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ROAD TRANSPORT (TAXI INDUSTRY INNOVATION) LEGISLATION AMENDMENT REGULATION 2016 (NO 1) (NO 20 OF 2016)
2016
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT (TAXI INDUSTRY INNOVATION) LEGISLATION AMENDMENT REGULATION 2016 (No 1)
SL2016-20
EXPLANATORY
STATEMENT
Circulated by authority of
Shane Rattenbury
MLA
Minister for Road Safety
ROAD TRANSPORT (TAXI INDUSTRY INNOVATION) LEGISLATION AMENDMENT REGULATION 2016 (No 1)
New technologies and processes for providing on-demand transport have
presented additional and compelling consumer choices to Australians. The ACT
Government has responded by developing regulated frameworks through which travel
modes such as rideshare – one of the new forms of on-demand travel –
may serve Canberrans within the context of community safety, sustained consumer
choice and competition, and long-term industry viability and
equity.
Commencing on 30 October 2015 regulatory reform of the
industry was undertaken with two planned phases. Interim arrangements are in
force across Phase 1, until legislative reforms are in place, for Phase 2.
This phase allowed the entry of new business models into the on-demand
industry (specifically ridesharing and its associated participants), subject to
strong baseline safety requirements, such as driver and vehicle accreditation,
and specific insurance coverage. Certain elements of rideshare fares were
restricted during extraordinary events.
This phase also introduced the
transport booking service (TBS), an entity that can provide
booking services of one or more travel modes, including rideshare, taxi and hire
car service. The responsibilities and behaviour of the TBS are established
through service agreements between the road transport authority and
TBS.
Regulation amendments providing conditional exemptions enabled the
commencement of Phase 1, see the Road Transport (Public Passenger Services)
(Exemptions) Amendment Regulation 2015 (ACT). To promote competition, key
fees for the taxi and hire car industry were lowered through relevant
instruments.
This phase introduces an amended regulatory framework for the on-demand
public transport industry that builds on structural, operational, competition
and safety themes from Phase 1.
The framework sees several important
themes:
• The Transport Booking Service (TBS) forms a central and flexible regulated entity through which important aspects of booking activity are regulated and monitored.
• A hierarchy of roles and obligations of operators, drivers and transport booking services. This is a reflection of potential industry risks, but it also enables potentially more streamlined processes for becoming and remaining accredited and licensed for participation in one or several service delivery modes.
• The consumer experience is essential, and this is supported through encouragement of new market choices, sustainable competition, and prescribed means of consumer feedback.
• Competition remains a central focus of the reforms, as operators and drivers have regulated choices on modes of service to provide, with risk-based regulatory requirements.
• Safety remains a primary objective of the reforms, as expressed
through well developed and defined accreditation, licensing and reporting
requirements.
The regulation framework for the market is provided by the Road Transport (Public Passenger Services) (Taxi Industry Innovation) Amendment Act 2015
. This regulation and related instruments distinguishes between booked
services and off-street solicited services (that is, ‘rank and
hail’). Booked services can be provided by taxis, hire cars and
rideshare, with information available in the booking process supporting consumer
outcomes and safety. Whereas, taxis retain sole access to rank and hail
services, with services, vehicles and drivers subject to additional requirements
to support public safety and accessibility.
Within the booked
services component of the market, the legislative framework distinguishes
between those operators, drivers and vehicles permitted to operate independently
and those that must be affiliated with a TBS.
Phase 2 of the reforms also introduces new features to the on-demand
industry.
The responsibilities and associated offences of the TBS are
specified further through regulation as they relate to accreditation, licensing,
record-keeping, contracting of affiliated parties and fare
setting.
Rideshare is recognised through accreditation and licensing
requirements of rideshare vehicles and rideshare drivers. Rideshare is subject
to operation only via a TBS, which provides booking and potentially
record-keeping functions to rideshare drivers and operators.
Regulation
of fares involves maintaining current arrangements of maximum regulated fares
for taxis, while restricting components of the negotiated fares of hire cars and
rideshare in specific circumstances (for example, in formally declared
emergencies).
With Phase 2, the Independent Taxi Service Operators become
a permanent form of taxi service, with the ability to operate without a
third-party booking service. Regulation affords independent taxi operators and
drivers commercial flexibility to pursue affiliation with a TBS, or to generate
income from rank-and-hail or direct bookings.
Phase 2 sees the
introduction of a ‘waiting list’ process for issuing taxi operator
licences (as compared to the current ad hoc ballot system). Its aim is to
increase the certainty of, and lower the wait-time for, receiving an
operator’s license, thereby enabling the supply of taxis to be more
consistent (subject to certain regulatory settings on taxi supply).
The
ACT Government will also regulate a five per cent cap on electronic payment
surcharges in taxis. Similar payments for hire cars and taxis will be regulated
by the Reserve Bank of Australia and enforced by the Australian Competition and
Consumer Commission.
A number of prescriptive regulations, for example those governing driver
dress and cleanliness, are removed and left as commercial decisions for
operators to make in a market with greater opportunity for competition. This
supports the emphasis on a regulatory framework focusing on public safety,
accessibility and market outcomes.
Discrete requirements that do remain
for the industry will be found in minimum service standards and driver skill and
knowledge requirements that apply across taxi, hire car and rideshare services.
These requirements have been amended to focus on accessibility and outcomes
rather than process to allow for innovation and reduce unnecessary regulatory
costs.
Other matters will be addressed outside of this regulation
through compliance with existing regulatory requirements at various levels of
government. For example, information privacy, work health and safety, and
driver road behaviour.
The Wheelchair accessible taxi (WAT) service, including the booking
process, is deemed to have made a sound contribution to the transport of ACT
citizens living with disabilities. WAT vehicle service and associated booking
services therefore remain fundamentally unchanged, with the exception that the
requirements and performance of WAT transport booking service (WTBS)
which will be delivered and governed through the more effective use of a service
contract with the road transport authority.
HUMAN RIGHTS
Offences related to amendments in this Regulation include new strict liability offences for TBSs, bookable vehicle operators and drivers engaged in public passenger services:
• providing services when persons or vehicles are unlicensed or unaccredited;
• persons pretending they (or vehicles used) are licensed, accredited or affiliated;
• non-compliance with conditions, requirements or directions;
• improper or incomplete reporting and record keeping;
• operation and interference with equipment, including security camera;
• incorrect fares or payment processes for services;
• offensive behaviour or actions by service providers and
passengers.
These may be seen as engaging rights under the Human Rights
Act 2004 (the HRA) in relation to criminal proceedings (presumption of
innocence until proven guilty). Section 22(1) of the HRA provides that everyone
charged with a criminal offence has the right to be presumed innocent until
proven guilty according to law.
A strict liability offence under section
23 of the Criminal Code 2002 means that there are no fault elements for
the physical elements of the offence to which strict liability applies.
Essentially, this means that conduct alone is sufficient to make the defendant
culpable.
Section 28 of the HRA provides that human rights are subject only to reasonable limits set by laws that can be demonstrably justified in a free and democratic society. Section 28(2) of the HRA provides that in deciding whether a limit on a human right is reasonable, all relevant factors must be considered, including:
a) the nature of the right affected;
b) the importance of the purpose of the limitation;
c) the nature and extent of the limitation;
d) the relationship between the limitation and its purpose; and
e) any
less restrictive means reasonable availably to achieve the purpose the
limitation seeks to achieve.
a) Nature of the rights affected
The strict liability offences
arise in the regulatory context where the sanction of criminal penalties is
justified by outcomes such as public safety, consumer confidence and ensuring
that regulatory schemes are observed. The offences also arise in a context where
defendants can reasonably be expected, because of their business operations and
regulated nature of their work, to know the requirements of the law. It is
incumbent on this industry, which provides a direct service to the public,
including vulnerable people and people living with a disability, for drivers and
operators to know and understand their regulatory requirements under the law.
This is in the interests of everybody’s safety and the integrity of the
on-demand public passenger industry.
The rationale is that persons who
carry out a business of public passenger transport can be expected to be aware
of their duties and obligations to the wider public. While the operation of
rideshare services may involve persons using private vehicles to provide
services, there is a clear decision to conduct a business and enter into
arrangements with a transport booking service to derive income.
b) Importance of the purpose of the limitation
The use of strict
liability offences for parties under the Regulation can be justified on the
basis that offences will apply to people who choose to engage in regulated
activity involving members of the public, undertaken on public roads and are on
notice that they are operating in a regulated context. Further, members of the
public would also be engaging in transactions that require the effective
identification of persons and vehicles to support their safety, health and for
some members of the public to access vital services and the broader community.
