Transport (Road Passenger Services) Regulations 2019 (WA)
Western Australia
Transport (Road Passenger Services) Act 2018
These regulations were repealed by the
Western Australia
Transport (Road Passenger Services) Act 2018
These regulations are the
These regulations come into operation as follows —
(a) Part 4 Division 7 and Part 7 Division 2 — on the day on which the
Transport (Road Passenger Services) Act 2018 Part 9 Division 2 comes into operation;(b) the rest of the regulations — on the day on which the
Transport (Road Passenger Services) Act 2018 section 265 comes into operation.
In these regulations —
(a) the
Taxi Regulations 1995 regulation 15 as in force immediately before the coming into operation of section 303 of the Act; or(b) the
Transport (Country Taxi‑car) Regulations 1982 regulation 27A as in force immediately before the coming into operation of section 342 of the Act;
(a) any education and care service as defined in the
Education and Care Services National Law (Western Australia) section 5(1); or(b) any child care service as defined in the
Child Care Services Act 2007 section 4;
(a) for a person who holds a driver’s licence — the number of that driver’s licence; or
(b) for a person who holds a driving authorisation referred to in paragraph (b) of the definition of
driving authorisation in section 4(1) of the Act — the number of that driving authorisation;
(a) any surcharge or fee of a kind set out in Schedule 2A for the service; and
(b) any amount charged under regulation 35ZI(2) in relation to the fare;
(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;
(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;
(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;
(iv) section 59A;
(v) section 59BA;
(vi) section 60;
(vii) section 60A;
(viii) section 61;
(ix) section 63;
(x) section 64;
(xi) section 64AA;
(xii) section 64A;
(xiii) section 64AAA;
(xiv) section 64AB;
(xv) section 64AC;
(xvi) section 67;
(xvii) section 67AA;
(xviii) section 67AB;
(xix) section 67A;
(b) an offence against any of the following provisions of
The Criminal Code —(i) section 279;
(ii) section 280;
(iii) section 294;
(iv) section 297;
(v) section 301;
(vi) section 304;
(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;
(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;
For the purposes of the definition of
(a) be an agreement between a provider of an authorised on‑demand booking service and another provider of an on‑demand booking service; and
(b) be in the form of a written agreement between the 2 providers; and
(c) state the names of the providers who are the parties to the arrangement; and
(d) state which provider is the provider of the principal booking service and which provider is the provider of the associated booking service under the arrangement; and
(e) describe the on‑demand booking services provided by the provider of the associated booking service to which the arrangement applies; and
(f) include an acknowledgment that the provider of the principal booking service is —
(i) responsible for the functions prescribed under regulation 12 in relation to on‑demand booking services provided by the provider of the associated booking service in accordance with the association arrangement; and
(ii) liable to pay levy payable under Part 9 Division 2 of the Act in respect of a booking taken by the provider of the associated booking service.
4A. Interstate vehicle authorisation (s. 4(1))
For the purposes of paragraph (b) of the definition of
(a) the authorisation must be valid and in force;
(b) the authorisation must not be subject to suspension.
For the purposes of section 5(3)(c) of the Act, a service is not an on‑demand passenger transport service if it is a service by which a person can hire a driver to —
(a) attend at a time and place determined by the hirer; and
(b) drive passengers in the hirer’s vehicle to another location determined by the hirer.
For the purposes of section 10(3) of the Act, the following are not on‑demand booking services —
(a) a service provided in the course of carrying on business as a travel agent that is incidental to, and not the main part of, that business;
(aa) a service that solely —
(i) takes or facilitates bookings for passenger transport vehicles used in providing school bus services; and
(ii) communicates the bookings to drivers of passenger transport vehicles used in providing a school bus service or providers of school bus services;
(b) a communication or technology service that facilitates or enables the taking or communication of bookings if that service is provided for or in connection with an authorised on‑demand booking service;
(c) administrative services, or the provision of safety management systems or regulatory compliance services, for or in connection with an authorised on‑demand booking service.
(1) For the purposes of section 11(1)(a)(i) of the Act, the prescribed amount in relation to a journey to transport passengers is the amount calculated using the relevant rate per kilometre set out in the
Road Traffic (Authorisation to Drive) Regulations 2014 Schedule 3.(2) For the purposes of section 11(1)(b) of the Act, a person will be considered to be providing a service for the transport of passengers by vehicle for hire or reward if —
(a) the person provides a service for the transport of passengers by vehicle; and
(b) any of the following applies —
(i) the vehicle is being driven to pick up passengers for the purpose of transporting the passengers for hire or reward;
(ii) the person has indicated to the provider of an on‑demand booking service, by logging into a dispatch or booking system or by other means, that the vehicle is available for the purpose of transporting passengers for hire or reward;
(iii) the person is taking bookings on the basis that the vehicle is available for the purpose of transporting passengers for hire or reward.
(3) For the purposes of section 11(1)(b) of the Act, a person will be considered to be driving a vehicle for the purpose of transporting passengers for hire or reward if —
(a) the person is driving the vehicle to pick up passengers for the purpose of transporting the passengers for hire or reward; or
(b) the person driving the vehicle has indicated to the provider of an on‑demand booking service, by logging into a dispatch or booking system or by other means, that the vehicle is available for the purpose of transporting passengers for hire or reward; or
(c) the person driving the vehicle is taking bookings on the basis that the vehicle is available for the purpose of transporting passengers for hire or reward.
(4) For the purposes of section 11(4)(b) of the Act, a person will not be considered to be providing a service for the transport of passengers by vehicle for hire or reward, or to be driving a vehicle for the purpose of transporting passengers for hire or reward, if the person is driving the vehicle —
(a) in the course of providing or operating a child care service; or
(b) in the course of their employment in a child care service.
Part 3 – Safety standards
For the purposes of section 14(2) of the Act, the provisions of Divisions 2 to 5 are specified as safety standards.
(1) In this regulation —
(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.
(2) For the purposes of section 14(2) of the Act, a safety standard specified in a provision of Divisions 2 to 5 is specified in relation to a relevant provider or driver if —
(a) the standard expressly imposes an obligation on the relevant provider or driver; or
(b) it is expressly specified that the standard is a safety standard for the relevant provider or driver.
(3) For the purposes of these regulations, a relevant provider or driver is a responsible person in relation to a safety standard specified in a provision of Divisions 2 to 5 if it is expressly specified that the relevant provider or driver is a responsible person in relation to that safety standard.
(4) A statement in a regulation that a safety standard is specified for a relevant provider or driver is taken to apply to all the provisions of the regulation for that purpose unless the regulation otherwise provides.
(5) A statement in a regulation that a relevant provider or driver is a responsible person in relation to a safety standard is taken to apply to all the provisions of the regulation for that purpose unless the regulation otherwise provides.
The safety standards in this Division apply to the provider of any of the following (a
(a) an on‑demand booking service;
(b) a regular passenger transport service;
(c) a tourism passenger transport service;
(d) a school bus service.
(1) The provider of a specified service must prepare and maintain a safety management system in accordance with this regulation.
(2) The safety management system must —
(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
(b) include procedures to eliminate or minimise those risks so far as is reasonably practicable; and
(c) be in writing and readily accessible to persons using the system.
(3) The provider of a specified service must ensure that the provider’s safety management system is —
(a) reviewed as soon as practicable after the provider identifies any new hazard referred to in subregulation (2)(a); and
(b) kept up‑to‑date.
A provider of a specified service who contravenes the safety standard specified in regulation 9 commits an offence.
Penalty:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(1) A vehicle used to provide a passenger transport service must at all times be the subject of a vehicle licence, or interstate vehicle licence, that is in force.
(2) A vehicle used to provide a passenger transport service must —
(a) for a vehicle in respect of which a vehicle licence is in force — meet any requirements that apply to the vehicle under the
Road Traffic (Vehicles) Act 2012 ; or(b) for a vehicle in respect of which an interstate vehicle licence is in force — meet any requirements that apply to the vehicle under the law under which that interstate vehicle licence was issued.
(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.
(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.
(1) A wheelchair accessible vehicle used to provide an on‑demand passenger transport service must comply with —
(a) the following standards —
(i) AS/NZS 3856.1:1998, Hoists and ramps for people with disabilities — Vehicle mounted, Part 1: Product requirements;
(ii) AS/NZS 3856.2:1998, Hoists and ramps for people with disabilities — Vehicle mounted, Part 2: Installation requirements;
(iii) AS/NZS 10542.1:2015, Technical systems and aids for people with disability — Wheelchair tiedown and occupant‑restraint systems, Part 1: Requirements and test methods for all systems;
and
(b) the provisions of Part 9 of the Disability Standards as they apply to taxis.
(2) Despite subregulation (1), a vehicle that was modified, upgraded or constructed before the coming into operation of Part 6 of the Act to be a wheelchair accessible vehicle and that is used to provide a passenger transport service must comply with the equivalent standards applying to that modification, upgrade or construction that were in force at the time of the modification, upgrade or construction.
(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.
(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.
(1) A motor cycle used to provide a passenger transport service must comply with the Australian Design Rules that apply to whichever of the following categories of vehicle in those Rules is appropriate to the motor cycle —
(a) motor cycles (LC vehicles);
(b) motor cycles and side cars (LD vehicles);
(c) motor tricycles (LE vehicles).
(2) A motor cycle used to provide a passenger transport service must be fitted with wheel guards (including mud guards) that meet the requirements in Rule 42/04 — General Safety Requirements in the Australian Design Rules.
(3) A motor cycle that is an LC vehicle as defined in the Australian Design Rules that is used to provide a passenger transport service must not have —
(a) a two‑stroke engine; or
(b) an engine capacity of less than 500 cc.
(4) A motor cycle used to provide a passenger transport service on any part of an unsealed road must be an LD vehicle or an LE vehicle as defined in the Australian Design Rules.
(5) This safety standard is specified for the provider of the motor cycle for use in providing the passenger transport service.
(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.
(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.
(1) An on‑demand rank or hail vehicle must —
(a) be marked as an on‑demand rank or hail vehicle (which may include being marked as a taxi); and
(b) display prominent livery; and
(c) be fitted with a roof light and roof sign that are clearly visible in daylight.
(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 provider of the vehicle for use in providing a passenger transport service.
(3) The driver of the vehicle is a responsible person in relation to this safety standard.
(1) The roof light of an on‑demand rank or hail vehicle —
(a) must be lit when the vehicle is available to take passengers; and
(b) must not be lit when the vehicle is unavailable to take passengers.
(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.
(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 hail passenger 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.
(1) An on‑demand charter vehicle that is being used to provide an on‑demand passenger transport service must not have signs or lights or be painted or marked in a manner that —
(a) might indicate to a reasonable person that the vehicle is an on‑demand rank or hail vehicle; or
(b) could result in the vehicle resembling an on‑demand rank or hail vehicle; or
(c) could give rise to the inference that the vehicle is an on‑demand rank or hail vehicle.
(2) An on‑demand charter vehicle that is being used to provide an on‑demand passenger transport service must not use or display the word “taxi”, or words with similar meaning, in a manner that —
(a) might indicate to a reasonable person that the vehicle is an on‑demand rank or hail vehicle; or
(b) could give rise to the inference that the vehicle is an on‑demand rank or hail vehicle.
(3) 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.
(4) 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.
(1) An on‑demand charter vehicle that is being used to provide an on‑demand passenger transport service must display —
(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 logo is —
(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.
(1) The driver of an on‑demand rank or hail vehicle must have a driver identity document in the approved form containing the following —
(a) a photograph of the driver;
(b) the first name of the driver;
(c) the identification number that is —
(i) on the driver’s approved identification card; or
(ii) issued to the driver under subregulation (3).
(2) If the driver has an approved identification card, that identification card is taken to be the driver identification document for the purpose of subregulation (1).
(3) The CEO must issue a driver identification number to each person whose driver’s licence is endorsed with extension T under the
Road Traffic (Authorisation to Drive) Regulations 2014 regulation 12(3)(a) on or after the day on which theTransport Regulations Amendment (Road Passenger Services) Regulations (No. 2) 2019 Part 5 Division 2 comes into operation.(4) 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 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.
(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.
(1) In this regulation —
(a) a photograph of the driver; and
(b) the first name of the driver.
(2) The required information in relation to the driver of an on‑demand charter vehicle must be —
(a) made available in an approved form at the time of booking for viewing by the person who books the vehicle for use in providing a passenger transport service; or
(b) displayed in an approved form in the vehicle or on the driver’s person.
(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 a passenger transport service;
(b) the provider of an on‑demand passenger transport service that is provided using the vehicle;
(c) the driver of the vehicle.
