intended passenger is abusive or aggressive; or
(d)
the intended passenger or a person accompanying the intended passenger appears to be under the influence of alcohol or drugs to an extent that they are likely to soil the vehicle or become abusive or aggressive; or
(e)
the driver has reasonable grounds to believe that the intended passenger has previously evaded or attempted to evade the payment of a fare for the provision of a passenger transport service; or
r. 38
Penalty:
(a) for an individual, a fine of $12 000; (b) for a body corporate, a fine of $40 000.
35ZZG. Offence to operate unauthorised vehicle with passenger transport vehicle number plates
(1) A person must not operate a vehicle (as defined in section 120 of the Act) if —
(a)
the number plates of the vehicle identify it as a passenger transport vehicle or as a passenger transport vehicle that is used to provide a particular category of passenger transport service; and
(b)
there is not in force in relation to the vehicle a passenger transport vehicle authorisation, or a passenger transport vehicle authorisation that authorises the vehicle to be operated for use in
providing that category of passenger transport
service, as the case requires.
Penalty for this subregulation:
(a) for an individual, a fine of $12 000; (b) for a body corporate, a fine of $40 000.
(2) Despite subregulation (1), if a passenger transport
vehicle authorisation ceases to be in force, a person
may operate the vehicle with number plates that
identify the vehicle as a passenger transport vehicle, or
as a passenger transport vehicle that is used to provide
a particular category of passenger transport service,
within the period of 14 days after the cessation for a
purpose other than the provision of a passenger
transport service.
r. 40
(2) In regulation 37(4) delete “(c) or (d)” and insert: (c), (d) or (e) 40. Regulation 44 amended
(1) In regulation 44 delete the definitions of: GST
metered fare
metered fare amount(2) In regulation 44 insert in alphabetical order: metered fare means a fare for an on-demand passenger
transport service to which regulation 35ZI or 35ZJapplies;
metered fare amount means —
(a) in relation to a metered fare to which regulation 35ZI applies — the amount of fare
calculated using metered rates (whether those
rates are the applicable maximum metered rates
set out in Schedule 2A or lower rates); or(b) in relation to a metered fare to which regulation 35ZJ applies — the amount of fare
calculated using metered rates (whether those
rates are the applicable maximum metered rates
set out in the Schedule 2B or lower rates);
r. 43
43. Regulation 56 amended
(1) In regulation 56(1):
(a) in paragraph (d) delete “46(2)(c).” and insert: 46(2)(c);
(b) after paragraph (d) insert:
(e)
the distance travelled in the associated relevant journey, if this is used for calculating any amount of the fare payable for the on-demand passenger transport service.
(2) In regulation 56(2):
(a) in paragraph (d) delete “amount.” and insert: amount;
(b) after paragraph (d) insert:
(e) the distance travelled in the associated relevant journey.
44. Regulation 68 amended
In regulation 68:
(a) in paragraph (a) delete “authorisation;” and insert: authorisation on a ground referred to in section 42(1)(a),
(b), (d) or (e) of the Act;
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requirements of the Act and these regulations in
relation to the school bus service except the
requirement under regulation 9 to have a safetymanagement system.
(2) A provider of a passenger transport vehicle used or
intended to be used for a passenger transport service
that is a school bus service is exempt from all of the
requirements of the Act and these regulations in
relation to the provision of that vehicle.
69B. CEO or authorised officer may require documents
to be produced or provided
(1) The CEO or an authorised officer may, by written notice —
(a) require the provider of a specified service that is required under regulation 9 to have a safety management system to —
(i) produce for inspection the provider’s
safety management system; or
(ii) provide copies of that safety management system;
or
(b) require a party to an association arrangement to produce for inspection, or provide a copy of, the association arrangement; or (c) require the provider of an authorised on-demand booking service to —
(i) produce for inspection any of the regulations 28, 29, 33 and 35ZF(6); or
r. 47
provided on an ongoing basis at times specified in the
notice.
(4) A person given a notice under subregulation (1) must
comply with the notice.Penalty for this subregulation:
(a) for an individual, a fine of $12 000; (b) for a body corporate, a fine of $40 000.