This Regulation sits within a regulatory context and people and
companies who undertake activities under an authority will be aware of their
responsibilities and obligations in relation to the permit or licence.
Compliance with the provisions of the Regulation is important to ensure the
safety and access to the community of public passenger transport and the
integrity of licensing and accreditation requirements. Further, under the
legislative framework, industry participants, and in particular drivers, are
required to have minimum skills and knowledge including work, health and safety
laws, disability awareness and the requirements of the Discrimination Act
1991. Additional guidance to drivers is provided by government and the
regulator in terms of compliance and expectations.
c) Nature and extent of the limitation
Applying strict liability to
provisions within the Bill can be considered a reasonable limit set by law that
will assist in achieving the policy objectives. An individual’s rights
and freedoms have, in some cases, been slightly fettered on the basis that it is
in the wider public interest that the businesses be properly regulated. Any
restrictions or impositions applied to individual rights have been chosen on the
basis that they are necessary and that they represent the least restrictive
approach possible in order to achieve the policy objective.
The penalties
for offences are within the normal range for strict liability offences. Where
similar offences already exist in the Road Transport (Public Passenger
Services) Regulation 2002 (for example, section 210 – Offensive
behaviour or language in hire cars) the penalties for the new offences are
comparable.
The inclusion of strict liability clauses for lesser offences
in the Regulation will support the application of an infringement notice scheme.
Infringement notice schemes minimise the cost of litigation for the Territory
while offering registrants a choice concerning whether to accept a lesser
penalty without admitting the offence or to remain liable to prosecution.
Under the Criminal Code, all strict liability offences have a specific
defence of mistake of fact. Subclause 23(3) of the Criminal Code makes it clear
that other defences may still be available for use in strict liability offence
cases. The general common law defences of insanity and automatism still apply,
as they go towards whether a person has done something voluntarily, as well as
whether they intended to do the act.
d) Relationship between the limitation and its purpose
The reforms
within the Regulation aim to support measures in the Road Transport (Public
Passenger Services) Amendment Act 2015 to reduce regulatory barriers to a
competitive and level playing field for market participants while supporting
protection of the community standards. The Government considers that the strict
liability offences contained in this Bill are relevant to the policy objectives
of minimising the risk of harm to the community, which is demonstrably
justifiable and reasonable. The community expects that, regardless of what
types of business people engage themselves in, they must operate to a
community-acceptable standard.
e) Less restrictive means
It
is not considered that there are any less restrictive means to achieve the
purpose of the reforms. Similar provisions already exist in the Road
Transport (Public Passenger Services) Regulation 2002.
The regulatory impact of the reforms is described in the following publicly
available materials:
• Modelling of policy scenarios for the ACT
on-demand transport sector, Final Report (August 2015)
• Taxi
Industry Innovation Review – Supporting Analysis (September
2015).
CLAUSE NOTES
Clause 1 Name of regulation
This regulation is the Road Transport (Taxi Industry Innovation) Legislation Amendment Regulation 2016 (No 1).
Clause 2 Commencement
The regulation commences with the Road Transport (Public Passenger Services) (Taxi Industry Innovation) Amendment Act 2015
on 1 August 2016.
Clause 3 Legislation amended
This regulation amends the Road Transport (Public Passenger Services)
Regulation 2002 and other relevant legislation.
The note for offences against regulation is updated to account for changes to offences under the Criminal Code 2002 from the amendments provided in the regulation.
Part 2.1 Meaning of regulated service
Part 2.1A Accreditation
Clause 9 Part 2.2 heading
Clause 10 Sections 6 and 6A
These sections are omitted as
definitions are relocated for drafting purposes.
Clause 11 Section
6B heading
Clause 12 Section 6B
The meaning of relevant person
retained and extended from operating for part of the regulation to operate for
the entire regulation.
Clause 13 Section 7 (1), note
This
clause provides a technical amendment outlining the requirements for approved
forms and inserting a section reference to a note on fee
determinations.
Clause 14 Section 7 (2)
Clause 15 Section 7
(5)
Clause 16 Section 7 (6), new definition of police
certificate
Clause 17 Section 8 (1)
Clause 18 Section 8
(2) (c)
Clause 19 Section 9 (1) (b)
Clause 20 Section 12
(1)
Clause 22 Sections 13 and 13A
Clause 23 Section 14 (1)
(c)
Clause 24 Section 14 (1), new example 6
Clause 25 Part
2.3 heading
Clause 26 Section 18B
Clause 29 New Part 2.3
Part 2.3 Service standards
Clause 31 Section
33
Accreditation processes for regulated services have been amended to
replace previous arrangements involving accepted service standards with the
administratively more straightforward ability for the Road Transport Authority
(the Authority) to set (minimum) service standards (section 20B).
Failure to comply with the service standards is subject to strict liability
offence provisions with a maximum penalty of 20 penalty units (section
20C).
Sections 20B and 20C provide for the Authority to determine
(minimum) service standards in disallowable instruments, through which safety
and service standards are (more uniformly) prescribed by the regulator across
all modes of on-demand travel; and the removal of accepted service standards to
reduce steps in the regulatory process and focus on key prescribed outcomes.
Refer to Schedule 1, Service Standards.
Application requirements for
accreditation are to include details of applicant, addresses for service and
contact details. The provision of information regarding an applicant’s
criminal history are redrafted to update references to police certificates
(sections 7(2)(d) and 7(6)). Applicants must still be suitable persons but may
now also include individuals who are temporary residents with appropriate visa
conditions (section 8(1)).
The Authority will no longer have to
determine the financial capacity of applicant to provide the regulated service.
Financial arrangements at a point in time may not be reflective of a
person’s capacity to successfully operate a viable business. These
changes also recognise the actions toward promoting competitive forces in the
on-demand public transport market.
Section 33 is omitted as its operation
duplicated offences for compliance with service standards under section
20C.
Clause 21 Section 12(4)
This clause affirms a consistent
period (up to six years) for accreditations to operate regulated services under
the Regulation. In doing so, the period for accreditation of bus services is
increased (from three years) and the period of accreditation applies to
ridesharing services.
Clause 27 Section 19 (1)
Clause 28 Section 20
A range of clauses perform technical changes
to provisions to account for:
• the introduction of ‘transport booking services’ and ‘ridesharing services’;
• the removal of the ‘restricted taxis’ as a kind of taxi
– see section 5 of the regulation as amended.
Clause 30 Section
28 (1) (a)
Reporting requirements for bus are revised with the need to
keep records reduced from 4 years to 2 years consistent with requirements
for other public passenger services under the regulations.
Clause
32 Section 46 (2), note
The meaning of bus ticket has been
included in the Dictionary to improve readability of
provisions.
Clause 33 New Chapter 3A
This chapter reflects the introduction of the TBS to the on-demand
transport framework, and its similar roles across the operation of affiliated
taxis, hire car and rideshare services.
The chapter describes
requirements of the TBS, and affiliation requirements to the TBS. It also
describes regulated aspects of fares, information to be provided to passengers,
and defines obligations regarding record-keeping.
Chapter 3A defines
the activities of WTBS to reflect the change in terminology with the Act.
Requirements remain generally unchanged with the exception of some further
recognition of the service contract mechanism by which they operate.
Section 70A Meaning of affiliated driver, affiliated hire
car driver and affiliated taxi driver
This section defines the
ways in which a driver (of various services) can be affiliated to a TBS,
recognising both the direct and indirect affiliations which are operating in the
market.
Section 70B Transport booking
service—must ensure affiliated drivers have required
knowledge and skills
This section requires that a TBS ensure that each
affiliated driver has the required skills and knowledge to provide services as
determined by the Authority (under section 221U). A strict liability offence
applies for a TBS failing to taking reasonable steps to do so.
This
represents a transfer of responsibility to industry as skills and knowledge
requirements are moved from the Authority’s public passenger licensing
process. This change will permit industry greater opportunity to develop and
implement training to meet market demands.
Section 70C
Transport booking service—must ensure bookable vehicle is
licensed
This section requires that a TBS ensure that each affiliated
taxi, rideshare and hire car driver and vehicle is appropriately licensed (and
hence, accredited and insured). The TBS, as intermediary to a hiring, must act
to ensure the bona fides of parties to transaction, and that supporting public
safety aspects are met.
There are no longer obligations on a taxi
network to affiliate with a licensed operator, as was the case with taxi
networks, leaving businesses to better decide their day-to-day
operations.