(1) A person who contravenes a safety standard specified for that person in regulation 10D, 10G, 10J or 10K commits an offence.
Penalty for this subregulation:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(2) A person who contravenes any other safety standard specified for that person in this Division commits an offence.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
(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.
(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.
(2) The information provided must be —
(a) sufficient to enable a proposed passenger to identify the vehicle and the driver; and
(b) provided a reasonable time before the journey.
(3) This regulation does not apply if the vehicle is engaged to provide a passenger transport service on a rank or hail basis.
A provider of an on‑demand booking service who contravenes the safety standard specified in regulation 10P commits an offence.
Penalty:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
(1) A driver of a wheelchair accessible vehicle that is being used to provide a passenger transport service must be able to demonstrate a level of competence in the safe loading, restraint and unloading of a person in a wheelchair at the standard specified in subregulation (2).
(2) The standard of competence is equivalent to that required to complete the following elements of unit of competency TLIC2040 —
(a) Element 3 (Assist passengers into and out of a taxi in a manner suited to their disability); and
(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.
(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.
(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 a vehicle driven by the passenger transport driver in providing a passenger transport service;
(b) the provider of a passenger transport service provided using a vehicle driven by the passenger transport driver.
(1) A person who contravenes a safety standard specified for that person in regulation 10R commits an offence.
Penalty for this subregulation:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(2) A person who contravenes a safety standard specified for that person in regulation 10S commits an offence.
Penalty for this subregulation: a fine of $9 000.
(3) A person who is specified in regulation 10R as a responsible person in relation to the safety standard in that regulation 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 regulation 10S as a responsible person in relation to the safety standard in that regulation 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.
In this Part —
(1) For the purposes of section 27(3) of the Act, the provider of an authorised on‑demand booking service (the
principal booking service ) who has entered into an association arrangement is responsible for the functions set out in subregulation (2) in relation to on‑demand booking services provided by the provider of the associated booking service in accordance with the association arrangement, as if —(a) an on‑demand booking service provided by the provider of the associated booking service were provided by the provider of the principal booking service; and
(b) a booking taken or facilitated by the provider of the associated booking service were taken or facilitated by the provider of the principal booking service.
(2) For the purposes of subregulation (1), the functions are the following —
(a) preparing, maintaining, reviewing and keeping up‑to‑date a safety management system in accordance with regulation 9;
(b) keeping and retaining records relating to drivers, vehicles, bookings and booking requests in accordance with regulations 28 and 29;
(c) ensuring that a complaints resolution procedure is prepared and made accessible in accordance with regulation 32;
(d) keeping and retaining records of customer complaints in accordance with regulation 33.
Notes for this regulation:
1. The provider of the principal booking service under an association arrangement is also liable to pay any levy payable under Part 9 Division 2 of the Act in relation to bookings taken by the provider of the associated booking service (see section 244(3) of the Act).
2. For the purposes of regulation 16, an on‑demand booking service provided by the provider of an associated booking service under an association arrangement is considered to be provided under the on‑demand booking service authorisation of the provider of the principal booking service.
For the purposes of section 29(4)(e) of the Act, an application for an on‑demand booking service authorisation must include the following information —
(a) the maximum number of vehicles the applicant wants to be covered by the authorisation;
(b) whether the applicant, a person nominated under section 29(4)(c) of the Act in the application or a close associate of the applicant has previously held an on‑demand booking service authorisation, or an equivalent authorisation in another State or a Territory, that has been cancelled;
(c) whether the applicant, a person nominated under section 29(4)(c) of the Act in the application or a close associate of the applicant has previously made an application for an on‑demand booking service authorisation, or an equivalent authorisation in another State or a Territory, that was refused.
For the purposes of section 29(4)(e) of the Act, an application for an on‑demand booking service authorisation must include —
(a) in relation to each person nominated in the application under section 29(4)(c) of the Act, a criminal record check for the person that is dated no earlier than 3 months before the day on which the application is made; and
(b) any other documents required by the approved form.
The declaration required under section 29(4)(d) of the Act must be made by —
(a) if the applicant is an individual or the trustee of a trust — the applicant; or
(b) if the applicant is a partnership — a partner of the partnership; or
(c) if the applicant is a company — a director of the body corporate; or
(d) if the applicant is an incorporated association — a member of the management committee of the association.
(1) An authorisation document issued to the provider of an authorised on‑demand booking service must identify the maximum number of vehicles covered by the authorisation.
(2) It is a condition of an on‑demand booking service authorisation that the provider of the authorised on‑demand booking service must ensure that, at any time, the total number of vehicles in relation to which an on‑demand booking service is provided under the authorisation does not exceed the maximum number identified on the authorisation document.
(3) For the purposes of subregulation (2), an on‑demand booking service is provided under an on‑demand booking service authorisation if —
(a) the service is provided by the provider of the authorised on‑demand booking service; or
(b) the provider of the authorised on‑demand booking service has entered into an association arrangement and the service is provided by the provider of the associated booking service in accordance with the association arrangement.
17. Duration of on‑demand booking service authorisation (s. 39(1)) (1) An authorisation document issued to the provider of an on‑demand booking service must specify the day on which the authorisation comes into force.
(2) For the purposes of section 39(1) of the Act, an on‑demand booking service authorisation granted under section 31 of the Act or regulation 18 —
(a) is granted for the period of 12 months beginning on the day on which the authorisation comes into force; and
(b) expires at the end of the last day of that period.
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
current authorisation ) 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
(b) any other documents required by the approved form.
(4) If the provider makes an application and payment under subregulation (1) within the time required under subregulation (2) and in accordance with subregulation (3) —
(a) the CEO must grant a further on‑demand booking service authorisation to the provider; and
(b) the authorisation document issued under section 37 of the Act for the further authorisation must specify —
(i) the same authorisation number as the current authorisation; and
(ii) the day on which the authorisation comes into force, which must be the day after the day on which the current authorisation expires.
(5) Despite subregulation (4), the CEO —
(a) may refuse to grant a further on‑demand booking service authorisation to the provider if —
(i) the current authorisation is suspended; or
(ii) any of the grounds for making an order suspending or cancelling the current authorisation under section 42(1) or 43(1) or (4) of the Act apply;
and
(b) must refuse to grant a further on‑demand booking service authorisation if section 43(2) 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.
(1) The provider of an authorised on‑demand booking service may, by written notice to the CEO, surrender the on‑demand booking service authorisation.
(2) If a provider surrenders an on‑demand booking service authorisation, the CEO must cancel the authorisation by written notice to the provider stating the day on which the cancellation takes effect.
(3) A provider who surrenders an on‑demand booking service authorisation is not entitled to any refund of the authorisation fee or any part of it.
For the purposes of section 30(f) of the Act, a person nominated under section 29(4)(c) of the Act or regulation 22 must be ordinarily resident in Australia.
It is a condition of an on‑demand booking service authorisation that the provider must take all reasonable steps to ensure that at all times there is at least 1 responsible officer of the provider of the authorised on‑demand booking service who is a resident of the State.
(1) The provider of an authorised on‑demand booking service may at any time, by written notice to the CEO, nominate 1 or more additional persons to represent the provider in providing the service.
(2) If a person ceases to be a responsible officer of the provider of an authorised on‑demand booking service, the provider must as soon as practicable give written notice to the CEO stating that the person has ceased to be a responsible officer.
Penalty for this subregulation:
(a) for an individual, a fine of $3 000;
(b) for a body corporate, a fine of $10 000.
(3) Subregulation (4) applies if the provider of an on‑demand booking service ceases, or becomes aware that the provider will cease, to have either of the following —
(a) at least 1 responsible officer who is a resident of the State;
(b) if the provider is a body corporate — at least 1 responsible officer who is a director or manager of the body corporate.
(4) The provider must as soon as practicable give written notice to the CEO nominating 1 or more replacement persons to represent the provider of the on‑demand booking service in providing the service, so that the provider has a responsible officer or officers meeting the criteria in subregulation (3)(a) and (b).
Penalty for this subregulation:
(a) for an individual, a fine of $3 000;
(b) for a body corporate, a fine of $10 000.
(5) When a nomination under subregulation (1) or (4) is made, the provider must —
(a) pay the nomination fee prescribed under regulation 69(1); and
(b) give the CEO a criminal record check for each nominated person that is dated no earlier than 3 months before the day on which the nomination is made.
Note for this regulation:
Under section 30 of the Act, a person must meet the criteria in that section in order to be nominated under this regulation to represent the provider of an on‑demand booking service in providing that service.
(1) The CEO may accept the nomination of a person by the provider of an authorised on‑demand booking service under regulation 22(1) or (4) if the CEO is satisfied that the person is a responsible officer of the provider.
(2) The CEO may refuse to accept the nomination of a person by the provider of an authorised on‑demand booking service under regulation 22(1) or (4) if —
(a) the person has previously held an on‑demand booking service authorisation, or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or
(b) the person has been charged with a disqualification offence.
(3) The CEO must refuse to accept the nomination of a person by the provider of an authorised on‑demand booking service under regulation 22(1) or (4) if —
(a) the person —
(i) has been convicted of a disqualification offence; and
(ii) the conviction has not been quashed or set aside; and
(iii) the disqualification period prescribed under regulation 24 in relation to the disqualification offence has not passed since the conviction;
or
(b) for a nomination under regulation 22(4) — the nomination will not result in the provider having a responsible officer or officers meeting the criteria in regulation 22(3)(a) and (b).
(4) The CEO must give written notice of the acceptance of or refusal to accept a nomination under regulation 22(1) or (4) to the provider of the authorised on‑demand booking service.
The disqualification offences and disqualification periods set out in Schedule 2 are prescribed for the purposes of Part 3 of the Act.
(1) This regulation applies if —
(a) an on‑demand booking service authorisation has been cancelled under section 43(2), (3) or (4) of the Act because the provider of the authorised on‑demand booking service, or a responsible officer or close associate of the provider, has been convicted of a disqualification offence; and
(b) the conviction is quashed or set aside on or before the day on which the authorisation would have expired.
(2) On application by the provider, the CEO must, by written notice to the provider, reinstate the authorisation and issue a further authorisation document to the provider specifying the same authorisation number as the cancelled authorisation.
(3) A reinstated authorisation remains in force until it is cancelled or until it expires under regulation 17(2)(b) at the end of the period of 12 months after it originally came into force (whichever occurs first).
If the provider of an authorised on‑demand booking service, or a responsible officer or close associate of the provider, is charged with or convicted of a disqualification offence, the provider must give written notice of the charge or conviction to the CEO as soon as practicable after becoming aware of the charge or conviction.
Penalty:
(a) for an individual, a fine of $3 000;
(b) for a body corporate, a fine of $10 000.
The 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 the CEO —
(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
(c) under this regulation.
Penalty:
(a) for an individual, a fine of $3 000;
(b) for a body corporate, a fine of $10 000.
It is a condition of an on‑demand booking service authorisation that the provider of the authorised on‑demand booking service must comply with the requirements imposed by regulations 28 and 29.
(1) The provider of an authorised on‑demand booking service must keep records of the following information —
(a) the name and driver’s licence number of each person who drives a vehicle for use in providing an on‑demand passenger transport service in relation to which the provider provides an on‑demand booking service;
(b) the vehicle licence number or interstate vehicle licence number of each vehicle used in the provision of an on‑demand passenger transport service in relation to which the provider provides an on‑demand booking service;
(c) the name and contact details of each provider of an on‑demand booking service with whom the provider of the authorised on‑demand booking service has an association arrangement.
(2) The records referred to subregulation (1) must be kept in the manner and form approved by the CEO.
(3) A record referred to in subregulation (1)(a) must be retained for at least 2 years after the person ceases to drive a vehicle as referred to in that subregulation.
(4) A record referred to in subregulation (1)(b) must be retained for at least 2 years after the vehicle ceases to be used as referred to in that subregulation.
(5) A record referred to in subregulation (1)(c) must be retained for at least 2 years after the association arrangement ceases to have effect.
(1) In this regulation —
(2) Subject to subregulation (2A), the provider of an authorised on‑demand booking service must keep records of the following information in relation to each relevant booking —
(a) the day and time at which the booking was taken or facilitated;
(b) the day of the associated journey and the times it began and ended;
(c) the locations where the associated journey began and ended;
(d) the name and driver’s licence number of the driver of the vehicle;
(e) the vehicle licence number or interstate vehicle licence number of the vehicle;
(f) any contact details provided by the person who made the booking or to whose account the booking was charged;
(g) the number of passengers carried who were seated in a wheelchair (if any);
(h) whether the vehicle was an electric vehicle;
(i) the amount payable for the on‑demand passenger transport service and the components of that amount.