47. Part 9 replaced
Delete Part 9 and insert:
Part 9 — Transitional provisions
Division 1 — General matters
70. Disclosure of information about drivers’ licences
(1)
For the purposes of section 293(2) of the Act, the CEO may disclose the information referred to in that section to a person referred to in that section who requests the information (the recipient) by making the information available to the recipient through an online facility.
(2) The information referred to in section 293(2) of the Act about an ‘F’ or ‘T’ endorsed driver’s licence must not be disclosed unless the recipient provides each of the following in relation to the driver’s licence —
(a) the surname of the driver’s licence holder; (b) the date of birth of the driver’s licence holder; (c) the driver’s licence number.
r. 47
vehicle that primarily operates in the following
areas —
(a) the Mandurah local government district; (b) the Murray local government district.
73. Provisions for section 295 of the Act
(1) The prescribed day for section 295(2) and (3) of the
Act is 30 September 2019.(2) The prescribed requirements for section 295(4) of the Act are —
(a)
that the vehicle complies with the requirements of regulation 35R for the authorisation of a vehicle intended to be used to provide an on-demand rank or hail passenger transport service; and
(b) either —
(i) that the vehicle is owned by the owner of the taxi plates; or
(ii) that the owner of the vehicle has consented to the owner of the taxi plates applying for authorisation of the vehicle as a passenger transport vehicle authorised to be operated for use in providing an on-demand rank or hail passenger transport service.
74. Provisions for section 296 of the Act
(1) The prescribed date for the purposes of the definition
of relevant date in section 296(1) of the Act is
30 September 2019.
r. 47
commencement day as a number plate for the vehicle it
was attached to while it continues to be an authorisedon-demand rank or hail vehicle.
(3) A taxi plate that may continue to be used because of
subregulation (2) is taken on and after commencementday to be —
(a) under the Road Traffic (Vehicles)
a number plate issued by the road traffic CEO to the on-demand rank or hail vehicle; and
(b) the property of the road traffic CEO.
77. Existing attached number plates for country taxi-cars may continue to be used
(1)
This regulation applies if a number plate that was issued for a country taxi-car under the Transport Co-ordination Act 1966 was attached to the taxi-car
immediately before commencement day. (2) Unless otherwise provided in this Division, the number
plate may continue to be used on and after
commencement day as a number plate for the vehicle it
was attached to while it continues to be an authorised
on-demand rank or hail vehicle.(3) A number plate that may continue to be used because
of subregulation (2) is taken on and aftercommencement day to be —
(a) under the Road Traffic (Vehicles)
a number plate issued by the road traffic CEO to the on-demand rank or hail vehicle; and
(b) the property of the road traffic CEO.
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(4) A number plate that may continue to be used because
of subregulation (2)(b) is taken on and after the vehicle
ceases to be authorised under the Act to be used toprovide a passenger transport service to be —
(a) under the Road Traffic (Vehicles)
a number plate issued by the road traffic CEO to the vehicle; and
(b) the property of the road traffic CEO.
79. Owned taxi plates that were attached and were not the subject of the buyback scheme
(1) This regulation applies if —
(a) taxi plates issued under the Taxi Act 1994 — (i) were owned taxi plates as defined in section 295(1) of the Act; and
(ii) were not the subject of a buyback payment under Part 9 Division 1 of the Act; and
(iii) were attached to a vehicle immediately before commencement day;
and (b)
the eligible owner of the taxi plates has nominated a vehicle under section 295(4) of the Act.
(2) The taxi plates —
(a)
may be attached to the nominated vehicle on or after commencement day; and
(b)
once attached may be used as the number plates for the nominated vehicle while it continues to be an authorised on-demand rank or hail vehicle; and
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(3) A number plate that may be used on a nominated
vehicle because of subregulation (2) is taken on andafter commencement day to be —
(a) under the Road Traffic (Vehicles)
Regulations 2014 regulation 111(2) thata number plate issued by the road traffic CEO on-demand rank or hail vehicle; and
(b) the property of the road traffic CEO.