Section 70D Transport booking
service—must be available to take bookings
New
section 70A provides that a TBS must take reasonable steps to ensure their
booking service is available at all times to accept taxi and/or rideshare
bookings and communicate these to affiliated drivers. This is consistent with
prior arrangements which had operated for taxi networks. Failure to reasonably
ensure availability is subject to a strict liability offence reflecting the
Territory’s need to access on-demand transport services.
TBS are
not, however, required to ensure that affiliated vehicles and drivers
individually or collectively have similar availability. It is intended that
commercial arrangements and competitive pressures will act to adjust service
supply to meet demand across different times of day and the year.
Section 70E Transport booking service—must give
fare estimate and vehicle identifier
When a TBS communicates a booking
from a prospective passenger, they must provide that an estimate of the fare is
made available where a regulated maximum fare does not apply. A TBS must also
provide sufficient information for the person to identify the bookable vehicle
and driver for the hiring. (Taxis are not included in the identification
requirement because they operate with signs and livery.)
This
information helps support effective price competition and public safety outcomes
by assisting the hirer to make an informed choice about the booked journey.
Failure to provide this information is subject to a strict liability offence
reflecting the consumer and public safety.
This division outlines the record-keeping requirements for a TBS. This
includes keeping, maintaining and providing to the Authority, a police officer
or a member of an emergency service (upon request), information relating to
affiliated drivers, affiliated operators and bookable vehicles. This
information includes details that support public safety and consumer confidence
by promoting the ability to identify parties, and that their accreditation and
insurance arrangements are appropriate and maintained.
Where a TBS
has provided an affiliated driver or affiliated operator record to the
Authority, the Authority must in turn provide certain further information about
the driver or operator to the TBS (for example, the suspension or cancellation
of a driver’s public vehicle licence).
This division also requires
a TBS to create and maintain records of its booking activities and keep these
for at least two years after the date the booking was carried out. The TBS must
provide a booking record to the Authority, a police officer or a member of an
emergency service upon request. This information supports public safety by
allowing authorities to investigate matters in the event of an incident or
accident.
Offence provisions apply for breaches of these requirements
commensurate with the need to be able to effectively enforce public safety and
consumer interests through the availability of information to the
regulator.
Reforms to on-demand transportation see booking service obligations of WTBS
remain mostly unchanged. This arrangement accords with the policy objective of
retaining WAT service as a critical service to those living with disabilities,
and retaining its current performance standards.
To support more
efficient regulation of this service, the regulations recognise the mechanism
through which a WTBS is best regulated is through a service contract.
Section 154J is omitted as the need for WTBS service standards duplicates
requirements specified through service contracts (section 70P refers).
This section continues the requirement for booking services (previously taxi networks) to direct requests for a WAT vehicle through a centralised booking service.
This section continues the offence for booking services (previously taxi networks) failing to direct requests to a WAT (where available) and in circumstances where there is no centralised booking service (WTBS).
Section 70Q WTBS—entitlement to operate
The ability for the Authority to enter into service contracts with a
centralised booking service for WAT services and the related entitlement for the
booking service to operate has been amended to account for the introduction of
transport booking services. This includes the continuation of an offence for
operating the booking service without entitlement.
The Authority also
maintains its ability to exempt a centralised booking service for WAT services
from provisions of the Act but the regulation has been updated to account for
transport booking services.
The Authority may approve the procedures and rules for the WTBS which operators and drivers will be required to comply via a notifiable instrument. This is consistent with previous arrangements for taxi networks providing WAT centralised booking services.
The offence for failure of a WAT centralised booking service is redrafted to account for the introduction of transport booking services.
This division provides for independent taxi services operators (ITSO), which
is based on a previous pilot program that operated via a conditional exemption
under the Act.
This provides taxi operators (and their affiliated
drivers) the opportunity to provide rank and hail or receive direct booking
services, without a need to affiliate with one or more TBS.
Section
71 ITSO approval—application
Section 72 ITSO
approval—eligibility criteria
Section 73 ITSO
approval—decision on application
Accredited taxi
service operators may apply to operate on an independent basis. Eligibility
requirements are specified in a notifiable instrument by the Authority. Based
on the earlier trial arrangements such criteria may involve a minimum period of
accreditation through which an operator has demonstrated a consistent record of
providing a good customer service and compliance with the vehicle standards for
operating a taxi.
Timeframes for decision making are consistent with
other Authority decisions through the Regulation.
Section 74 ITSO
approval—conditions
Additional conditions may be placed on ITSOs
including specific service standards. These would be expected to account for
some of the roles performed by a TBS, such as the keeping of specific
records.
Section 75 ITSO approval—term
Section
76 ITSO approval—not transferable
Section 77 ITSO
approval—application for renewal
Section 78 ITSO
approval—decision on application for renewal
As with other
accreditations under the Regulation, the term of an ITSO approval is limited to
six years. An ITSO is not transferable and so cannot be traded or subleased.
An ITSO may apply for renewal of accreditation.
These clauses provide for the further administration of ITSO accreditation by
allowing parties to obtain an accreditation document in the event it is lost,
stolen or destroyed, or to cease their accreditation status.
Section
80 ITSO approval—must update name and address
To
maintain the currency of contact details for approved ITSO holders and support
compliance and enforcement activity by the road transport authority, failure to
advise changes will be an offence. The offence arrangements are consistent with
those for other accreditations throughout the regulation.
These amendments in this division see the introduction of a new process
for obtaining standard and WAT taxi licences.
A policy objective of the
reforms is to improve the means by which taxi licences are obtained in order to
improve overall entry and exit of taxi operators and casual drivers from the
industry. Accordingly, the process of periodic releases of standard and
wheelchair accessible taxi licences through a ‘ballot’ process is
replaced by a continual application and granting process, known as a
‘waiting list’ process.
Section 82 Kinds of taxi licences
This section revises the
terminology to account for the removal of definitions for restricted taxis and
restricted taxi licences. Perpetual and transferable leased taxi licences are
also retained and defined consistently with prior definitions.
Section 83 Meaning of pre-approval for standard or
wheelchair-accessible taxi licence—pt 4.2
Section 84 Taxi
licence waiting list
Section
85 Pre-approval—application
Section
86 Pre-approval—decision on application
Section
87 Pre-approval—form
Section
88 Pre-approval—term
Section 89 Pre-approval—not
transferable
Section
90 Pre-approval—surrender
Section 91 Pre-approval
register
These provisions prescribe how an applicant may obtain a taxi
licence through the new ‘waiting list’ process.
Specifically, the Authority may grant eligible applicants pre-approval
for a taxi licence/s (standard or wheelchair accessible), and place them on a
waiting list in the order that the pre-approval was granted. Pre-approvals come
into force on the date of issue and will operate for two years.
When a
(single) licence is issued to a person with pre-approval for multiple licences,
the pre-approval holder moves to the bottom of the waiting list for further
licences. This is to distribute the opportunities for different parties to
obtain licences.
Eligibility for pre-approval mirrors certain
requirements for the holding of a taxi licence, including residency and for a
WAT vehicle’s suitability to provide services to people with disabilities.
As with government-owned taxi licences pre-approvals would not be
transferrable. The Authority would maintain a waiting list in order to support
the effective allocation of licences, while also maintaining a register of
pre-approvals.
Section 92 Standard and wheelchair accessible taxi
licences—availability
Section 92A Standard and wheelchair taxi
licences—notice of availability
The availability of taxi licences
for the waiting list under the regulated maximum number of taxi licences may be
subject to determination by the administering Minister via a notifiable
instrument. This is intended to allow for circumstances where the regulated
maximum number of licences remains appropriate for the market overall but a
mechanism is required to place unallocated taxi licences into the market in a
way that does not unduly disrupt the market. For example, there may be a need to
adjust the release of unallocated taxi licences in the transition to the list
system or if there is a determination to change the maximum number of taxi
licences.
At the time a licence becomes available, the first ranked
holder of a pre-approval on the waiting list may apply for the government-owned
taxi licence.
The Authority must provide timely notice of the
availability of a licence to the appropriate person on the waiting list. The
person may then make an application for the taxi license.
Section
92B Standard and wheelchair taxi licence—application
Section
92C Standard and wheelchair taxi licence—
decision on
application
Section 92D Standard and wheelchair taxi
licence—time for decision on application
Section 92E Standard
and wheelchair taxi licences—conditions
Section 92F Standard
and wheelchair taxi licences—term
Section 92G Standard and
wheelchair taxi licences—form
Section 92H Standard and
wheelchair taxi licences—transferability—Act, s 41
The
further application for a standard and wheelchair taxi licence at the time they
become licensed focuses on any matters that may have been changed from that
advised under the pre-approval.