(2A) If the provider of an authorised on‑demand booking service (the
first provider ) refers a relevant booking to the provider of another authorised on‑demand booking service (thesecond provider ) —(a) the first provider must keep records of the following information but is not required to keep the records required by subregulation (2) in relation to the booking —
(i) the day and time of the referral of the booking;
(ii) the name of the second provider;
(iii) any contact details provided by the person who made the booking or to whose account the booking was charged;
and
(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) The provider of an authorised on‑demand booking service must keep records of the following information in relation to each request for a wheelchair accessible vehicle booking that does not result in a booking being taken or facilitated —
(a) any contact details provided by the person making the request or through whose account the request is made;
(b) the day and time of the request;
(c) the on‑demand passenger transport service for which a booking is requested.
(4) The records referred to in subregulations (2), (2A) and (3) must be kept in the manner and form approved by the CEO.
(5) A record referred to in subregulation (2) or (2A) must be retained for at least 2 years after the day on which the relevant booking is taken or facilitated.
(6) A record referred to in subregulation (3) must be retained for at least 2 years after the day on which the booking request is made.
The provider of an on‑demand booking service must not offer to provide, advertise, or authorise or permit the publication of an advertisement for, an on‑demand booking service or an on‑demand passenger transport service unless the provider —
(a) is the holder of an on‑demand booking service authorisation that is in force; or
(b) is the provider of an associated booking service in relation to another on‑demand booking service the provider of which holds an on‑demand booking 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.
(1) The provider of an authorised on‑demand booking service must not advertise, or authorise or permit the publication of an advertisement for, the on‑demand booking service or an on‑demand passenger transport service unless the advertisement includes at least one of the following (as published on the list under section 41 of the Act) —
(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 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 an on‑demand booking service that is an associated booking service in relation to an authorised on‑demand booking service (the
principal booking service ) must not advertise, or authorise or permit the publication of an advertisement for, the associated booking service or an on‑demand passenger transport service unless the advertisement includes —(a) a statement that the provider of the associated booking service has an association arrangement with the provider of the principal booking service; and
(b) at least one of the following (as published on the list under section 41 of the Act) —
(i) the authorisation number of the provider of the 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.
The provider of an authorised on‑demand booking 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 an on‑demand booking service provided by the provider or an on‑demand passenger transport service in relation to which the provider provides an on‑demand booking service; and
(ii) complaints to be investigated and resolved within a period that is reasonable in the circumstances;
and
(b) the procedure is readily accessible by —
(i) customers; and
(ii) drivers of on‑demand vehicles used or to be used in providing on‑demand passenger transport services in relation to which the provider provides an on‑demand booking service.
Penalty:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(1) The provider of an authorised on‑demand booking service must keep records in accordance with this regulation of —
(a) each complaint made by a customer in relation to an on‑demand booking service provided by the provider or an on‑demand passenger transport service in relation to which the provider provides an on‑demand booking service; and
(b) the resolution of those complaints.
Penalty for this subregulation:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(2) The records referred to subregulation (1) must be kept in the manner and form approved by the CEO.
(3) A record referred to in subregulation (1) must be retained for at least 2 years after the complaint is made.
The list of all providers of authorised on‑demand booking services published under section 41 of the Act must include the following information about each provider —
(a) the name of the provider;
(b) any trading name or business name used by the provider in connection with the provision of the on‑demand booking service;
(c) the authorisation number for the on‑demand booking service authorisation.
(1) A person (the
contracted provider ) who has entered into a contract with the provider of an authorised regular passenger transport service (theprincipal provider ) to provide a regular passenger transport service on behalf of the principal provider is exempt from carrying out the functions set out in subregulation (2) in relation to the regular passenger transport service provided by the contracted provider in accordance with the contract.(2) The functions are the following —
(a) complying with the safety duties specified in Part 2 of the Act;
(b) keeping and retaining records in accordance with regulation 35J;
(c) ensuring that a complaints resolution procedure is prepared and made accessible in accordance with regulation 35M;
(d) keeping and retaining records of customer complaints in accordance with regulation 35N.
(3) This regulation does not affect the obligation of the principal provider to carry out the functions set out in subregulation (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 passenger transport 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.
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.
(1) An authorisation document issued to the provider of a regular passenger transport service must specify the day on which the authorisation comes into force.
(2) For the purposes of section 74(1) of the Act, a regular passenger transport service authorisation granted under section 63 of the Act or regulation 35E —
(a) is granted for the period of 5 years beginning on the day on which the authorisation comes into force; and
(b) expires at the end of the last day of that period.
(1) The provider of an authorised regular passenger transport service may apply for the renewal of the regular passenger transport authorisation (the
current authorisation ) by —(a) applying to the CEO in the approved form; and
(b) paying the application fee prescribed under regulation 69(1).
(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 regular passenger transport service authorisation must include the documents required by the approved form.
(4) If the provider makes an application and payment under subregulation (1) within the time required under 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 the Act 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 the provider 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 Act, the Minister considers that a further 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 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 a regular passenger transport service authorisation by the provider must be made in accordance with section 59 of the Act.
The provider of an authorised regular passenger transport 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 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.
It is a condition of a regular passenger transport service authorisation that the provider of the authorised regular passenger transport service must comply with the requirements imposed by regulations 35H, 35I and 35J.
(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 of attracting 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.
(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.
(1) The provider of an authorised regular passenger transport service must keep records of the following information for each journey that is made as part of the regular passenger transport service —
(a) the day of the journey and the times it began and ended;
(b) the vehicle licence number or interstate vehicle licence number of the vehicle used in the journey;
(c) the name and driver’s licence number of the driver of the vehicle used for the journey;
(d) the scheduled locations for the journey for picking up and setting down passengers;
(e) the fare structure for the scheduled service applicable to the journey.
(2) The records referred to subregulation (1) must be kept in the manner and form approved by the CEO.
(3) A record referred to in subregulation (1) must be retained for at least 2 years after the journey is completed.
The provider of a regular passenger transport service must not offer to provide, advertise, or authorise or permit the publication of an advertisement for, the regular passenger transport service unless the provider 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.
The 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 the advertisement 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.
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
(ii) complaints to be investigated and resolved within a period that is reasonable in the circumstances;
and
(b) the procedure is readily accessible by —
(i) customers; and
(ii) drivers of vehicles used or to be used in providing the regular passenger transport service.
Penalty:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(1) The provider of an authorised regular passenger transport service must keep records in accordance with this regulation of —
(a) each complaint made by a customer in relation to the regular passenger transport service; and
(b) the resolution of those complaints.
Penalty for this subregulation:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(2) The records referred to subregulation (1) must be kept in the manner and form approved by the CEO.
(3) A record referred to in subregulation (1) must be retained for at least 2 years after the complaint is made.
(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.
(1) A person who drives a vehicle for use in providing a passenger transport service is exempt from section 121(1) of the Act if —
(a) section 121(2)(a) and (c) of the Act apply in relation to the driving; and
(b) in driving the vehicle for use in providing a passenger transport service, the person complies with —
(i) any conditions of the relevant interstate vehicle authorisation that can be complied with in the State; and
(ii) regulation 35O(1).
(2) A person who operates a vehicle (as defined in section 120 of the Act) for use in providing a passenger transport service, or causes or permits a vehicle to be so operated, is exempt from section 122(1) or (2) of the Act, as the case requires, if —
(a) section 122(3)(a) and (c) of the Act apply in relation to the operation of the vehicle; and
(b) the vehicle is operated in accordance with any conditions of the relevant interstate vehicle authorisation that can be complied with in the State; and
(c) any person driving the vehicle for use in providing a passenger transport service complies with regulation 35O(1).
(1) For the purposes of sections 121(3)(c) and 122(4)(c) of the Act, the period prescribed for use of a replacement vehicle is 1 month.
(2) For the purposes of sections 121(3)(c) and 122(4)(c) of the Act —
(a) a replacement vehicle must comply with the requirements of regulation 35R(1)(a) and (c) and (2); and
(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.
(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 under the
Road Traffic (Vehicles) Act 2012 ; and(ii) a certificate of inspection must have been issued under
Road Traffic (Vehicles) Act 2012 that the vehicle meets the prescribed standards and requirements under that Act for the 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 hail passenger transport service must meet the following additional requirements —
(a) the vehicle must meet the requirements of regulation 10G;
(b) the vehicle must be fitted with a camera surveillance unit that meets the requirements of regulation 35ZA;
(c) the vehicle must be fitted with a fare calculation device that complies with regulation 35ZZ;
(d) the vehicle must have attached the required number plates issued or taken to be issued for the vehicle under the
Road Traffic (Vehicles) Regulations 2014 regulation 111(2);(e) the characters on the number plates referred to in paragraph (d) must be displayed on the vehicle in raised form on the passenger doors just forward of the handle.
(1) An authorisation document issued to the holder of a passenger transport vehicle authorisation must specify the day on which the authorisation comes into force.
(2) For the purposes of section 137(1) of the Act, a passenger transport vehicle authorisation granted under section 127 of the Act or regulation 35T —
(a) is granted for the period specified in the authorisation beginning on the day on which the authorisation comes into force; and
(b) expires at the end of the last day of that period.
(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.
(1) The holder of a passenger transport vehicle authorisation (the
current authorisation ) granted for 3 months or more may apply for the renewal of the authorisation 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 with subregulation (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
(ii) the day on which the authorisation comes into force, which must be the day after the day on which the current authorisation expires.
(5) Despite subregulation (4), the CEO may refuse to grant a further passenger transport vehicle authorisation to the holder 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 139(1) of the Act apply.
(6) If the holder 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 a passenger transport vehicle authorisation for the vehicle must be made in accordance with section 124 of the Act.
(1) For the purposes of section 149(3) of the Act, the prescribed period is —
(a) if the authorisation holder is the owner of the vehicle — the period ending on the day of issue of the notice; and
(b) if the authorisation holder is not the owner of the vehicle — the period ending on the day following the day of issue of the notice.
(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.
The 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 information that 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.
In this Division —
(a) an incident involving a vehicle being used to provide a passenger transport service that must be reported to the police under the
Road Traffic Act 1974 section 56;(b) an accident or incident involving a vehicle being used to provide a passenger transport service that results in —
(i) an injury that is treated by an ambulance officer; or
(ii) an injured person being treated at a hospital;
(c) a collision involving a vehicle being used to provide a passenger transport service that results in damage to the vehicle that is sufficient to prevent the completion of the journey in that vehicle;
(d) a mechanical or other fault in a vehicle being used to provide a passenger transport service that renders the vehicle unsuitable to be used to provide a passenger transport service without substantial or significant mechanical repairs or services;
(e) an incident involving a driver or a passenger of a vehicle being used to provide a passenger transport service that results in a complaint to the police involving allegations of —
(i) sexual assault; or
(ii) indecent exposure; or
(iii) assault; or
(iv) physical threats or other intimidation;
(f) an incident involving the conduct of a driver while driving a vehicle being used to provide a passenger transport service that results in the driver being charged with a serious offence;
(g) an incident involving —
(i) the misplacement of a visual, audiovisual or audio recording from a camera surveillance unit installed in a passenger transport vehicle; or
(ii) the use in contravention of regulation 35ZD of a visual, audiovisual or audio recording from a camera surveillance unit fitted in a passenger transport vehicle; or
(iii) the viewing, downloading, copying, playing, editing or erasing of a visual, audiovisual or audio recording in contravention of regulation 35ZF.
(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.
(3) The driver of a passenger transport vehicle must report to the CEO, in accordance with this regulation, any notifiable occurrence that occurs in relation to the transport of passengers by the driver when using that vehicle.
Penalty for this subregulation: a fine of $9 000.
(4) A report under this regulation must be made —
(a) as soon as practicable after the provider or driver becomes aware of the notifiable occurrence; and
(b) in the manner and form approved by the CEO.
(1) The provider of an on‑demand booking service for the use of a vehicle in providing an on‑demand passenger transport service must report to the CEO, in accordance with this regulation, if it is alleged that a driver of the vehicle has engaged in conduct (whether by act or omission) that a reasonable person would consider would affect the driver’s suitability to drive an on‑demand vehicle.
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 report must be made —
(a) within 48 hours after the provider becomes aware of the alleged conduct; and
(b) in the manner and form approved by the CEO.
In this Division —
(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;
(1) The following persons must ensure that an on‑demand rank or hail vehicle is fitted with a camera surveillance unit that complies with subregulation (3) —
(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.