81. Return of number plates that were not attached to a vehicle
(1) This regulation applies in relation to the following
plates if they were not attached to a vehicleimmediately before commencement day —
(a)
taxi plates issued for a taxi under the Taxi Act 1994;
(b)
number plates issued for a country taxi-car under the Transport Co-ordination Act 1966;
(c)
number plates issued for an omnibus under the Transport Co-ordination Act 1966 section 32A.
(2) The relevant person must surrender the taxi plates or
number plates to the CEO within 14 days after
commencement day.Penalty for this subregulation: a fine of $800. (3) In subregulation (2) — relevant person, in relation to taxi plates or number plates, means —
(a) the owner of the taxi plates; or (b)
if the taxi plates were leased under the Taxi Act 1994, the lessee of the taxi plates; or
r. 48
48. Schedule 1 amended
(1) In Schedule 1 Division 1 after item 3 insert: 3A.
Application fee for regular passenger transport $115.00 service authorisation (s. 59(3)(e) of the Act) 3B.
Application fee for renewal of regular passenger $115.00 transport service authorisation (r. 35E(1)(b)) 3C.
Application fee for variation of regular passenger $154.00 transport service authorisation (s. 67(2)(c) of the Act) 3D.
Application fee for variation of approved route or $154.00 area (s. 69(2)(c) of the Act) 3E.
Application fee for transfer of regular passenger $77.00 transport service authorisation (s. 75(4)(d) of the Act) 3F.
Application fee for passenger transport vehicle $15.00 authorisation (s. 124(3)(d) of the Act) 3G.
Application fee for variation of conditions of $20.00 passenger transport vehicle authorisation (s. 130(2)(c) of the Act) 3H.
Application fee for category of service change for $36.00 passenger transport service authorisation (s. 132(2)(c) of the Act)
r. 49
49. Schedules 2A and 2B inserted
After Schedule 2 insert:
Schedule 2A — Fares: metropolitan region
[r. 35ZI]
Metered rates (maximums)
Tariff Flagfall Distance rate Detention Tariff 1 Monday to Friday
6 am to 6 pm $4.20 $1.72/km $49.00/hour
Tariff 2
For the following
times —
Monday to Friday
6 pm to 6 am
Friday 6 pm to
Monday 6 am
All day Public
Holidays $6.10 $1.72/km $49.00/hour
Tariff 3
When carrying 5 or
more passengers $6.10 $2.56/km $76.00/hour
Other amounts (maximums)
Call out fee
(but only if a guaranteed booking fee is not payable
for the same hire) $1.50 Guaranteed booking fee $9.00 r. 49
Tariff Flagfall Distance rate Detention Tariff 3 When carrying 5 or
more passengers $6.10 $3.41/km $76.00/hour
Other amounts (maximums)
Call out fee $1.50 Surcharges Ultra-Peak — From midnight Friday to 5 am Saturday or
midnight Saturday to 5 am Sunday $2.65
Christmas Day —
Midnight to midnight $5.10
New Year’s Eve —
6 pm New Year’s Eve to 6 am New Year’s Day $5.70 Division 2 — Goldfields-Esperance region
Metered rates (maximums)
Tariff Flagfall Distance rate Detention Tariff 1 Monday to Friday
6 am to 6 pm $4.20 $1.80/km $49.00/hour
Tariff 2
For the following
times —
Monday to Friday
6 pm to 6 am
Friday 6 pm to
Monday 6 am
r. 49
Tariff Flagfall Distance rate Detention Tariff 2 For the following times — Monday to Friday
6 pm to 6 am
Friday 6 pm to
Monday 6 am
All day Public
Holidays $6.10 $1.75/km $49.00/hour
Tariff 3
When carrying 5 or
more passengers $6.10 $2.60/km $76.00/hour
Other amounts (maximums)
Call out fee $1.50 Surcharges Ultra-Peak — From midnight Friday to 5 am Saturday or
midnight Saturday to 5 am Sunday $2.65
Christmas Day —
Midnight to midnight $5.10
New Year’s Eve —
6 pm New Year’s Eve to 6 am New Year’s Day $5.70
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Division 5 — Mid West region