In making a decision on the application,
the Authority must be satisfied that the applicant is an Australian citizen or
holds an appropriate immigration status (as applicable), is accredited to
operate the relevant taxi service, is not subject to disqualification and has an
appropriate vehicle. For WAT licences there is also an experience criterion.
The Authority may determine additional eligibility criteria, and seek additional
information necessary for a decision. For example, additional eligibility
criteria may include limits on the number of licence holdings to support the
operation of the market.
The Authority must, not later than in a
required time, provide a decision on the application, tell the applicant of the
decision, and issue the license. The required time is 60 days for a standard
license and 120 days for a WAT license. The Authority may determine guidelines
for any delay in deciding an application by notifiable instrument.
While
pre-approvals may operate for multiple licences, only one licence may be issued
to an applicant at a time. After obtaining a licence the applicant will return
to the waiting list queue for further licences. This is intended to support a
diversity of ownership and support the actions to prevent potential hoarding or
market capture by an applicant (and their associates).
Standard and WAT
licences are subject to conditions requiring the taxis to be available for
regular hire and priority hiring to wheelchair-dependent person for a wheelchair
accessible taxi. The Authority may impose further conditions on
licences.
Persons failing to comply with licence conditions will commit
an offence and may be subject to disciplinary action under Chapter 8 of the
regulation, including suspension, disqualification or cancellation.
Matching accreditations in the Regulations, the term of taxi licences is
up to six years. The form of licence is specified in the regulations to include
details of the licensee and licence identifiers and expiry.
Standard and
WAT licences are not transferable.
Subdivision 3A.2.2.3 Taxi
licences generally
Section 92I Taxi licences—amendment
initiated by authority
Section 92J Taxi licences—amendment
initiated by licensee
Section 92K Taxi licences—application for
renewal
Section 92L Taxi licences—decision on application for
renewal
Section 92M Taxi licences—replacing when lost, stolen
or destroyed
Section 92N Taxi licences—must be produced for
inspection
Section 92O Taxi
licences—surrender
Section 92P Taxi licences—must update
name and address
The mechanical arrangements for the operation of the
taxi licensing are consistent with previous arrangements, including prescribed
timeframes for decisions, forms and arrangements for amendment, replacement,
renewal.
In the event of surrender of a taxi licence there is the
addition of an automatic disqualification from applying for a taxi licence for a
period of two years. This provision is to mitigate fluctuations in taxi supply
from persons entering the industry and taking up licences for short periods.
Combined with operating conditions on licences (section 92E) these measures are
to promote consistency and availability of taxis to supply the market.
Offences continue to operate to support compliance and enforcement, such
as for the production of licences on request by a police officer, and
maintaining current details. When the Authority receives notice of any change
in details, they must be included on the licence.
Clause 38 Sections 93 and 94
Section 94 Taxi service
operator—must tell authority about affiliation
Maintenance of taxi
requirements and responsibility for the condition of a taxi previously under
sections 93 and 94 of the Regulation are now provided for under taxi service
standards. Aspects relating to customer service which can be delivered through
competition – such as cleanliness of a vehicle – are no longer
regulated and should be addressed as commercial matters.
Only
standard and wheelchair taxi operators that hold ITSO approval (Division 3A.2.1)
are not required to be affiliated.
To reflect the new framework that
includes the TBS and the ability to have multiple affiliations, taxi operators
must report their affiliations to support identification of possible parties to
a hiring and compliance activity in the market. ITSO operators may also need to
report affiliations, as while they may operate without a TBS they are not
prevented from affiliating where desired.
Offence against this section is
subject to a strict liability offence of five penalty units.
Clause
39 Section 97 Taxi service-operator—drivers to be licenced and
skilled
Clause 40 New section 99 (1) (ba)
These sections
provide a strict liability offence if a taxi service operator does not take
reasonable steps to ensure that each affiliated driver is either licensed or
exempt from licensing.
Consistent with requirements for TBS (section
70B), taxi service operators that are holders of ITSO approvals must also ensure
the skills and knowledge of drivers to provide services as determined by the
Authority (under section 221U). A strict liability offence applies for failing
to taking reasonable steps to do so.
Clause 41 Section 99 (4) and
(5)
Offences for failure to keep records of changes in a driver’s
licence or exemption status by an operator are removed in favour of an offence
for the act of providing a vehicle to a driver who is not licensed or exempted
(section 97 of the Regulation refers).
Clause 42 Section 100 (1)
(a)
Clause 43 Section 100 (4), note
Regulatory costs
associated with record keeping requirements are reduced by reducing holding
times from four to two years, in line with similar requirements in New South
Wales.
A technical amendment is made to the note to subsection
100(4).
Clause 44 Section 101
Requirements for taxi operators
to be affiliated with booking services (previously under 101(1)) are now
provided by section 71 of the amended Regulation.
To reflect changes in
technology generally and the different types of technology used by various
booking business models, taxi operators will no longer be required to use
specific and prescribed equipment for communicating with a TBS reflecting a
technology neutral approach to the framing of the regulatory requirements.
There exists a commercial incentive for all parties (TBS, operator and drivers)
for drivers to be able to receive bookings effectively and
efficiently.
Clause 45 Section 101A
Clause 46 Section 101A
(1), note
These clauses are a technical amendments to reflect the new
definition for TBS.
Clause 47 New section 101B
Section
101B Wheelchair accessible taxi operator—WTBS’s approved
procedures and rules
This section carries over a previous offence
(previously section 125) for operators not complying with WAT booking service
procedures and rules for booking and hiring WAT.
The maximum penalty is
increased to 20 penalty units to align with the potential harms to consumers
from any failure to meet requirements.
Clause 48 Sections 103 to
108
Section 107 Taxis must have identifying signs and
livery
In lowering the prescriptive level of regulation, taxi operators
will not have requirements in relation to air conditioning systems in their
vehicles (other than for WAT vehicles via prescribed service standards). The
intention is that increased competition will remove the need for government
intervention into how businesses address basic aspects of customer service.
Child restraint anchorage provisions revert to general Australian Design
Rule requirements for such anchorage points.
Under the new section 107,
requirements to have livery and other signage identifying vehicles as taxis
individually approved by the Authority are omitted. The Authority may now
determine a common set of requirements.
Failure to meet those
requirements is a strict liability offence.
Offences relating to
offensive material and advertising on taxis previously under section 108 are now
incorporated in common requirements for bookable vehicles (section 221R
refers).
Clause 49 Section 109 (1) (c)
Clause
50 Section 109 (3), example 1
Clause 51 Section
109 (4)
These clauses provide technical amendments to section 109
reflecting the introduction of TBS and changes to livery requirements (under the
new section 107).
Clause 52 Section 110 to 112
Requirements
for taxi uniforms are removed in line with reductions to prescriptive regulatory
requirements and to recognise the potential for drivers to have multiple TBS
affiliations.
Provisions for lost property procedures are to be
incorporated in service standards for the respective bookable vehicles services.
Non-compliance notices are now incorporated in common requirements for bookable
vehicles, see section 221S.
Clause 53 Division 4.3.2
heading
Subdivision 3A.2.3.2 Taxi drivers
Clause 54 Sections 113
to 121
Section 114 Wheelchair accessible taxi driver—special
responsibilities
Section 115 Wheelchair accessible taxi
driver—connection to WTBS
Section 116 Wheelchair accessible
taxi driver—WTBS’s procedures and rules
Requirements for
clean and tidy vehicles are no longer regulated, as these are considered
commercial matters for industry participants. Consumers are encouraged to take
the opportunity to reject taxis and other bookable vehicles that do not meet
basic service expectations, and lodge complaints or feedback as
appropriate.
Clause 55 Sections 125 to 126
Provisions
relating to WAT driver responsibilities have been co-located and updated to
reflect the introduction of TBS.
Previous section 125A relating to the
approval of WCBS procedures is now located at section 70S of the amended
Regulation. It has been simplified and reference to TBS
incorporated.
Use by a driver of a taxi subject to a non-compliance
notice is now incorporated in common provisions for bookable vehicle drivers,
see section 224 of the amended Regulation.
Clause 56 Division 4.3.3
heading
Subdivision 3A.2.3.3 Taxi hirings
Clause 57 Section
127A (1) (c) to (e)
Section 127A(1)(c) to (e) is subject to
technical amendments related to movement or renaming of related sections.