(2) The following persons must ensure, so far as is reasonably practicable, that an on‑demand rank or hail vehicle is fitted with a camera surveillance unit that complies with subregulation (3) —
(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.
(3) A camera surveillance unit must —
(a) meet the requirements of the Camera Surveillance Unit Standards; and
(b) be in working order.
(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 whichever of 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 they may be under camera surveillance while in the vehicle.
(5) If the passenger transport vehicle is not an on‑demand rank or hail vehicle, signs must be placed inside at the front of the vehicle in the clear view of passengers advising passengers that they may be under camera surveillance while in the vehicle.
(1) The provider of a passenger transport service that is provided using a passenger transport vehicle fitted with a camera surveillance unit must ensure that any visual, audiovisual or audio recordings from the camera surveillance unit are protected against —
(a) misplacement; or
(b) use for an unauthorised purpose.
Penalty for this subregulation:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(2) If a passenger transport vehicle is fitted with a camera surveillance unit, the following persons must ensure, so far as is reasonably practicable, that any visual, audiovisual or audio recordings from the camera surveillance unit are protected against misplacement or use for an unauthorised purpose —
(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 the vehicle for use in providing a passenger transport service;
(c) the driver of the vehicle.
Penalty for this subregulation:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(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.
(4) A person referred to in subregulation (1)(c) or (d) who is given a notice under that subregulation must comply with the notice so far as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
(1) A person must not —
(a) view, download, copy, play or edit any visual, audiovisual or audio recording from a camera surveillance unit fitted to an on‑demand rank or hail vehicle in accordance with regulation 35ZA except as permitted by this regulation; or
(b) erase a recording referred to in paragraph (a) except in accordance with regulation 35ZG.
Penalty for this subregulation:
(a) for an individual, a fine of $10 000;
(b) for a body corporate, a fine of $40 000.
(2) An authorised officer or approved person may view, download, copy, play or edit a recording referred to in subregulation (1)(a).
(3) The provider of an authorised on‑demand booking service for the use of an on‑demand rank or hail vehicle in providing a passenger transport service may view, download, copy, play or edit any recording referred to in subregulation (1)(a) for an authorised purpose if the camera surveillance unit meets the requirements of the Camera Surveillance Unit Standards.
(4) The provider of an authorised on‑demand booking service may, in accordance with subregulation (5), authorise any of the following persons to carry out a function under subregulation (3) on the provider’s behalf —
(a) an employee of the provider;
(b) a person engaged by the provider under a contract for services who is competent to carry out the function;
(c) a person who supplies, installs or maintains camera surveillance units that meet the requirements of regulation 35ZA(3).
(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.
(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 this regulation —
(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.
(2) The following persons must ensure, so far as is reasonably practicable, 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 this regulation —
(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.
(3) An authorised officer or approved person who has possession or control of 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 must ensure that the recording is deleted, destroyed or disposed of in accordance with this regulation.
(4) A recording referred to in this regulation may be —
(a) deleted, destroyed or disposed of in a manner approved by the CEO; or
(b) in the case of a recording referred to in subregulation (1) or (2) — disposed of by giving it to an authorised officer.
(5) A recording referred to in this regulation must be deleted, destroyed or disposed of —
(a) not less than 30 days and not more than 90 days after the recording is made, unless it is being used for an authorised purpose; or
(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.
In this Subdivision —
(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.
(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, for using the vehicle to provide an on‑demand passenger transport service are not more than those set out in Schedule 2A.
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 following may 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 in the metropolitan region to provide an on‑demand passenger transport service that is not the appropriate tariff as set out in Schedule 2A.
Penalty for this subregulation: a fine of $9 000.
(5) Subregulations (1) to (4) do not prevent an amount from being charged for an airport fee.
(6) Subregulations (1) and (4) do not apply to an on‑demand passenger transport service that is provided for a contract fare.
(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 following may 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 in a region to provide an on‑demand passenger transport service that is not the appropriate tariff as set out in Schedule 2B.
Penalty for this subregulation: a fine of $9 000.
(5) Subregulations (1) to (4) do not prevent an amount from being charged for an airport fee.
(6) Subregulations (1) to (4) do not apply to an on‑demand passenger transport service that is provided for a contract fare.
(1) A relevant person in relation to an on‑demand rank or hail vehicle must ensure that a fare schedule that complies with this regulation is displayed in the vehicle in a position from where it is clearly visible from the outside of the front passenger window and from the front passenger seat when the vehicle is being used to provide an on‑demand 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.
(2) The fare schedule must —
(a) be in the approved form; and
(b) state —
(i) the relevant rates and amounts in Schedule 2A or 2B, whichever is applicable, to be paid for the use of the vehicle to provide the on‑demand passenger transport service; and
(ii) any other charges that may be applied to the provision of the on‑demand passenger transport service by the provider of the service or the provider of an 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).
(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.
(1) The amount payable for the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle may be agreed between —
(a) the person who booked the service and the provider of the on‑demand booking service; or
(b) the person who booked the service and the driver.
(2) If a voucher (as defined in regulation 35ZO(1)) is to be used for the payment or part‑payment of the contract fare, the amount agreed under subregulation (1) must not exceed the fare (as determined in accordance with regulation 35ZI or 35ZJ) that would otherwise be payable for the provision of the on‑demand passenger transport service.
(3) Subregulation (1) does not apply if the on‑demand passenger transport service is provided on a rank or hail basis.
(4) The provider of an on‑demand booking service must —
(a) keep a record of each contract fare agreed by the provider under subregulation (1)(a); and
(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) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(5) The driver of an on‑demand rank or hail vehicle must —
(a) keep a record of each contract fare agreed by the provider under subregulation (1)(b); and
(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.
(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
(e) a statement to the effect that, in addition to the contract fare, there may be payable in respect of the journey —
(i) parking fees mentioned in regulation 35ZW(1); and
(ii) costs of cleaning mentioned in regulation 35ZW(2); and
(iii) a surcharge for a non‑cash payment mentioned in regulation 35ZS; and
(iv) an airport fee.
(5) A contract fare has no effect, and cannot be recovered, unless it is agreed and written confirmation of the fare is provided in accordance with this regulation before the journey begins.
(1) In this regulation —
(a) guidelines approved by the CEO under regulation 35ZP for the purpose of this regulation; and
(b) until guidelines referred to in paragraph (a) are published, the WA Taxi User Subsidy Scheme Guidelines published by the Director‑General for the purposes of the
Taxi Regulations 1995 regulation 8 and theTransport (Country Taxi‑Cars Fares) Regulations 1991 regulation 5A, as in force immediately before the coming into operation of theTransport Regulations Amendment (Road Passenger Services) Regulations (No. 2) 2019 Part 5 Division 2.
(2) A driver of an on‑demand rank or hail vehicle must not refuse to accept a voucher as payment or part‑payment of a Schedule 2A fare, a Schedule 2B fare or a contract fare if the payment or part‑payment is in accordance with the CEO guidelines.
Penalty for this subregulation: a fine of $9 000.
(3) A driver of an on‑demand rank or hail vehicle who accepts a voucher must not enter on the voucher any information that the driver knows to be false or misleading in a material particular.
Penalty for this subregulation: a fine of $9 000.
(4) A driver of an on‑demand rank or hail vehicle must not accept a voucher that contains information that the driver knows or ought to know to be false or misleading in a material particular.
Penalty for this subregulation: a fine of $9 000
(5) A person must not tender a voucher to which they are not entitled, or that contains information that is false or misleading in a material particular.
Penalty for this subregulation: a fine of $9 000.
(6) The following persons must not direct a driver to refuse to accept a voucher as payment or part‑payment of a Schedule 2A fare, a Schedule 2B fare or a contract fare if the payment or part‑payment is in accordance with the CEO guidelines —
(a) the provider of an on‑demand booking service;
(b) the provider of an on‑demand passenger transport service;
(c) the provider of an on‑demand rank or hail vehicle.
Penalty for this subregulation:
(a) for an individual, a fine of $9 000;
(b) for a body corporate, a fine of $30 000.
(1) The CEO may approve guidelines for the purposes of regulation 35ZO.
(2) The CEO must publish the approved guidelines on the Department’s website.
(1) A journey made as part of the provision of an on‑demand passenger transport service using an on‑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;
and
(b) ends when the vehicle is free to resume plying for hire.
(2) A driver of an on‑demand rank or hail vehicle must set the fare calculation device in operation at the beginning of a journey and stop the device at the end of the journey.
Penalty for this subregulation: a fine of $9 000.
(3) If a driver of an on‑demand rank or hail vehicle stops the vehicle during the period of a journey to refuel the vehicle or for some other purpose not requested by the person who booked the on‑demand passenger transport service or a passenger, the driver must pause the fare calculation device until the journey is recommenced.
Penalty for this subregulation: a fine of $9 000.
(4) This regulation does not apply if the on‑demand passenger transport service is provided for a contract fare.
(1) In this regulation —
(2) A person who books an on‑demand rank or hail vehicle for use in providing an on‑demand rank or hail passenger transport service may refuse to consent to the carriage of other passengers in the vehicle during the journey.
(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 regulation 35ZW(2) must be paid by the person 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).
(1) If a surcharge is added because a fare for the provision of an on-demand passenger transport service using an on-demand rank or hail vehicle is being paid using a non‑cash payment, that surcharge is to be no more than 5% of all amounts to be paid for the provision of the service (except the surcharge itself).
(2) A person who provides a payment terminal that results in the imposition of a surcharge in contravention of subregulation (1) commits an offence.
Penalty for this subregulation:
(a) for an individual, a fine of $1 000;
(b) for a body corporate, a fine of $4 000.
(3) If more than one payment terminal is available for an on-demand rank or hail vehicle, the driver must use the terminal that results in the lowest surcharge, if any, being imposed when the non‑cash payment is made.
Penalty for this subregulation: a fine of $1 000.
(4) If a payment terminal is available for use in an on‑demand rank or hail vehicle —
(a) if the provider of an on‑demand booking 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
(b) if the provider of the vehicle for use in providing 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
(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).
In this Subdivision —
(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.
(1) A relevant provider must make available to a person intending to book an on‑demand vehicle for use in providing an on‑demand passenger transport service —
(a) the fare amount for the provision of the service; or
(b) a transparent process for the calculation of the fare amount.
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 CEO or an authorised officer may, by written notice, require the relevant provider in relation to an on‑demand vehicle to produce for inspection, or provide a copy of —
(a) the fare amount for the provision of an on‑demand passenger transport service using that vehicle; and
(b) the transparent process for the calculation of the fare amount referred to in subregulation (1).
(3) A notice under subregulation (2) must specify —
(a) the manner in which the information to which it applies must be produced or provided; and
(b) the time within which the information to which it applies must be produced or provided, which must allow the person a reasonable period to comply with the notice.
(4) A person given a notice under subregulation (2) 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.
(5) For the purposes of this regulation a transparent process is one that —
(a) is easy for a reasonable person to understand; and
(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.
(1) In this regulation —
(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;
(b) for a body corporate, a fine of $30 000.
(1) The person who booked a passenger transport vehicle for use in providing a passenger transport service may be required to pay the fee, if any, for parking during the journey at a passenger’s request unless parking fees have already been paid as part of a contract fare.
(2) The person who booked a passenger transport vehicle for use in providing a passenger transport service may be charged for the costs of cleaning the vehicle if it is soiled by a passenger during the journey.
(3) If the passenger transport service is provided for a Schedule 2A or Schedule 2B fare, an amount charged under this regulation is in addition to any amount chargeable under regulation 35ZI or 35ZJ.
(1) The provider of an on‑demand booking service (other than the provider of an associated booking service) for the use of an on‑demand vehicle in providing a passenger transport service must ensure that any receipt provided for the fare for the provision of the passenger transport service includes at least one of the following (as published on the list under section 41 of the Act) —
(a) the authorisation number of the provider of the on‑demand booking service;
(b) the name of the provider of the on‑demand booking service;
(c) a trading name or business name used by the provider of the 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 an associated booking service for the use of an on‑demand vehicle in providing a passenger transport service must ensure that any receipt provided for the fare for the provision of the passenger transport service includes at least one of the following —
(a) the name of the provider of the associated booking service;
(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) the authorisation number of the provider of the on‑demand booking service identified in the association arrangement as the principal booking service (the
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.
(1) The following persons must ensure that an on‑demand rank or hail vehicle is fitted with a fare calculation device that complies with regulation 35ZZ —
(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.
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 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 that complies 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.
(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.