Metered rates (maximums)
Tariff Flagfall Distance rate Detention Tariff 1 Monday to Friday
6 am to 6 pm $4.30 $1.76/km $49.50/hour
Tariff 2
For the following
times —
Monday to Friday
6 pm to 6 am
Friday 6 pm to
Monday 6 am
All day Public
Holidays $6.20 $1.76/km $49.50/hour
Tariff 3
When carrying 5 or
more passengers $6.20 $2.60/km $76.60/hour
Other amounts (maximums)
Call out fee $1.50 Surcharges Ultra-Peak — From midnight Friday to 5 am Saturday or
midnight Saturday to 5 am Sunday $2.65
Christmas Day —
Midnight to midnight $5.10
New Year’s Eve —
6 pm New Year’s Eve to 6 am New Year’s Day $5.80
r. 49
Division 7 — Pilbara region
Metered rates (maximums)
Tariff Flagfall Distance rate Detention Tariff 1 Monday to Friday
6 am to 6 pm $4.20 $2.31/km $49.00/hour
Tariff 2
For the following
times —
Monday to Friday
6 pm to 6 am
Friday 6 pm to
Monday 6 am
All day Public
Holidays $6.10 $2.31/km $49.00/hour
Tariff 3
When carrying 5 or
more passengers $6.10 $3.41/km $76.00/hour
Other amounts (maximums)
Call out fee $1.50 Surcharges Ultra-Peak — From midnight Friday to 5 am Saturday or
midnight Saturday to 5 am Sunday $2.65
Christmas Day —
Midnight to midnight $5.10
New Year’s Eve —
6 pm New Year’s Eve to 6 am New Year’s Day $5.70
r. 49
Division 9 — Wheatbelt region
Metered rates (maximums)
Tariff Flagfall Distance rate Detention Tariff 1 Monday to Friday
6 am to 6 pm $4.20 $1.80/km $49.00/hour
Tariff 2
For the following
times —
Monday to Friday
6 pm to 6 am
Friday 6 pm to
Monday 6 am
All day Public
Holidays $6.10 $1.80/km $49.00/hour
Tariff 3
When carrying 5 or
more passengers $6.10 $2.56/km $76.00/hour
Other amounts (maximums)
Call out fee $1.50 Surcharges Ultra-Peak — From midnight Friday to 5 am Saturday or
midnight Saturday to 5 am Sunday $2.65
Christmas Day —
Midnight to midnight $5.10
r. 50
Offence Modified Modified penalty for penalty for
individual body corporate
5. r. 10O(4) Non-compliance with $900 $3 000 safety standard in Part 3
Division 3 (other than
safety standard in
r. 10D, 10G, 10J or
10K) by responsibleperson 6. r. 10Q Contravention of safety $900 $3 000 standard in r. 10P 7. r. 10T(1) Contravention of safety $1800 $6 000 standard in r. 10R 8. r. 10T(2) Contravention of safety $900 standard in r. 10S 9. r. 10T(3) Non-compliance with $1 800 $6 000 safety standard in r. 10R by responsible person 10. r. 10T(4) Non-compliance with $900 $3 000 safety standard person
in r. 10S by responsibleperson 11. r. 22(2) Failure to notify CEO of $300 $1 000 person ceasing to be responsible officer 12. r. 22(4) Failure to nominate $300 $1 000 replacement responsible officer
r. 50
Offence Modified Modified penalty for penalty for
individual body corporate
20. r. 35F Failure to notify change $300 $1 000 in circumstances 21. r. 35K Offering or advertising $900 $3 000 regular passenger
transport service when
not authorised to
provide regular
passenger transportservice 22. r. 35L Failure to include name $900 $3 000 or authorisation number in advertising 23. r. 35M Failure to prepare and $1 200 $4 000 make accessible
complaints resolutionprocedure 24. r. 35N(1) Failure to keep records $1 200 $4 000 about complaints 25. r. 35V Failure to notify change $300 $1 000 in circumstances 26. r. 35ZA(1) Failure to ensure $1 800 $6 000 on-demand rank or hail
vehicle fitted withcamera surveillance unit
r. 50
Offence Modified Modified penalty for penalty for
individual body corporate
35. r. 35ZE(4) Failure to produce $900 $3 000 recording to authorised
officer so far as isreasonably practicable 36. r. 35ZF(1) Dealing with recording $1 500 $6 000 except as permitted 37. r. 35ZF(6) Failure to keep record of $1 000 $4 000 authorisation 38. r. 35ZG(1) Failure to ensure $900 $3 000 recording disposed of in