Section 27B Meaning of fare—ch3A
The meaning of fare
for the hiring a taxi has been relocated from the dictionary to under Chapter 3A
‘Bookable vehicles’ and revised to account for the introduction of
transport booking services and revised arrangements to permit cross-border
bookable vehicle services between the ACT and New South Wales, see new
Division 3A.5.3.
Clause 59 Section 128
The offence for the
soliciting of taxi passengers is now incorporated in a common provision for
bookable vehicle drivers not to tout for passengers, see section
222.
Clause 60 Section 129 heading
Section 129 Wheelchair
accessible taxi driver—must preferentially accept hirings for
wheelchair-dependent people
Clause
61 Section 129 (1)
Clause 62 Section
129 (2)
Clause 63 Section
129 (3)
Clause 64 Section 129 (4) to
(6)
Prompt acceptance of hirings is no longer
a regulated requirement but a commercial matter of customer service. Other
changes to section 129 reflect technical amendments reflecting changes to
referenced provisions.
Clause 65 Section 130
Directions by
police officers or authorised persons to taxi drivers are now included under
common provisions for bookable vehicle drivers at section 225 of the amended
Regulation.
Clause 66 Section 131 (1)
The prompt carrying out
of hirings is no longer a regulated requirement but a commercial matter of
customer service subject to competitive forces in the market.
Clause
67 Section 131 (2)
Clause 68 Section 131 (2), new
note
Clause 69 Section 131 (3)
Clause 73 Section 140 (3)
(b) and note
Clause 76 Section 142A (1) (a)
Clause
77 Section 142A (1) (a) (ii), new note
References to ACT taxi region are
revised to ACT region (as defined under section 221N) to recognise the potential
application of cross-border public passenger transport arrangements to bookable
vehicles beyond taxis.
Clause 70 Sections 133 to 135
Regulation
of where taxi drivers must stop is now provided under common provisions for
bookable vehicle drivers at section 221Y. Similarly, requirements regarding the
carriage of goods are now specified at section 221V.
The previous offence
relating to the operation of a taxi roof sign is removed and is now a matter of
commercial practice.
Clause 71 Section 136 (2)
Clause 72 Section 138 (1)
(a)
Clause 74 New section 140A
Section 140A Meaning of
multiple hiring of a
taxi—subdiv 3A.2.3.3
Clause
75 Section 141
These amendments are technical changes for
section references or titles, and drafting clarity to sections relating to
multiple hirings of taxis.
Clause 78 Section 143A
(3) (b)
Clause 79 Section
143A (4) (b)
Clause 80 Section
144B
Section 144B Payment under taxi subsidy scheme
These
provisions update references to the taxi subsidy scheme to refer generally to
statements rather than the specific forms of payment, that is
‘vouchers’ which are no longer used. The reference to statements
also is reflective of section 337 of the Criminal Code 2002.
Clause
81 Division 4.3.4 heading
Subdivision 3A.2.3.4 Conduct of taxi
passengers
Clause 82 Sections 146 and 149 to 154
Conduct of
taxi passengers under omitted sections 146 to 154 is provided under common
provisions for bookable vehicle passengers at Division 3A.5.6.
Clause
83 Division 4.3.4B
Provisions previously relating to WAT centralised
booking services (now WAT Transport Booking Services or WTBS) are relocated
under Division 3A.1.3 of the amended Regulation.
Clause 84
Division 4.3.5 heading
Subdivision 3A.2.3.5 Other matters relating to taxi
services
Clause 85 Sections 155 to 157
The approach
to regulating NSW taxis under cross border arrangements is now provided at
Division 3A.5.3 ‘NSW bookable vehicles in the ACT’.
The
omitted sections 156 and 157 regarding the operation of security cameras in
taxis are provided under common provisions for bookable vehicles at Division
3A.5.1 ‘Bookable vehicles—security devices, etc’.
Clause 86 Section 158 (2) (c)
Clause 88 Section 162
(1)
Clause 89 Section 163 (1) (b)
Clause 90 Section
164
These clauses provide technical amendments for the omission of
restricted taxi terminology and definition of other terms.
Clause 87
Section 159
The offence for the interference with taximeters is now
incorporated within a offence for interfering with a security device, electronic
device or anything else related to such devices, see section 221E.
This new part allows for the regulation of ridesharing activity, a new
mode on-demand public transport, under a risk-based approach.
This division regulates the vehicles used in rideshare activity, and
encompasses licensing of vehicles, vehicle identification and certain vehicle
fittings and display requirements.
Section 164 Rideshare vehicle
licence—application
Section 164A Rideshare vehicle
licence—further information
Section 164B Rideshare vehicle
licence—decision on application
The application process for a
rideshare vehicle licence is prescribed by these sections, including the
eligibility requirements such as registration and roadworthiness of the vehicle
and suitability, and residency requirements for the licensee. The Authority may
request additional information as part of the decision-making process. The
elements required for licensing are consistent with other bookable
vehicles.
Reasons for refusing an application can relate to the
eligibility of the vehicle, the licensee or accreditation status of the
applicant or other disqualifications. Licence application arrangements are
consistent with those for other bookable vehicles.
Some vehicles are
excluded from ridesharing activity, such as ambulances and motorcycles, as the
nature of the vehicles listed is not consistent with practical provision of
rideshare services. The licensing arrangements for rideshare vehicles are
subject to separate licensing (from registration) due to the dual nature of the
use of the vehicles – comprising both private and commercial
activities.
Section 164D Rideshare vehicle licence—conditions
Section 164E Rideshare vehicle
licence—term
Section 164F Rideshare vehicle
licence—form
Section 164G Rideshare vehicle licence—not
transferable
Section 164H Rideshare vehicle licence—amendment
initiated by authority
Section 164I Rideshare vehicle
licence—amendment
initiated by licensee
Section
164J Rideshare vehicle licence—application for
renewal
Section 164K Rideshare vehicle
licence—decision on
application for renewal
Section
164L Rideshare vehicle licence—must update name
and
address
Section 164M Rideshare vehicle
licence—surrender
Section 164N Rideshare vehicle licence and
label—replacing
when lost, stolen or
destroyed
Rideshare vehicle licences may be subject to conditions imposed
by the Authority. It is an offence if a rideshare vehicle licensee does not
comply with the condition(s) of the licence.
As with hire car and taxi
licences, a rideshare vehicle license may have a term of up to six (6) years
with opportunity for renewal. A rideshare vehicle licence is not transferable.
The conditions and processes of rideshare vehicle license renewal, amendment or
replacement are also similar to those for hire cars.
These provisions
also provide for the inspection of vehicle licences, their surrender, and
updating of address-change details, both by the licensee and the Authority to
support compliance and enforcement activity.
Section 164C Rideshare
vehicle licence—licence labels
Section 164O Rideshare vehicle
licensee—must make label
available to rideshare
driver
Section 164P Rideshare vehicle licensee—must not
advertise
ridesharing
Rideshare vehicles may undertake both
private and commercial activity. It is necessary to identify a vehicle is being
used for rideshare purposes to support compliance and enforcement activity as
there are additional obligations and requirements on the driver operating the
vehicles. For example, a rideshare driver will be operating with the blood
alcohol concentration required of a public vehicle driver (BA 0.0), and a
rideshare vehicle may also access loading zones for pick up or drop
off.
The means of identification of a rideshare vehicle may be agreed by
the Authority (and for example, with a TBS); which the driver must then comply
with (see sections 164S and 164T as amended).
Otherwise a default
position is provided with a rideshare vehicle licensee to be issued with a label
by the Authority for vehicle identification purposes. The label must be provided
to the driver for display on the vehicle when ridesharing activity is underway.
The label is intended to be removable for when the vehicle is in private use,
but allow for identification of the vehicle for regulatory purposes when in
service. Failure by a licensee to provide the label to a rideshare driver who is
to use the vehicle is an offence.
It is intended that the label will be
sufficiently to mitigate potential hailing of the rideshare vehicles. This is
further supported by an offence for advertising the vehicle for rideshare
services. Only rideshare hirings conducted through an affiliated transport
booking service afford the desired level of safety through knowledge of parties
to the transaction.
This division provides for the responsibilities of a rideshare driver,
including: licensing; bookings through transport booking services; vehicle
identification; and advertising.
Section 164Q Rideshare
driver—must hold appropriate driver
licence
A rideshare
driver must be appropriately licensed or subject to a relevant driver licensing
exemption. Failure to be appropriately licensed is subject to a strict
liability offence.
Section 164R Rideshare driver—must only
accept bookings
from accredited transport booking
service
This section provides a strict liability offence for a rideshare
driver who accepts booking hirings from parties other than an accredited TBS.