(5) The fare calculation device must —
(a) display the fare, including any additional fees, charges or tolls, in numerals, in Australian dollars; and
(b) be capable of accurately calculating the fare at all times when the vehicle is being used to provide an on‑demand rank or hail passenger transport service; and
(c) be calibrated so that it determines the fare in accordance with these regulations.
(1) The following persons must ensure that the information set out in subregulation (3) is displayed inside an on‑demand rank or hail vehicle so that it is clearly visible to any passenger in the vehicle —
(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 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.
(2) The following persons must ensure, so far as is reasonably practicable, that the information set out in subregulation (3) is displayed inside an on‑demand rank or hail vehicle so that it is clearly visible to any passenger in the vehicle —
(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.
(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.
(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.
(1) A driver of a passenger transport vehicle must behave in an orderly manner at all times while driving the vehicle for the purpose of transporting passengers for hire or reward.
Penalty for this subregulation: a fine of $6 000.
Note for this subregulation:
Under section 11(2) of the Act, driving a vehicle for the purpose of transporting passengers for hire or reward includes using the vehicle for standing or plying or touting for hire for that purpose.
(2) Without limiting subregulation (1), a driver does not behave in an orderly manner if the driver —
(a) uses insulting, offensive or threatening language; or
(b) behaves in an insulting, offensive or threatening manner.
(1) In this regulation —
(2) The driver of a passenger transport vehicle must not refuse to carry an assistance animal or an assistance animal in training in or on the vehicle.
Penalty for this subregulation: a fine of $9 000.
(1) A driver of an on‑demand rank or hail vehicle must accept any person as a passenger in the vehicle unless —
(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
(f) the driver requires the intended passenger to pay a deposit and the intended passenger does not pay it; or
(g) the intended passenger and persons accompanying the intended passenger aged 12 years or over exceed the number of available seatbelts in the vehicle.
Penalty for this subregulation: a fine of $3 000.
(2) If at any point during the provision of an on‑demand passenger transport service in an on‑demand rank or hail vehicle, a person begins to soil the vehicle or become abusive or aggressive, the driver may terminate the provision of the service and require the person who booked the service to pay —
(a) the Schedule 2A or Schedule 2B fare or contract fare that would have been due if the hiring had terminated at that point in the normal course of events; and
(b) costs of cleaning mentioned in regulation 35ZW(2).
(3) A driver of an on‑demand rank or hail vehicle must not terminate the provision of an on‑demand rank or hail passenger transport service before reaching the agreed destination for reasons other than those set out in subregulation (2).
Penalty for this subregulation: a fine of $3 000.
A driver of a vehicle or another person must not tout or solicit for passengers for a rank or hail service to be provided using the vehicle unless the vehicle is an authorised on‑demand rank or hail vehicle.
Penalty:
(a) for an individual, a fine of $12 000;
(b) for a body corporate, a fine of $40 000.
(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.
(1) A driver of a wheelchair accessible vehicle that is an on‑demand rank or hail vehicle must ensure that it is used to attend first to any request for service for a passenger who uses or requires a wheelchair.
Penalty for this subregulation: a fine of $3 000.
(2) A provider of on‑demand booking service for the use of a wheelchair accessible vehicle in providing an on-demand rank or hail passenger transport service must ensure that it is used to attend first to any request for service for a passenger who uses or requires a wheelchair.
Penalty for this subregulation:
(a) for an individual, a fine of $3 000;
(b) for a body corporate, a fine of $10 000.
For the purposes of the definition of
(a) the Commissioner, as defined in the
Australian Federal Police Act 1979 (Commonwealth) section 4(1);(b) the Commissioner, as defined in the
Corruption, Crime and Misconduct Act 2003 section 3(1);(c) the Public Sector Commissioner, but only when the Public Sector Commissioner is performing functions under the
Corruption, Crime and Misconduct Act 2003 ;(d) the Commissioner (however designated) of the police force of another State or of the Northern Territory.
(1) In this regulation —
(2) For the purposes of the definition of
relevant authority in section 150 of the Act, the following persons are prescribed —(a) the Road Safety Commissioner or a person employed in the department of the Public Service principally assisting in the administration of the
Road Safety Council Act 2002 who is nominated by the Road Safety Commissioner to the CEO;(b) Austroads Ltd (ACN 136 812 390);
(c) the WorkSafe Commissioner or a person employed in the department of the Public Service principally assisting in the administration of the
Occupational Safety and Health Act 1984 who is nominated by the WorkSafe Commissioner to the CEO;(d) the managing director, as defined in the
Insurance Commission of Western Australia Act 1986 section 3, or an officer or employee of the Insurance Commission of Western Australia who is nominated by the managing director to the CEO;(e) the chief executive officer of the department of the Public Service principally assisting in the administration of the
Children and Community Services Act 2004 , or a person employed in that department who is nominated by the chief executive officer to the CEO.
(3) A nomination under subregulation (2) must be in writing signed by the person making the nomination.
(4) A person mentioned in subregulation (2)(a), (c), (d) or (e) whose nomination to the CEO is revoked is, when the revocation takes effect, no longer a person prescribed for the purposes of the definition of
relevant authority in section 150 of the Act.
For the purposes of section 152(a) of the Act, the prescribed period is 6 months.
(1) The offences described in Schedule 3 are offences for which an infringement notice may be issued under the
Criminal Procedure Act 2004 Part 2.(2) The modified penalty specified opposite an offence in Schedule 3 is the modified penalty for that offence for the purposes of the
Criminal Procedure Act 2004 section 5(3).
(1) In this regulation —
(2) Each TRPS authorised officer is an authorised officer for the purposes of the
Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for an offence prescribed under regulation 39(1).(3) An authorised officer who is a police officer can show that the authorised officer is authorised to issue infringement notices by showing the officer’s Certificate of Authority (as defined in the
Police Force Regulations 1979 regulation 901A).(4) An authorised officer who is not a police officer can show that the authorised officer is authorised to issue infringement notices by showing the officer’s identity card issued under section 166(3) of the Act.
(5) The CEO may, in writing, appoint a person employed in the Department who is not a TRPS authorised officer to be an approved officer for the purposes of the
Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for an offence prescribed under regulation 39(1).
For the purposes of section 178(2) of the Act, the following information is prescribed —
(a) the applicant’s full name and official details;
(b) the premises in relation to which the warrant is being sought;
(c) the purpose for which the entry to the premises is required;
(d) the grounds on which the applicant considers that entry to the premises is necessary;
(e) a statement to the best of the applicant’s knowledge about whether an application for an entry warrant for the same premises has been made under section 178 of the Act within the previous 72 hours and, if so, whether or not a warrant was issued.
For the purposes of the
For the purposes of sections 229(2) and 235(2) of the Act, the prescribed day is 31 May 2019.
In this Division —
(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);
(a) 2 or more on‑demand passenger transport services may be carried out under the agreement during 1 or more periods specified in the agreement; and
(b) it is not possible under the terms of the agreement to determine a separate amount payable that applies to each separate on‑demand passenger transport service;
(a) means —
(i) a tour; or
(ii) a wedding, funeral, graduation, birthday party or other ceremony or celebration of religious or personal significance; or
(iii) a ball or similar function;
but
(b) does not include a concert, theatrical performance or sporting event;
(a) for a journey to or from an airport; or
(b) that is provided for business purposes.
(1) For the purposes of the definition of
assessment period in section 241 of the Act, the classes of provider of an on‑demand booking service set out in the Table are prescribed.
Small on‑demand booking service providers | Each provider of an on‑demand booking service if the total number of vehicles in relation to which the provider provides an on‑demand booking service is not more than 50 |
Large on‑demand booking service providers | Each provider of an on‑demand booking service if the total number of vehicles in relation to which the provider provides an on‑demand booking service is more than 50 |
(2) For the purposes of subregulation (1), if the provider of an authorised on‑demand booking service (the
principal booking service ) has entered into an association arrangement, an on‑demand booking service provided by the provider of the associated booking service to which the arrangement applies is taken to be provided by the provider of the principal booking service.
(1) For the purposes of the definition of
levy fare in section 241 of the Act, unless regulation 47 or 48 applies, the levy fare for an on‑demand passenger transport service is the amount payable for the service, including the amounts set out in subregulation (2) but excluding any amounts set out in subregulation (3).(2) The following amounts are included in the levy fare —
(a) any base or minimum fare amount;
(b) any call out charge;
(c) any fare amounts calculated by reference to the actual or expected time, location, duration or distance of the journey (including any charges payable during peak periods);
(d) any booking charge or other amount payable in relation to the booking for the on‑demand passenger transport service;
(e) any other amount payable for the service and not referred to in subregulation (3).
(3) The following amounts are excluded from the levy fare —
(a) any amount allocated for the levy that does not exceed the lesser of —
(i) 10% of the sum of the amounts referred to in subregulation (2); or
(ii) $10;
(b) any amount of GST;
(c) any airport fee;
(d) any charge for using a particular payment method;
(e) any charge for cleaning the vehicle because it was soiled by a passenger or parking the vehicle at the request of a passenger;
(f) any charge for providing or fitting a child restraint, booster seat or child safety harness;
(g) any charge for carrying oversized or excess luggage using a trailer, roof‑rack or similar equipment.
47. Levy fare: on‑demand passenger transport service provided for metered fare (1) For the purposes of the definition of
levy fare in section 241 of the Act, the levy fare for an on‑demand passenger transport service provided for a metered fare is the amount payable for the service, including the amounts set out in subregulation (2) but excluding the amounts set out in subregulation (3).(2) The following amounts are included in the levy fare —
(a) the metered fare amount;
(b) any call out fee, guaranteed booking fee or surcharge of a kind set out in Schedule 2A or Schedule 2B (whether the maximum fee or charge or a lower fee or charge is payable);
(c) any other amount payable for the service and not referred to in subregulation (3).
(3) The following amounts are excluded from the levy fare —
(a) any amount allocated for the levy charged under regulation 35ZI(2)(a) or 35ZJ(2)(a);
(b) any amount of GST (including any amount of GST included in an amount of a kind referred to in subregulation (2)(a) or (b));
(c) any airport fee;
(d) any surcharge for non‑cash payment charged under regulation 35ZS;
(e) any parking fees or cleaning costs charged under regulation 35ZW;
(f) any charge for providing or fitting a child restraint, booster seat or child safety harness;
(g) any charge for carrying oversized or excess luggage using a trailer, roof‑rack or similar equipment.
(1) For the purposes of the definition of
levy fare in section 241 of the Act, the levy fare for an on‑demand passenger transport service to which a multiple service agreement applies is to be calculated as follows —(a) first, calculate the percentage (
X% ) of the agreement period that falls during the relevant assessment period;(b) second, calculate X% of the total amount payable under the agreement for on‑demand passenger transport services in respect of the agreement period (including any amounts of a kind referred to in regulation 46(2), but excluding any amounts of a kind referred to in regulation 46(3)(b) to (g) and any amount allocated for the levy that does not exceed 10% of the sum of the amounts of a kind referred to in regulation 46(2));
(c) third, divide the amount calculated under paragraph (b) by the number of on‑demand passenger transport services completed under the agreement during the relevant assessment period.
(2) In subregulation (1) —
A passenger service transaction that consists of taking a booking for an electric vehicle to be used in providing an on‑demand passenger transport service is not a leviable passenger service transaction.
(1) An approved special events provider is exempt from liability to pay the levy in relation to leviable passenger service transactions by the provider.
(2) The provider of an authorised on‑demand booking service may apply to the CEO in the approved form for approval as a special events provider.
(3) On application under subregulation (2), the CEO may by written notice approve the provider as a special events provider if the CEO is satisfied that —
(a) the only bookings for on‑demand vehicles to be used in providing on‑demand passenger transport services taken or facilitated by the provider are special events bookings; and
(b) the provider is not a party to any association arrangement with another provider of an on‑demand booking service.
(4) In determining for the purposes of subregulation (3) whether a vehicle is a luxury or vintage vehicle referred to in the definition of
special events booking in regulation 44, the CEO may have regard to the following —(a) the age and rarity of the vehicle;
(b) the value of the vehicle;
(c) the degree of comfort and amenity the vehicle provides to passengers;
(d) any other relevant matters.
(5) It is a condition of an on‑demand booking service authorisation of an approved special events provider that —
(a) the provider must not take or facilitate a booking, other than a special events booking, for a vehicle to be used in providing an on‑demand passenger transport service; and
(b) the provider must not enter into an association arrangement; and
(c) if the provider intends to begin to take or facilitate bookings, other than special events bookings, for vehicles to be used in providing on‑demand passenger transport services, or to enter into an association arrangement, the provider must give written notice to the CEO before doing so.