accordance withrequirements 39. r. 35ZG(2) Failure to ensure, so far $900 $3 000 as is reasonably
practicable, recording
disposed of in
accordance withrequirements 40. r. 35ZI(1) Failure to ensure that $900 $3 000 fare is not more than set
out in Schedule 2A:metropolitan region 41. r. 35ZI(4) Failure to select $900 appropriate tariff: metropolitan region
r. 50
Offence Modified Modified penalty for penalty for
individual body corporate
49. r. 35ZO(2) Failure to accept $900 passenger subsidy scheme voucher 50. r. 35ZO(3) Entering false or $1 800 misleading information
on passenger subsidyscheme voucher 51. r. 35ZO(4) Accepting voucher $1 800 knowing that it is false or misleading 52. r. 35ZO(5) Tendering voucher that $1 800 person not entitled to 53. r. 35ZO(6) Directing driver to
$900 $3 000 refuse voucher 54. r. 35ZQ(2) Failure to operate fare $900 calculation device 55. r. 35ZQ(3) Failure to pause fare $900 calculation device 56. r. 35ZS(2) Contravention of limit
$200 $800 on surcharge for non-cash payment 57. r. 35ZS(3) Failure to use payment $200 terminal that results in lowest surcharge
r. 50
Offence Modified Modified penalty for penalty for
individual body corporate
66. r. 35ZZB(1) Failure of driver to $1 200 inform on-demand
booking service
provider of certainmatters 67. r. 35ZZC(1) Failure of driver to $600 behave in orderly manner 68. r. 35ZZD(2) Refusal to carry $900 assistance animal in vehicle 69. r. 35ZZE(1) Refusal of passenger $300 except as permitted 70. r. 35ZZE(3) Termination of journey $300 before destination except as permitted 71. r. 35ZZF Touting or soliciting for
$1 800 $6 000 passengers other than in
authorised on-demandrank or hail vehicle 72. r. 35ZZG(1) Offence to operate
$1800 $6 000 unauthorised vehicle
with number plates
identifying it as
passenger transportvehicle
r. 50
Offence Modified Modified penalty for penalty for
individual body corporate
78. s. 122(1) Operating a vehicle $1 800 $9 000 without a vehicle authorisation 79. s. 122(2) Causing or permitting $1 800 $9 000 operation of vehicle
without a vehicleauthorisation 80. s. 123 Failure to comply with $1 800 $9 000 authorisation conditions 81. s. 211(1) Compliance with $500 $2 500 improvement notice 82. s. 211(2) Driving vehicle when $1 200 $6 000 prohibited under improvement notice 83. s. 213(3) Unlawful removal of $500 improvement notice sticker
Division 3 Amendments commencing on 31 December 2019 r. 52
(b)
a trading name or business name used by the provider of the associated booking service;
(c) any of the following (as published on the list
under section 41 of the Act) —
(i) of the on-demand booking service
identified in the association arrangementthe authorisation number of the provider principal booking service);
(ii) the name of the provider of the principal booking service;
(iii) a trading name or business name used by the provider of the principal booking service.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $30 000.
52. Schedule 3 amended
In Schedule 3 after item 59 insert:
60. r. 35ZX(1) Failure to include $900 $3 000 information in receipt 61. r. 35ZX(2) Failure of provider of $900 $3 000 associated booking
service to includeinformation in receipt
Division 4 Amendments commencing on 2 July 2020 r. 54 54. Schedule 3 amended
In Schedule 3 after item 29 insert:
30. r. 35ZC(1) Failure to provide and $900 $3 000 operate recording system for camera surveillance unit 31. r. 35ZC(2) Failure to ensure, so far $900 $3 000 as is reasonably practicable, that recording system for camera surveillance unit provided and operated
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