As discussed in relation to the identification of rideshare vehicles
(see sections 164C, 164O and 164P), this arrangement is a key safety element
supporting provision of the service.
Only taxis are permitted to
provide rank and hail services off the street, due to their extra safety
features such as livery and security cameras.
Section 164S
Rideshare driver—must display rideshare
vehicle licence
label
Section 164T Rideshare driver—must produce rideshare
vehicle licence and label for inspection
Section 164U
Rideshare driver—advertising
Consistent with obligations for
rideshare vehicle licensees, rideshare drivers must display a rideshare vehicle
licence label when providing rideshare services and not otherwise advertise
services.
Drivers must be able to produce licences and labels when
required for regulatory compliance and enforcement purposes.
Strict
liability offences apply for breaches of these requirements.
Clause 93 Part 5.1 heading
Division 3A.4.1 Hire car licences
Clause 94 Divisions 5.1.1
and 5.1.2 headings
Subdivision 3A.4.1.1 Kinds of hire car licences
Subdivision 3A.4.1.2 Hire car licensing
Clause 95 Division
5.1.2A heading
Clause 101 Division 5.1.3 heading
Subdivision 3A.4.1.3 Stand-by hire cars
Clause 102 Section
177A heading
177A Definitions—subdiv 3A.4.1.3
Clause
103 Section 177A
Clause 104 Part 5.2 heading
Division 3A.4.2 Hire car services
Clause 105 Divisions 5.2.1
and 5.2.2 headings
Clause 109 Division heading
The clauses
provide technical drafting amendments to headings within the part of the
Regulation.
Clause 96 Section 172 (3) and note
Clause
97 Section 173 (1) (b) and penalty
Clause 98 Section 173
(2)
Clause 99 Section 176 (1) note
Clause 100 Section 177
(4)
These clauses are technical drafting amendments to remove the concept
of the duplicate form of the restricted hire car licence. The regulation will
instead rely on reference to restricted hire car licences and the amendment will
not impact on compliance and enforcement activity.
Clause 106
Sections 179 and 180
Section 180 Hire car service
operator—must tell authority about affiliation
Requirements for the
maintenance and condition of hire vehicles are now attended to through service
standards for hire cars.
A hire car service must declare an affiliation
with a TBS. This will assist with effective compliance and enforcement, and is
consistent with similar requirements for taxis and rideshare services. Failure
to declare is a strict liability offence.
Clause 107 Section 181 Hire
car service operator—drivers to be licensed and skilled
Clause
108 New section 182 (1) (ba)
Clause 109 Section 182 (3) and
(4)
Offences for failure to keep records by a hire car operator on the
status of a driver’s licence or exemption to provide hire car services are
removed in favour of the reliance on the principal requirement for drivers to be
appropriately licensed or exempted (see section 181 of the
Regulation).
Clause 110 Section 183 (2) (a)
To reduce
regulatory costs, the period for records to be kept is reduced from four years
to two years consistent with other provisions of the
Regulation.
Clause 111 Section 183 (4),
note
Clause 112 Sections 185 and 188 to
196
Clause 113 Division 5.2.3 to
5.2.5
Clause 114 Division 5.2.6
heading
Clause 115 Sections 219 and
220
Requirements to display accreditation numbers are removed to align
with similar amendments to reduce unnecessary regulatory costs in the Red
Tape Reduction Legislation Amendment Act 2014.
Matters for security
equipment, offensive materials, lost property, non-compliance notices, carriage
of goods and animals are now dealt under a common provision for bookable
vehicles, see Part 3A.5.
Requirements in relation to hire car hirings and
the conduct of hire car passengers are now dealt with under common provisions
for bookable vehicles, see Division 3A.5.5.
Offences relating to
safe driving behaviour (such as under the section 202(1)(a) and (b)) are now to
be provided in service standards.
Customer service matters for hire car
driver relating to cleanliness of a vehicle (section 197), behaviour (section
202(1)(c)) and dress (section 203) are no longer regulated, as they are matters
of commercial practice.
There is a corresponding minor technical
amendment to omit the Division 5.2.3
heading.
Clause 116 Section 221 (2) and
(3)
These are technical drafting amendments to improve clarity as to the
operation of the section.
Clause
117 Section 221 (6) and note
The Authority’s authorisation of
vehicles for particular events and periods of time is no longer required to be a
notifiable instrument. This amendment supports the privacy and security
arrangements for events, such as visiting international or diplomatic
delegations. The amendment also reduces administration actions without
affecting the suitability of vehicles used for hire car purposes.
Part 3A.5 Bookable vehicles generally
This part
provides consolidated regulatory provisions for all bookable vehicle services
and covers matters relating to security equipment, fares, fees (including
surcharges), and other operational requirements. Bookable vehicles as defined in
section 29 of the Act include taxi, hire car and rideshare
vehicles.
Division 3A.5.1 Bookable vehicles—security devices,
etc
This division outlines arrangements for security devices in
bookable vehicles which to support public and driver safety.
Section
221A Definitions—div 3A.5.2
This clause inserts definitions for
security devices in bookable vehicles by recognising current practices involving
the use of Global Positioning System (GPS) tracking, duress alarms and security
camera equipment.
Noting the availability of security features through
the use of smartphones, the regulation changes identify arrangements for when
such devices are considered to be fitted for regulatory purposes. Australian
Road Rules also apply in relation to the operation of smartphones within
vehicles.
Section 221B Duress alarms in taxis
Section
221D Security cameras in taxis
These sections provide for offences if a
security camera is not fitted to a taxi or a duress alarm is not accessible to
the driver of a taxi. These are strict liability offences with maximum penalties
of 20 penalty units. These arrangements again match and support current industry
practice for driver safety, given the potential risks associated with anonymity
associated with rank and hail hirings.
Previously, requirements for
security cameras in taxis arose through the requirements of the taxi networks,
with the regulation only specifying the standards required for security cameras
in the event they were fitted.
Section 221C GPS tracking devices in
bookable vehicles
This section inserts offences for the various
participants involved in the hiring of bookable vehicles services to ensure that
GPS tracking is available during the hiring as a public and driver safety
measure. This is consistent with current industry practice for taxis and other
bookable vehicles undertaking hirings through transport booking
services.
Section 221E Interfere with security device,
etc
This section provides a strict liability offence for a person who
interferes with the operation of equipment supporting the safe operation of a
bookable vehicle service and payment for services.
Section 221F
Security device standards
Consistent with existing regulatory practice,
the Authority may determine appropriate standards for the type and operation of
security devices used in bookable vehicles. For example, requirements may need
to be specified to support evidential standards and privacy.
Section 221G Jump-the-queue fees prohibited for
taxis
Jump-the-queue fees are additional fees offered by a transport
booking service that allow prospective passengers to obtain a bookable vehicle
hiring within a reduced wait time.
Offences apply for the offering or
acceptance of such fees by taxis as they are inconsistent with the operation of
a regulated fare structure that is designed in part to support equity and
accessibility.
This is not intended to interfere with the ability of a
taxi driver to request a fare deposit (under section 142 of the
Regulation).
Section 221H Upfront tipping is a prohibited for taxis
and rideshare
This section provides offences for transport booking
services, rideshare drivers or taxi drivers offering or accepting an up-front
tip.
Upfront tipping involves the solicitation of a gratuity to promote
customer service (including reduced wait time) with the amount determined by the
prospective hirer/passenger.
Upfront tipping is not supported by the
availability market-supply information for a consumer decision as to the amount
of gratuity that should be provided. Upfront tipping may also reduce access to
transport services for those less able to offer upfront reward.
Upfront
tipping is also considered to be inconsistent with the operation of regulated
fares for taxi services.
There is no restriction on passengers providing
unsolicited tips for good service at the end of a hiring.
Section
221I Bookable vehicle pricing during emergencies
Bookable vehicles
service providers should not unduly benefit from the application of surge
pricing and jump-the-queue fees during a declared state of alert or declared
state of emergency when there may abnormal demand for services and limitations
on supply. Offenses will apply for transport booking services and drivers
acting to apply such charges in emergency
circumstances.
Section 221J Meaning of payment
surcharge—div 3A.5.2
Section 221K Methods of payment and
maximum payment
surcharges
Section 221L Imposing more
than the maximum payment
surcharge
Section 221M
Collecting more than the maximum payment surcharge
These changes
will permit the Minister to determine arrangements for electronic payment
surcharges in bookable vehicles. As announced with the Government’s Taxi
Industry Innovation Reforms, electronic payment surcharges are to be capped at
five per cent (including GST) for taxis.