(6) The CEO must by written notice revoke an approval under subregulation (3) if —
(a) the CEO is satisfied that the provider has contravened a condition in subregulation (5)(a) or (b); or
(b) the provider gives a notice to the CEO in accordance with subregulation (5)(c).
51. Calculation of amount of levy payable on estimated basis (s. 247(1)) (1) For the purposes of section 247(1) of the Act, if the CEO has determined under section 247(2) of the Act that it is not reasonably practicable to determine the whole or part of the amount of levy payable by a person based on actual levy fares or leviable passenger service transactions or both during an assessment period —
(a) the CEO must as soon as practicable give the person a written direction setting out how the whole or the part of the amount of levy payable is to be calculated on an estimated basis for that assessment period; and
(b) the amount of levy payable by the person for the assessment period is to be calculated in accordance with that direction.
(2) In giving a direction under subregulation (1)(a), the CEO must have regard to the reasons for making the determination under section 247(2) of the Act.
(3) A direction under subregulation (1)(a) must provide for a method for the calculation of the whole or part of the amount of levy payable by the person for the assessment period on an estimated basis that takes into account 1 or more of the following matters —
(a) the amount of levy payable by the person for the previous assessment period or any part of it;
(b) the average amount of levy payable by the person over 2 or more recent assessment periods or any parts of those periods;
(c) the amount of levy payable by the person for the equivalent assessment period, or equivalent part of an assessment period, in the previous calendar year;
(d) the day, time, location, duration or distance of any associated relevant journey for a leviable passenger service transaction in respect of which the actual levy fare cannot be ascertained;
(e) any fare estimator made available by the person that applies to any associated relevant journey for a leviable passenger service transaction in respect of which the actual levy fare cannot be ascertained.
52. Registration as taxpayer (s. 249) (1) An application by a person for registration as a taxpayer under section 249 of the Act must —
(a) be in the approved form; and
(b) be made no later than 7 days after the day on which the person first becomes liable to pay the levy.
(2) A person registered as a taxpayer under section 249 of the Act must give written notice to the CEO if there is a change in any of the information that was given to the CEO in the application for registration as soon as practicable after becoming aware of the change.
Penalty for this subregulation:
(a) for an individual, a fine of $3 000;
(b) for a body corporate, a fine of $10 000.
(1) A provider of an on‑demand booking service who applies under section 249 of the Act to register as a taxpayer for the purposes of Part 9 Division 2 of the Act must enter into an approved agreement for the payment of amounts of levy by direct debit from a bank account.
(2) An amount of levy payable by a person is to be paid by direct debit from a bank account in accordance with the agreement entered into under subregulation (1).
(3) On application by the provider of an on‑demand booking service, the CEO may, if the CEO considers it appropriate in the circumstances, give the provider written notice stating that another payment method may be used.
(4) If the CEO gives a notice under subregulation (3) —
(a) subregulations (1) and (2) do not apply to the provider; and
(b) an amount of levy payable by the provider must be paid by the payment method specified in the notice.
54. Returns (s. 250)
A return lodged by a taxpayer under section 250 of the Act must —
(a) be in the approved form; and
(b) include any documents required by the approved form.
(1) For the purposes of section 251(a) of the Act, records of the following information must be kept in accordance with this regulation in relation to each leviable passenger service transaction by a person —
(a) the day and time at which the booking in relation to the leviable passenger service transaction was taken;
(b) the day of the associated relevant journey for the leviable passenger service transaction and the times it began and ended;
(c) the locations where the associated relevant journey began and ended;
[(d) deleted] (e) the name and driver’s licence number of the driver of the on‑demand vehicle used for the associated relevant journey;
(f) the vehicle licence number or interstate vehicle licence number of the vehicle used for the associated relevant journey;
(g) the fare information required under regulation 56 for the on‑demand passenger transport service to which the leviable passenger service transaction relates.
(2) The records referred to in subregulation (1) must be kept in the manner and form approved by the CEO.
(3) A record referred to in subregulation (1) must be retained for at least 5 years after the day on which the leviable passenger service transaction to which it relates occurs.
(1) For the purposes of regulation 55(1)(g), the fare information for an on‑demand passenger transport service to which regulation 46 applies is —
(a) the total amount payable for the on‑demand passenger transport service;
(b) each component of the total amount referred to in paragraph (a), including each amount of a kind referred to in regulation 46(2) or (3);
(c) the amount of the levy fare for the on‑demand passenger transport service;
(d) the rates used for calculating any amount of a kind referred to in regulation 46(2)(c);
(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) For the purposes of regulation 55(1)(g), the fare information for an on‑demand passenger transport service provided for a metered fare is —
(a) the total amount payable for the on‑demand passenger transport service;
(b) each component of the total amount referred to in paragraph (a), including each amount of a kind referred to in regulation 47(2) or (3);
(c) the amount of the levy fare for the on‑demand passenger transport service;
(d) the rates used for calculating the metered fare amount;
(e) the distance travelled in the associated relevant journey.
(3) For the purposes of regulation 55(1)(g), the fare information for an on‑demand passenger transport service to which a multiple service agreement applies is —
(a) the total amount payable for on‑demand passenger transport services under the multiple service agreement in respect of the agreement period (as defined in regulation 48(2));
(b) each component of the total amount referred to in paragraph (a), including each amount of a kind referred to in regulation 46(2) or (3)(b) to (g) and any amount allocated for the levy;
(c) the number of days in the agreement period;
(d) the number of on‑demand passenger transport services completed under the multiple service agreement during the relevant assessment period (as defined in regulation 48(2));
(e) the levy fare for the on‑demand passenger transport service.
(1) The CEO or an authorised officer may, by written notice, require a person who is required to keep records under section 251 of the Act to —
(a) produce any of those records for inspection; or
(b) provide copies of any of those records.
(2) A notice under subregulation (1) must specify —
(a) the manner in which the records must be produced or provided; and
(b) the time within which the records must be produced or provided, which must allow the person a reasonable period to comply with the notice.
(3) A notice under subregulation (1)(b) may require copies of records to be 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.
For the purposes of Part 9 Division 2 of the Act, the
The
The
The
(1) The
Taxation Administration Act 2003 Part 4 Division 2 applies as if it provided that the Commissioner cannot extend the 60‑day period for lodging an objection under section 36(1), (2) or (3) of that Act unless there are special circumstances that prevented the objection from being lodged within that period.(2) Without limiting subregulation (1), special circumstances may include the following —
(a) a serious illness or other personal emergency affecting the taxpayer;
(b) a failure of computing or other systems, including loss of data, affecting the taxpayer’s ability to make the objection;
(c) an unforeseeable circumstance outside the control of the taxpayer.
(3) The
Taxation Administration Act 2003 section 36(5) applies as if the reference to 12 months were a reference to 6 months.
The
The
The
The
(a) if there is an online facility available on the Department’s website that provides for the service of documents relating to the levy — using the taxpayer’s account with that online facility; or
(b) in another manner approved by the CEO.
For the purposes of section 259(2) of the Act, the prescribed day is 31 March 2019.
The following decisions are prescribed for the purposes of paragraph (i) of the definition of
(a) a decision under regulation 18(5)(a) to refuse to grant a further on‑demand booking service authorisation on a ground referred to in section 42(1)(a), (b), (d) or (e) of the Act;
(b) a decision under regulation 23(1) or (2) to refuse to accept a nomination of a person to represent the provider of an on‑demand booking service in providing the service;
(c) a decision under regulation 35E(6)(b) to refuse to grant a further regular passenger service authorisation on a ground referred to in section 79(1)(a), (c) or (e) of the Act;
(d) a decision under regulation 35T(5)(b) to refuse to grant a further passenger transport vehicle authorisation on a ground referred to in section 139(1)(b) or (d) of the Act.
(1) The fees set out in Schedule 1 Division 1 are payable in relation to the matters referred to in that Division.
(2) The fees set out in Schedule 1 Division 2 are prescribed as the authorisation fees for on‑demand booking service authorisations for the purposes of section 31(1)(e) of the Act and regulation 18.
(2A) The fees set out in Schedule 1 Division 3 are prescribed as the authorisation fees for passenger transport vehicle authorisations for the purposes of section 127(d) of the Act and regulation 35T.
(3) The CEO may, by written notice to a person, waive payment of the whole or a part of a fee by the person if the CEO considers that it is appropriate in the circumstances to do so.
(4) The CEO may, by notice published in the
Gazette , waive payment of the whole or a part of a fee by a class of persons if the CEO considers that it is appropriate in the circumstances to do so.
(1) A provider of 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 school bus service except the requirement under regulation 9 to have a safety management 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.
(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 records kept under regulations 28, 29, 33 and 35ZF(6); or
(ii) provide copies of any of the records kept under regulations 28, 29, 33 and 35ZF(6);
or
(d) require the provider of an authorised regular passenger transport service to —
(i) produce for inspection any of the records kept under regulations 35J and 35N; or
(ii) provide copies of any of the records kept under regulations 35J and 35N;
or
(e) require the provider of an on‑demand booking service, or a driver, who is required to keep records under regulation 35ZM(4) or (5) to —
(i) produce for inspection any of those records; or
(ii) provide copies of any of those records.
(2) A notice under subregulation (1) must specify —
(a) the manner in which the document or documents to which it applies must be produced or provided; and
(b) the time within which the document or documents to which it applies must be produced or provided, which must allow the provider a reasonable period to comply with the notice.
(3) A notice under subregulation (1)(a)(ii), (c)(ii), (d)(ii) or (e)(ii) may require copies of records or the safety management system, as the case requires, to be 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.
(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.
A camera surveillance unit installed in an on‑demand rank or hail vehicle before 2 July 2019 is not required to meet the requirements of regulation 35ZA(3)(a) until 2 July 2020 if it meets the requirements of the standards entitled Camera Surveillance Unit Standards 2017 approved by the CEO and published on the Department’s website, as in force on the day on which the
(1) In this regulation —
(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 a passenger transport service that is provided using the vehicle.
(2) Subject to subregulation (3), regulation 35ZA(1) and (2) do not apply until 2 July 2020 in relation to an on‑demand rank or hail vehicle that primarily operates outside the metropolitan region except in relation to the use of the vehicle for a journey that starts and ends inside the metropolitan region.
(3) Regulation 35ZA(1) and (2) do not apply until 2 July 2020 in relation to an on‑demand rank or hail vehicle that primarily operates in the following areas —
(a) the Mandurah local government district;
(b) the Murray local government district.
(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.
(1) The prescribed date for the purposes of the definition of
relevant date in section 296(1) of the Act is 30 September 2019.(2) The requirements for the purposes of section 296(3)(b) 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 lessee of the taxi plates; or
(ii) that the owner of the vehicle has consented to the lessee 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.
In this Division —
(1) This regulation applies if a taxi plate that was issued under the
Taxi Act 1994 was attached to a taxi immediately before commencement day.(2) Unless otherwise provided in this Division, the taxi 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 taxi plate that may continue to be used because of subregulation (2) is taken on and after commencement day to be —
(a) a number plate issued by the road traffic CEO under the
Road Traffic (Vehicles) Regulations 2014 regulation 111(2) in relation to the on‑demand rank or hail vehicle; and(b) the property of the road traffic CEO.
(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 after commencement day to be —
(a) a number plate issued by the road traffic CEO under the
Road Traffic (Vehicles) Regulations 2014 regulation 111(2) in relation to the on‑demand rank or hail vehicle; and(b) the property of the road traffic CEO.
(1) This regulation applies if a number plate that was issued under the
Transport Co‑ordination Act 1966 section 32A was attached to a vehicle that was an omnibus licensed under that Act 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 —
(a) while it continues to be authorised under the Act to be used to provide a passenger transport service (other than an on‑demand rank or hail passenger transport service); and
(b) after it ceases to be authorised under the Act to be used to provide a passenger transport service if the number plate does not identify the vehicle as —
(i) a passenger transport vehicle; or
(ii) a passenger transport vehicle that is used to provide a particular category of passenger transport service.
(3) A number plate that may continue to be used because of subregulation (2)(a) is taken on and after commencement day to be —
(a) a number plate issued by the road traffic CEO under the
Road Traffic (Vehicles) Regulations 2014 regulation 111(1) identifying the vehicle as an on‑demand charter vehicle; and(b) the property of the road traffic CEO.
(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 to provide a passenger transport service to be —
(a) a number plate issued by the road traffic CEO under the
Road Traffic (Vehicles) Regulations 2014 regulation 111(1) in relation to the vehicle; and(b) the property of the road traffic CEO.
(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
(c) must not be used as the number plates for the vehicle to which they were attached immediately before commencement day.
(3) A number plate that may be used on a nominated vehicle because of subregulation (2) is taken on and after commencement day to be —
(a) a number plate issued by the road traffic CEO under the
Road Traffic (Vehicles) Regulations 2014 regulation 111(2) that identifies the nominated vehicle as an on‑demand rank or hail vehicle; and(b) the property of the road traffic CEO.
(1) This regulation applies if —
(a) taxi plates issued under the
Taxi Act 1994 were attached to a vehicle immediately before commencement day; and(b) the lessee of the taxi plates has nominated a vehicle under section 296(3)(b) 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
(c) must not be used as the number plates for the vehicle to which they were attached immediately before commencement day.
(3) A number plate that may be used on a nominated vehicle because of subregulation (2) is taken on and after commencement day to be —
(a) a number plate issued by the road traffic CEO under the
Road Traffic (Vehicles) Regulations 2014 regulation 111(2) that identifies the nominated vehicle as an on‑demand rank or hail vehicle; and(b) the property of the road traffic CEO.
(1) This regulation applies in relation to the following plates if they were not attached to a vehicle immediately 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) —
(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(c) the licensee under the
Transport Co‑ordination Act 1966 in relation to number plates issued for a country taxi‑car under that Act; or(d) the licensee under the
Transport Co‑ordination Act 1966 in relation to number plates issued for an omnibus under section 32A of that Act.(4) A taxi plate or a number plate issued for a country taxi‑car that is required to be surrendered under subregulation (2) is taken on and after commencement day to be —
(a) a number plate issued by the road traffic CEO under the
Road Traffic (Vehicles) Regulations 2014 regulation 111(2) for a vehicle that identifies the vehicle as an on‑demand rank or hail vehicle; and(b) the property of the road traffic CEO.
(5) A number plate issued for an omnibus that is required to be surrendered under subregulation (2) is taken on and after commencement day to be —
(a) a number plate issued by the road traffic CEO under the
Road Traffic (Vehicles) Regulations 2014 regulation 111(1) for a vehicle that identifies the vehicle as an on‑demand charter vehicle; and(b) the property of the road traffic CEO.
An authorised officer may seize and take possession of number plates that the officer suspects on reasonable grounds should have been returned to the CEO under regulation 81.
[r. 69(1) and (2)]
1. | Application fee for on‑demand booking service authorisation (s. 29(4)(f) of the Act) | $113.00 |
2. | Fee for nomination of additional or replacement person to represent provider of authorised on‑demand booking service (r. 22(5)(a)) | $23.00 |
3. | Application fee for variation of conditions of on‑demand booking service authorisation (s. 34(2)(c) of the Act) | $14.00 |
3A. | Application fee for regular passenger transport service authorisation (s. 59(3)(e) of the Act) | $115.00 |
3B. | Application fee for renewal of regular passenger transport service authorisation (r. 35E(1)(b)) | $115.00 |
3C. | Application fee for variation of regular passenger transport service authorisation (s. 67(2)(c) of the Act) | $154.00 |
3D. | Application fee for variation of approved route or area (s. 69(2)(c) of the Act) | $154.00 |
3E. | Application fee for transfer of regular passenger transport service authorisation (s. 75(4)(d) of the Act) | $77.00 |
3F. | Application fee for passenger transport vehicle authorisation (s. 124(3)(d) of the Act) | $15.00 |
3G. | Application fee for variation of conditions of passenger transport vehicle authorisation (s. 130(2)(c) of the Act) | $20.00 |
3H. | Application fee for category of service change for passenger transport service authorisation (s. 132(2)(c) of the Act) | $36.00 |
4. | Fee for provision of unpublished de‑identified data on request (s. 151(3) of the Act) | $139.00 for each hour, or part of an hour, that a person spends extracting and providing data in response to request |
5. | Fee for providing copy of authorisation document for on‑demand booking service authorisation | $12.00 |
6. | Fee for handling the following transactions in person or over the phone in relation to authorisations under the Act — (a) changes to existing records (except changes of address) (b) late renewal of annual authorisations (c) manual search of records | $20.00 |
1 | $250 |
2 to 5 | $470 |
6 to 15 | $1 380 |
16 to 30 | $2 750 |
31 to 50 | $4 500 |
51 to 90 | $7 400 |
91 to 150 | $12 300 |
151 to 250 | $20 000 |
251 to 500 | $33 000 |
More than 500 | $65 000 |
1 month | $21 |
3 months | $40 |
6 months | $67 |
12 months | $113 |
Another period specified under regulation 35S | A pro rata amount based on the fee for a 12 month authorisation |
[r. 24]
(1) Each offence described in column 1 of the Table is prescribed for the purposes of Part 3 of the Act as a disqualification offence for providers of on‑demand booking services, responsible officers of providers of on‑demand booking services and close associates of providers of on‑demand booking services.
(2) If particular circumstances are set out opposite a disqualification offence in column 2 of the Table, the offence is a disqualification offence for the purposes of Part 3 of the Act only in those circumstances.
(3) The disqualification period that applies to a disqualification offence is the period set out opposite that offence in column 3 of the Table.
(4) A reference in the Table to a penalty of imprisonment for which an offender is liable is a reference to the maximum penalty of imprisonment that could be imposed on an individual convicted of the offence (or, in the case of a summary conviction, to the maximum penalty of imprisonment that could be imposed on an individual on summary conviction) regardless of the penalty actually imposed and whether a fine could also, or alternatively, be imposed.
Offences under | |||
1. | Offence under s. 21(1) of the Act (Safety duty offence: Category 1) | Permanent | |
2. | Offence under s. 22(1) of the Act (Safety duty offence: Category 2) | 5 years | |
3. | Offence under s. 23 of the Act (Safety duty offence: Category 3) | 2 | 5 years |
Offences under | |||
4. | Offence under the OSH Act s. 19A(1), 21A(1), 21C(1), 22A(1), 23AA(1), 23B(1) or 23H(1) (Level 4 penalty offence) | Permanent | |
5. | Offence under the OSH Act s. 19A(2), 21A(2), 21C(2), 22A(2), 23AA(2), 23B(2) or 23H(2) (Level 3 penalty offence) | ||
6. | Offence under the OSH Act s. 19A(3), 21A(3), 21C(3), 22A(3), 23AA(3), 23B(3) or 23H(3) (Level 2 penalty offence) | 2 | 12 months |
Offences under | |||
7. | Offence under | Permanent | |
8. | Offence under | 5 years | |
9. | Offence under | 12 months | |
10. | Offence under | Only if the offence relates to an offence referred to in item 7, 8 or 9 of this Table | Permanent |
11. | Offence under | Only if the offence relates to an offence referred to in item 7, 8 or 9 of this Table | 5 years |
12. | Offence under | Only if the offence relates to an offence referred to in item 7, 8 or 9 of this Table | 12 months |
Offences under | |||
13. | Offence under the | Permanent | |
Offences under | |||
14. | Indictable offence under the | Permanent | |
15. | Simple offence under the | 12 months | |
Offences under | |||
16. | Offence under the | 12 months | |
Offences under the | |||
17. | Offence under the | Permanent | |
18. | Offence under the | 12 months | |
Offences under laws of Commonwealth, other States or Territories | |||
19. | Offence under a law of the Commonwealth, another State or a Territory that is constituted by conduct that is substantially the same as the conduct constituting an offence described in items 1 to 18 (the | The disqualification period prescribed for the local offence | |
[r. 35ZI]
Monday to Friday 6 am to 6 pm | $4.20 | $1.72/km | $49.00/hour |
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 |
When carrying 5 or more passengers | $6.10 | $2.56/km | $76.00/hour |
(but only if a guaranteed booking fee is not payable for the same hire) | $1.50 |
$9.00 | |
Ultra‑Peak — From midnight Friday to 3 am Saturday or midnight Saturday to 3 am Sunday | $3.60 |
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. 35ZJ]
Monday to Friday 6 am to 6 pm | $4.20 | $2.31/km | $49.00/hour |
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 |
When carrying 5 or more passengers | $6.10 | $3.41/km | $76.00/hour |
$1.50 | |
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 |
Monday to Friday 6 am to 6 pm | $4.20 | $1.80/km | $49.00/hour |
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 |
When carrying 5 or more passengers | $6.10 | $2.56/km | $76.00/hour |
$1.50 | |
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 |
Monday to Friday 6 am to 6 pm | $4.20 | $1.75/km | $49.00/hour |
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 |
When carrying 5 or more passengers | $6.10 | $2.60/km | $76.00/hour |
$1.50 | |
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 |
Monday to Friday 6 am to 6 pm | $4.20 | $2.27/km | $49.00/hour |
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 | $2.27/km | $49.00/hour |
When carrying 5 or more passengers | $6.10 | $3.35/km | $76.00/hour |
$1.50 | |
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 |
Monday to Friday 6 am to 6 pm | $4.30 | $1.76/km | $49.50/hour |
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 |
When carrying 5 or more passengers | $6.20 | $2.60/km | $76.60/hour |
$1.50 | |
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 |
Monday to Friday 6 am to 6 pm | $4.20 | $1.75/km | $49.00/hour |
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 |
When carrying 5 or more passengers | $6.10 | $2.60/km | $76.00/hour |
$1.50 | |
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 |
Monday to Friday 6 am to 6 pm | $4.20 | $2.31/km | $49.00/hour |
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 |
When carrying 5 or more passengers | $6.10 | $3.41/km | $76.00/hour |
$1.50 | |
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 |
Monday to Friday 6 am to 6 pm | $4.20 | $1.75/km | $49.00/hour |
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 |
When carrying 5 or more passengers | $6.10 | $2.60/km | $76.00/hour |
$1.50 | |
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 |
Monday to Friday 6 am to 6 pm | $4.20 | $1.80/km | $49.00/hour |
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 |
When carrying 5 or more passengers | $6.10 | $2.56/km | $76.00/hour |
$1.50 | |
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. 39]
Offences under | ||||
1. | r. 10 | Contravention of safety standard in r. 9 | $1 800 | $6 000 |
2. | r. 10O(1) | Contravention of safety standard in r. 10D, 10G, 10J or 10K | $1 800 | $6 000 |
3. | r. 10O(2) | Contravention of safety standard in Part 3 Division 3 other than safety standard in r. 10D, 10G, 10J or 10K | $900 | $3 000 |
4. | r. 10O(3) | Non‑compliance with safety standard in r. 10D, 10G, 10J or 10K by responsible person | $1 800 | $6 000 |
5. | r. 10O(4) | Non‑compliance with safety standard in Part 3 Division 3 (other than safety standard in r. 10D, 10G, 10J or 10K) by responsible person | $900 | $3 000 |
6. | r. 10Q | Contravention of safety standard in r. 10P | $900 | $3 000 |
7. | r. 10T(1) | Contravention of safety standard in r. 10R | $1800 | $6 000 |
8. | r. 10T(2) | Contravention of safety standard in r. 10S | $900 | |
9. | r. 10T(3) | Non‑compliance with safety standard in r. 10R by responsible person | $1 800 | $6 000 |
10. | r. 10T(4) | Non‑compliance with safety standard person in r. 10S by responsible person | $900 | $3 000 |
11. | r. 22(2) | Failure to notify CEO of person ceasing to be responsible officer | $300 | $1 000 |
12. | r. 22(4) | Failure to nominate replacement responsible officer | $300 | $1 000 |
13. | r. 26 | Failure to notify CEO of charge or conviction of disqualification offence | $300 | $1 000 |
14. | r. 26A | Failure to notify change in circumstances | $300 | $1 000 |
15. | r. 30 | Offering or advertising on‑demand booking service or on‑demand passenger transport service when not authorised to provide on‑demand booking service | $900 | $3 000 |
16. | r. 31(1) | Failure to include name or authorisation number in advertising | $900 | $3 000 |
17. | r. 31(2) | Failure to include name or authorisation number of principal booking service provider in advertising | $900 | $3 000 |
18. | r. 32 | Failure to prepare and make accessible complaints resolution procedure | $1 200 | $4 000 |
19. | r. 33(1) | Failure to keep records about complaints | $1 200 | $4 000 |
20. | r. 35F | Failure to notify change in circumstances | $300 | $1 000 |
21. | r. 35K | Offering or advertising regular passenger transport service when not authorised to provide regular passenger transport service | $900 | $3 000 |
22. | r. 35L | Failure to include name or authorisation number in advertising | $900 | $3 000 |
23. | r. 35M | Failure to prepare and make accessible complaints resolution procedure | $1 200 | $4 000 |
24. | r. 35N(1) | Failure to keep records about complaints | $1 200 | $4 000 |
25. | r. 35V | Failure to notify change in circumstances | $300 | $1 000 |
26. | r. 35ZA(1) | Failure to ensure on‑demand rank or hail vehicle fitted with camera surveillance unit | $1 800 | $6 000 |
27. | r. 35ZA(2) | Failure to ensure, so far as is reasonably practicable, on‑demand rank or hail vehicle fitted with camera surveillance unit | $1 800 | $6 000 |
28. | r. 35ZB(2) | Failure to fit signs to passenger transport vehicle | $900 | $3 000 |
29. | r. 35ZB(3) | Failure to ensure, so far as is reasonably practicable, that signs fitted to passenger transport vehicle | $900 | $3 000 |
32. | r. 35ZD(1) | Failure to protect camera surveillance unit recordings | $1 800 | $6 000 |
33. | r. 35ZD(2) | Failure to ensure, so far as is reasonably practicable, recordings from camera surveillance unit protected | $1 800 | $6 000 |
34. | r. 35ZE(3) | Failure to produce recording to authorised officer | $900 | $3 000 |
35. | r. 35ZE(4) | Failure to produce recording to authorised officer so far as is reasonably practicable | $900 | $3 000 |
36. | r. 35ZF(1) | Dealing with recording except as permitted | $1 500 | $6 000 |
37. | r. 35ZF(6) | Failure to keep record of authorisation | $1 000 | $4 000 |
38. | r. 35ZG(1) | Failure to ensure recording disposed of in accordance with requirements | $900 | $3 000 |
39. | r. 35ZG(2) | Failure to ensure, so far as is reasonably practicable, recording disposed of in accordance with requirements | $900 | $3 000 |
40. | r. 35ZI(1) | Failure to ensure that fare is not more than set out in Schedule 2A: metropolitan region | $900 | $3 000 |
41. | r. 35ZI(4) | Failure to select appropriate tariff: metropolitan region | $900 | |
42. | r. 35ZJ(1) | Failure to ensure fare is not more than set out in Schedule 2B: regions | $900 | $3 000 |
43. | r. 35ZJ(4) | Failure to select appropriate tariff: regions | $900 | |
44. | r. 35ZK(1) | Failure to display fare schedule in vehicle | $900 | $3 000 |
45. | r. 35ZM(4) | Failure to keep records about contract fares agreed with provider of on‑demand booking service | $1 200 | $4 000 |
46. | r. 35ZM(5) | Failure to keep records about contract fares agreed with driver | $1 200 | |
47. | r. 35ZN(1) | Failure to provide written confirmation of contract fare agreed by provider of on-demand booking service | $900 | $3 000 |
48. | r. 35ZN(2) | Failure to provide written confirmation of contract fare agreed by driver | $900 | |