These actions are to support consumer outcomes by improving transparency and reducing the apparent inconsistent cross-subsidisation of operators arising from current market practices.
While concerned with the potential to negatively impact the development of
competition, the regulation of electronic payment processing charges will be
consistent with regulation of such surcharges in New South Wales. As New South
Wales-based taxis are able to operate in the ACT, the regulated lower charge
provides a competitive price advantage to those taxis.
These provisions make
it an offence for defined persons to impose or collect more than the maximum
allowable payment surcharge. The defences to the offence relate to the actions
of another person, the knowledge of a defined person or the ability of the
person to not impose the payments above the declared maximum surcharge.
Regulation of similar payments for hire cars and taxis are regulated by
the Reserve Bank of Australia.
Division 3A.5.3 NSW
bookable vehicles in the ACT
This division supports the arrangements
for operators of cross-border bookable vehicle services between the ACT and New
South Wales.
TBS providing booking services for hirings in the ACT will
be subject to licensing requirements in the Territory.
Section 221N
Declaration of ACT region
Section 221P Exemption for NSW bookable
vehicles—ACT pick up, ACT region drop off—Act,
s128(1)(a)
Section 216 permits the Authority to declare a stated area to
be the ‘ACT Region’ for the purposes of the regulation which will be
used to support the cross-border operation of public passenger services.
This is similar to the previous ability of the Authority to define an
‘ACT Taxi Region’.
Section 218 is to enable a more integrated
approach to cross-border public passenger services by bookable vehicles within
the defined ACT region.
As has previously operated for taxis under the
now superseded ACT Taxi Region and restricted taxi licensing, a conditional
exemption will permit NSW bookable vehicles to provide services wholly within
the Territory subject to certain criteria.
Parties will be required to be
authorised under NSW law to be able to provide an equivalent service and notify
their operation under these arrangements to support compliance and enforcement
activity. For bookable vehicle services, the persons providing services must be
resident within the ACT region to support the integrity of the defined regional
market. The Authority may determine additional criteria.
Access
arrangements for existing NSW cross-border taxis (previously licensed as
restricted taxis) will immediately continue under the new arrangements via
underlying instruments. However, the operation of further reciprocal
arrangements (including for other NSW-based and new Queanbeyan-based taxis, hire
cars and ridesharing) is subject to negotiations with the New South Wales
Government.
Section 221O Exemption for NSW bookable
vehicles—ACT pick up, NSW drop off—Act, s128(1)(a)
Exemptions
are provided under the Act for the operation of bookable vehicles authorised in
other jurisdictions to drop off a passenger in the Territory when a hiring has
began in the other jurisdiction – see sections 52 (taxi), 60E (rideshare)
and 74 (hire cars).
This section enables bookable vehicles authorised
in New South Wales (NSW) to provide a booked service where the hiring begins in
the Territory and finishes outside the ACT region (further arrangements may
apply within the ACT region – see section 221P). This is to promote the
financial viability of services into the Territory by enabling a bookable
vehicle service provider to obtain a hiring for the return to NSW.
The
exemption is matched by existing reciprocal arrangements with NSW that date back
to 1999.
Section 221Q Meaning of bookable vehicle
licensee—pt3A.5
This section defines bookable vehicle
licensees to include those licensed to provide taxi, hire car and rideshare
services.
Section 221R Bookable vehicle
licensee—offensive material in vehicle
Bookable vehicle licensees
may be liable to strict liability offences for offensive material within
vehicles and any failure to comply with a direction to remove said materials.
In conjunction with the changes to livery arrangements (refer to section 107),
these provisions provide for authorised parties to address any inappropriate
behaviour.
The new section draws together previous separate provisions
relating to taxis and hire cars, and includes ridesharing.
See also
related offences for bookable vehicle drivers, section 221X.
Section
221S Bookable vehicle licensee—non-compliance notice
This section
provides an offence for use of bookable vehicle by a licensee when a
noncompliance notice is in force for that vehicle.
The new section draws
together previous provisions relating to taxis and hire cars, and includes
ridesharing.
This new division draws together a range of previous provisions relating
to taxi and hire car drivers, and includes ridesharing, ensuring a clear message
of consistency in regulatory approach to certain actions by drivers across all
modes of service.
Section 221T Bookable vehicle driver—must
have knowledge and skills
Section 221U Knowledge and skills to be a
bookable vehicle driver
The Authority may determine the (minimum)
knowledge and skills of a bookable vehicle driver via a notifiable instrument.
Under the Regulation the responsibility for ensuring skills, knowledge and
training of service providers will now rest with industry. (Refer also to
sections 70B, 70F, 97, 99, 181 and 182.)
If drivers do not meet the
requirements and retain documentary evidence of their capabilities to support
compliance and enforcement activity, they may be liable to strict liability
offences.
Section 221V Bookable vehicle driver—carrying goods
in vehicle
Section 221W Bookable vehicle driver—carrying
animals in vehicle
These sections provide offences for the non-safe
carriage of goods and animals in bookable vehicles. These are limited to the
extent that they relate to the transport of people with disabilities including
the transport of guide dogs and other assistance animals.
Section
221X Bookable vehicle driver—offensive material in
vehicle
Bookable vehicle drivers may be liable to strict liability
offences for offensive material within vehicles and any failure to comply with a
direction to remove said materials. In conjunction with the changes to livery
arrangements (refer to section 107) these provisions provide the ability for
authorised parties to address any inappropriate behaviour.
The new
section draws together previously separate provisions relating to taxis and hire
cars, and includes ridesharing.
See also related offences for bookable
vehicle licensees, section 221R.
Section 221Y Bookable vehicle
driver—dropping off and picking up passengers
While bookable
vehicle drivers would be generally expected to serve their passengers by
providing services as directed, this section makes clear that the service is
limited by safety and other lawful requirements. The passenger’s mobility
may also be considered by the driver in making their determination of preferred
place for pick up or drop off.
The new section draws together previously
separate provisions relating to taxis and hire cars, and includes
ridesharing.
Section 222 Bookable vehicle driver—must not tout
for passengers
This section provides an offence for bookable vehicle
drivers who tout for passengers. This section is to support public amenity and
safety and replace previous offences for soliciting by taxi and hire car
drivers.
Section 223 Bookable vehicle
driver—notifiable accidents
This section supports compliance and
enforcement activity related to the licensing of bookable vehicle drivers by
creating an offence if information is not provided to the Authority about
accidents involving death or bodily injury within required timeframes.
Section 224 Bookable vehicle drivers—noncompliance
notices
This section provides an offence for the use of a bookable
vehicle by a licensee when a non-compliance notice is in force for that
vehicle.
The new section draws together previous provisions relating to
taxis and hire cars, and includes ridesharing.
Section 225 Bookable
vehicle driver—directions by police officers or authorised
people
This section provides the ability for police officers or
authorised people to direct a driver to accept a hiring and how it is carried. A
driver’s failure to comply with a direction is an offence.
A driver
is exempt from any other provision of the regulation that may otherwise prevent
the directed hiring. The Territory must pay compensation to the driver for any
damage, loss, injury or harm incurred in complying with the
direction.
The new section draws together previously separate provisions
relating to taxis and hire cars, and includes ridesharing.
This new division draws together a range of previous provisions relating to
taxi and hire car passengers, and includes ridesharing, ensuring a clear message
of consistency in the regulatory approach to certain actions by
passengers.
Section 226 Bookable vehicle passenger—offensive
behaviour or language
Bookable vehicle passengers will commit an offence
where their behaviour is offensive or aggressive. Such actions by a passenger
raise concerns for driver and public safety for example, through distraction of
the driver or other vehicles on the road.
Section 227 Bookable
vehicle passenger—carrying animals in vehicle
The section provides
an offence by a passenger for the non-safe carriage of animals in a bookable
vehicle. The offence excludes the transport of assistance animals. Due to the
training of assistance animals the risks of distraction from an animal within
the vehicle are reduced. This provides an appropriate balance between public
safety and community accessibility.
Section 228 Bookable vehicle
passenger—lost property
The section makes clear the obligation on
bookable vehicle passengers to notify an appropriate person of any property
found in a bookable vehicle. Failure to do so is an offence.
Section
229 Bookable vehicle passenger—direction to get out of
vehicle
This section permits a bookable vehicle driver, police officer or
other authorised person to direct a person to not get in to a bookable vehicle,
or get out of a bookable vehicle, in circumstances where there are risks of harm
to the driver, the vehicle or the public. The risks provided include soiled
clothing or goods, goods because of their size or shape (excluding those to
alleviate the effect of a person’s disability), and persons under the
influence of alcohol or a drug.