49. | r. 35ZO(2) | Failure to accept passenger subsidy scheme voucher | $900 | |
50. | r. 35ZO(3) | Entering false or misleading information on passenger subsidy scheme voucher | $1 800 | |
51. | r. 35ZO(4) | Accepting voucher knowing that it is false or misleading | $1 800 | |
52. | r. 35ZO(5) | Tendering voucher that person not entitled to | $1 800 | |
53. | r. 35ZO(6) | Directing driver to refuse voucher | $900 | $3 000 |
54. | r. 35ZQ(2) | Failure to operate fare calculation device | $900 | |
55. | r. 35ZQ(3) | Failure to pause fare calculation device | $900 | |
56. | r. 35ZS(2) | Contravention of limit on surcharge for non‑cash payment | $200 | $800 |
57. | r. 35ZS(3) | Failure to use payment terminal that results in lowest surcharge | $200 | |
58. | r. 35ZU(1) | Failure to make information about fares available to person booking vehicle | $900 | $3 000 |
59. | r. 35ZU(4) | Failure to make information about fares available to CEO or authorised officer | $900 | $3 000 |
60. | r. 35ZX(1) | Failure to include information in receipt | $900 | $3 000 |
61. | r. 35ZX(2) | Failure of provider of associated booking service to include information in receipt | $900 | $3 000 |
62. | r. 35ZY(1) | Failure to ensure vehicle fitted with fare calculation device | $900 | $3 000 |
63. | r. 35ZY(2) | Failure to ensure, so far as is reasonably practicable, vehicle fitted with fare calculation device | $900 | $3 000 |
64. | r. 35ZZA(1) | Failure to ensure that information displayed in vehicle | $900 | $3 000 |
65. | r. 35ZZA(2) | Failure to ensure, so far as is reasonably practicable, that information displayed in vehicle | $900 | $3 000 |
66. | r. 35ZZB(1) | Failure of driver to inform on‑demand booking service provider of certain matters | $1 200 | |
67. | r. 35ZZC(1) | Failure of driver to behave in orderly manner | $600 | |
68. | r. 35ZZD(2) | Refusal to carry assistance animal in vehicle | $900 | |
69. | r. 35ZZE(1) | Refusal of passenger except as permitted | $300 | |
70. | r. 35ZZE(3) | Termination of journey before destination except as permitted | $300 | |
71. | r. 35ZZF | Touting or soliciting for passengers other than in authorised on-demand rank or hail vehicle | $1 800 | $6 000 |
72. | r. 35ZZG(1) | Offence to operate unauthorised vehicle with number plates identifying it as passenger transport vehicle | $1800 | $6 000 |
73. | r. 35ZZH(1) | Offence to fail to attend passenger who uses wheelchair first | $600 | |
74. | r. 35ZZH(2) | Offence to fail to ensure vehicle used to attend passenger who uses wheelchair first | $600 | $2 000 |
75. | r. 69B(4) | Failure to comply with notice given by CEO or authorised officer under r. 69B(1) — (a) if the notice is given under r. 69B(1)(a) (b) if the notice is given under r. 69B(1)(b), (c), (d) or (e) | $1 800 $1 200 | $6 000 $4 000 |
Offences under | ||||
76. | s. 58 | Failure to notify CEO if no longer providing regular passenger transport service | $500 | $2 500 |
77. | s. 121(1) | Driving a vehicle without a vehicle authorisation | $1 800 | |
78. | s. 122(1) | Operating a vehicle without a vehicle authorisation | $1 800 | $9 000 |
79. | s. 122(2) | Causing or permitting operation of vehicle without a vehicle authorisation | $1 800 | $9 000 |
80. | s. 123 | Failure to comply with authorisation conditions | $1 800 | $9 000 |
81. | s. 211(1) | Compliance with improvement notice | $500 | $2 500 |
82. | s. 211(2) | Driving vehicle when prohibited under improvement notice | $1 200 | $6 000 |
83. | s. 213(3) | Unlawful removal of improvement notice sticker | $500 | |
[r. 42]
Infringement notice no. | |||
Name | |||
Address | |||
Date or period | |||
Place | |||
Written law contravened | |||
Details of offence | |||
Date of notice | |||
Name | |||
Office | |||
Signature | |||
$________ | |||
It is alleged that you have committed the above offence. | |||
In person | |||
By post | |||
Online | |||
By telephone | |||
Withdrawal no. | |||||
Name | |||||
Address | |||||
Infringement notice no. | |||||
Date of issue | |||||
Date or period | |||||
Place | |||||
Written law contravened | |||||
Details of offence | |||||
Name | |||||
Office | |||||
Signature | |||||
Date of withdrawal | |||||
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. 1. Your refund is enclosed. | |||||
2. If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: Approved Officer — | |||||
Authorised officers under the | |||||||
The applicant has applied under the | |||||||
Full name and authorisation | |||||||
Provision(s) | |||||||
This warrant authorises you to enter the premises described below and exercise the powers in the | |||||||
This warrant must be executed within ______ day(s) after the date it is issued. | |||||||
Name of JP | |||||||
Date | Time | ||||||
Issued by me on the above date and at the above time. Justice of the Peace | |||||||
Start | Date: Time: | End | Date: Time: | ||||
Occupier present? Yes/No Entry audiovisually recorded? Yes/No | |||||||
Name | |||||||
The applicant has applied under the | ||||||
Full name and authorisation | ||||||
Contact details | ||||||
Description of records | Version to be produced | |||||
You are ordered to produce the version of the record or records described above at the place described below on or before [ | ||||||
Name of JP | ||||||
Date | Time | |||||
Issued by me on the above date and at the above time. Justice of the Peace | ||||||
On [ Signature of server | ||||||
Name | ||||||
Contact details | ||||||
This is a compilation of the
26 Feb 2019 p. 461‑533 | Regulations other than Pt. 4 Div. 7 and Pt. 7 Div. 2: 28 Feb 2019 (see r. 2(b) and | |
26 Jun 2019 p. 2229‑371 | Pt. 5 Div. 1 and 2: 2 Jul 2019 (see r. 2(d) and | |
SL 2020/4 4 Feb 2020 | r. 1 and 2: 4 Feb 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2020 (see r. 2(b)) | |
‘F’ or ‘T’ endorsed driver’s licence.............................................................................. 3
agreement period...................................................................................................... 48(2)
approved identification card.......................................................................................... 3
approved person............................................................................................................... 3
approved special events provider................................................................................ 44
AS/NZS............................................................................................................................. 3
assessment period.......................................................................................................... 44
assistance animal.............................................................................................. 35ZZD(1)
associated journey.................................................................................................... 29(1)
associated relevant journey.......................................................................................... 44
Australian Design Rules................................................................................................. 3
authorised on‑demand rank or hail vehicle................................................................. 3
authorised purpose...................................................................................................... 35Z
booster seat..................................................................................................................... 44
camera surveillance unit................................................................................................. 3
Camera Surveillance Unit Standards............................................................................ 3
CEO guidelines................................................................................................... 35ZO(1)
child care service............................................................................................................. 3
child restraint.................................................................................................................. 44
child safety harness....................................................................................................... 44
commencement day....................................................................................................... 75
contract fare...................................................................................................................... 3
contracted provider................................................................................................ 35A(1)
current authorisation................................................................... 18(1), 35E(1), 35T(1)
Disability Standards........................................................................................................ 3
disqualification offence................................................................................................ 11
driver’s licence number.................................................................................................. 3
electric vehicle.................................................................................................................. 3
fare amount................................................................................................................ 35ZT
first provider........................................................................................................... 29(2A)
GST.................................................................................................................................... 3
interstate vehicle licence................................................................................................. 3
local offence............................................................................................... Sch. 2 cl. 1(4)
metered fare.................................................................................................................... 44
metered fare amount..................................................................................................... 44
metropolitan region......................................................................................................... 3
multiple hiring..................................................................................................... 35ZR(1)
multiple service agreement.......................................................................................... 44
non‑cash payment............................................................................................................ 3
notifiable occurrence................................................................................................. 35W
on‑demand charter vehicle............................................................................................. 3
on‑demand rank or hail vehicle..................................................................................... 3
OSH Act...................................................................................................... Sch. 2 cl. 1(4)
payment terminal............................................................................................................. 3
principal booking service.............................................. 12(1), 31(2), 35ZX(2), 45(2)
principal provider.................................................................................................. 35A(1)
queue‑jumping fee.............................................................................................. 35ZV(1)
recipient...................................................................................................................... 70(1)
region................................................................................................................................. 3
relevant assessment period...................................................................................... 48(2)
relevant booking....................................................................................................... 29(1)
relevant journey............................................................................................................. 44
relevant person............................................................................................. 35ZH, 81(3)
relevant provider........................................................................................... 35ZT, 72(1)
relevant provider or driver...................................................................................... 8A(1)
required information............................................................................................. 10N(1)
Road Safety Commissioner.................................................................................... 37(1)
road traffic CEO............................................................................................................... 3
safety management system............................................................................................. 3
Schedule 2A fare.............................................................................................................. 3
Schedule 2B fare.............................................................................................................. 3
school bus service............................................................................................................ 3
second provider...................................................................................................... 29(2A)
serious offence.................................................................................................................. 3
special event................................................................................................................... 44
special events booking.................................................................................................. 44
specified service........................................................................................................ 3, 8B
student................................................................................................................................ 3
surcharge........................................................................................................................... 3
surge pricing........................................................................................................ 35ZV(1)
TRPS authorised officer.......................................................................................... 40(1)
unauthorised purpose................................................................................................. 35Z
unit of competency TLIC2040...................................................................................... 3
visual, audiovisual or audio recording......................................................................... 3
voucher................................................................................................................. 35ZO(1)
wheelchair accessible vehicle........................................................................................ 3
wheelchair accessible vehicle booking................................................................. 29(1)
WorkSafe Commissioner........................................................................................ 37(1)
X%.............................................................................................................................. 48(1)
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0
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