The failure by a passenger to comply with
a direction is an offence.
Any physical action to remove a person who
does not comply is limited to police officers, who have appropriate training to
respond to such situations. There is a greater and unacceptable risk of harm to
other parties who may attempt to remove a non-compliant
passenger.
Clause 119 Section 238 (1), penalty
The amendment is
a technical change to align penalties across the Regulation for failure to
maintain contact details.
Demand responsive
services
Clause 120 Section 254 (2) (a)
This clause aligns
reporting periods for Demand Responsive Vehicles with those for other services
under the Regulation.
Clause 121 New section 279A
Section
279A Meaning of DRS ticket—div 6.2.4
Clause 122 Section
280(2), note
These clauses provide technical drafting amendments related
to the relocation of the definition of DRS ticket within the
division.
Clause 123 Section 320, definition of service
authority, paragraphs (b) and(c)
Clause 124 Section 321
heading
Clause 125 Section 321 (1) (a), new note
Clause
126 Section 321 (1) (b)
Clause 127 Section 321 (2)
Clause
128 Section 321 (2) (a) to (d)
Clause 129 Section 321 (2) (e) to
(g)
Clause 130 Section 321 (3)
Clause 131 Section 322
heading
Clause 132 Section 322 (1) (c)
Clause 133 New
section 322 (3)
Clause 134 Sections 324 to 326
headings
Clause 135 Section 326 (1) (a)
Clause 136 Section
326 (1) (b)
Clause 137 Section 326 (3)
These clauses provide
drafting amendments to account for:
• the introduction of TBS,
ridesharing and independent taxi service operators;
• definitions of
relevant person through the regulation;
• replacing accepted service
standards with service standards;
• allowing for approvals under the
regulation in addition to licences, for example ITSO approvals;
and
• moving to a waiting list and pre-approval system for the issue of
taxi licences, see Division 3A.2.2.
With significant reforms being undertaken in this amendment regulation,
this chapter provides for the transitional arrangements to a new regulatory
framework.
Part 11.1 Accreditation
This section enables an application for accreditation as a taxi network that
has not been decided when the amendment commences to automatically be considered
as an application to be a TBS.
Section 524 Accreditation to operate a
taxi network to be accreditation to operate transport booking
service
This section permits existing accreditations to operate taxi
networks to carry over as accreditations to operate a TBS, subject to the
maintenance of any existing terms and conditions and expiry of accreditation for
a limited period. This will provide three months for existing taxi networks to
transition to the new regulatory regime for transport booking
services.
Section 525 Independent taxi operators taken to be
accredited
This section provides three months for ITSO to transition to
the new regulatory arrangements.
Section 526 Accepted service
standards
This section allows for the transition of regulated service
providers to new service standard arrangements with the commencement of the new
regulatory framework.
Part 11.2 Transport
booking services
This section provides interim rideshare booking services with a three month
period in which to transition to the new regulatory arrangements which will
directly capture their operation for the first time.
Part 11.3
Taxis
Section 528 Defined right reserve list to be taxi
licence waiting list
In moving from the issue of taxi licences via
ballot to waiting list, parties on the existing ballot reserve list will be
automatically taken to hold a pre-approval for the waiting list, so as not to
diminish any existing interests.
Section 529 Non-transferable leased
taxi licences to be standard taxi licences
Section 530
Wheelchair-accessible taxi licences
These section permits existing
non-transferable leased taxi licences and WAT licences to carry over as new
licences (subject to the maintenance of any existing terms and conditions and
expiry of accreditation).
Section 531 NSW cross-border taxi licences
to expire
With ACT-NSW cross-border arrangements moving from a restricted
licence to a conditional exemption approach, those NSW cross-border taxi
licences held are taken to expire under the operation of this section. Prior
NSW cross-border taxis are to be recognised for the purposes of the conditional
exemption.
Section 532 Taxi drivers—knowledge and
skills
The training qualifications of existing taxi drivers are
recognised, with no additional requirements imposed in the transition to the new
regulatory regime under the operation of this provision.
Section 533
Standards about security cameras in taxis
The existing specification for
standards for security cameras in taxis is automatically transitioned to
standards under the new section 221F.
Part 11.4
Ridesharing
Section 534 Exemption for interim rideshare
drivers—Act s128(1)(a)
Section 535 Exemption for registered
operators of interim rideshare vehicles—Act s128(1)(a)
These
sections provide the transitional arrangements for rideshare service providers
operating under a conditional exemption prior to 1 August 2016 to have
sufficient time to transition to full licensing and accreditation arrangements.
Interim rideshare booking services will have up to three months to move
to the new regulatory framework. The transitional period for rideshare drivers
and vehicle licensee is up to six months.
Part 11.5 Hire
cars
Section 536 Hire car drivers—knowledge and
skills
The training qualifications of existing hire car drivers are
recognised, with no additional requirements imposed in the transition to the new
regulatory regime under the operation of this provision.
Part 11.6 Demand responsive
services
Section 537 Applications for DRS
authorisations
This section enables an application for authorisation as a
demand responsive service that has not been decided when the amendments commence
to be considered as an application.
Part 11.7
Expiry
Section 538 Expiry—ch 11
The
transitional arrangements under the operation of this chapter will cease after
two years.
Clause 140 Schedule 1, part 1.2
Part 1.2
Transport Booking Services
Clause 141 Schedule 1, part 1.3
heading
Part 1.3 Taxi services
Clause
142 Schedule 1, part 1.3, section 3 (a) and (b)
Clause 143 Schedule 1,
part 1.3, section 3 (f)
Clause 144 Schedule 1, new part
1.3A
Part 1.3A Rideshare
services
Clause 145 Schedule 1 Part 1.4,
heading
Part 1.4 Hire car services
Clause
146 Schedule 1, part 1.4, section 4 (a) and (b)
Clause 147 Schedule 1,
part 1.5
These provisions provide for the matters that may be considered
in the making of service standards by the Authority under section 20C as
amended. Principally, they substitute taxi network requirements for TBS
requirements, consolidate hire car services and introduce rideshare.
The
previous ability to specify service standards regarding the cleaning of vehicles
is removed.
References to the defunct restricted taxi service category
are also removed.
Clause 148 Dictionary
These clauses amend the delegation for authorisation of demand responsive
services from the Minister to the Authority to be consistent with similar
authorisations for other public passenger services under the Regulation.
This clause lists those disallowable and notifiable instruments that have been negated by reforms undertaken in the amendment regulation. Repeals of other instruments which are to be revised and updated for the reforms will be included in the new instruments as relevant.
The amendments related to consequential changes result from amendments
within the regulation. These are subject to further drafting.
[1.13] Dictionary, new definition of rideshare vehicle
These
amendments provide a new identifier for the condition of a driver’s
licence to denote the ability to drive a rideshare vehicle and define a
rideshare vehicle by reference to the Road Transport (Public Passenger
Services) Act 2001.
[1.2] Section 62
[1.3] Section 65
Public vehicle driver training courses and requirements
[1.4] Section
67 (1) (e)
[1.5] Section 67 (4)
[1.6] Section 79 Authority
may require public vehicle driver to undertake training
[1.7] New
section 88AB
Section 88AB Public vehicle
licence—suspension—knowledge or skills
[1.8] Section 88A
(1) (b)
[1.9] Section 88B (1) (b)
[1.10] Section 94A (3) and
(5)
The age requirement for a public passenger vehicle licensee (of 20
years) is removed for bookable vehicle drivers, noting that driving skills are
determined through licensing processes.
Knowledge and skill requirements
for bookable vehicle drivers will generally be a matter for industry. The
Authority will be able to determine such requirements through a notifiable
instrument (sections 221U).
The Authority however will also retain the
ability to approve training courses and require persons to undertake further
training, as necessary.
The Authority may also suspend drivers who the
Authority remains unsatisfied of their skills, consistent with the procedures
under section 88AA of the Road Transport (Driver Licensing)
Regulation.
English language requirements for taxi drivers will continue
to be specified as part of the licensing process, however, consistent with other
professions (such as teachers) and Australian migration law, recognition is
given to the language skills of citizens and passport holders from certain
countries.
Currently, only testing specified in the national minimum
English language standards is recognised. It is intended that the Authority
also will have the ability to recognise comparable tests of English language
tests, such as certain internationally recognised tests used for migration
purposes. This will remove unnecessary duplication of English language testing.
Additional requirements for bookable vehicle drivers to hold a full
driver’s licence for certain periods are removed, noting that driving
skills are determined through licensing processes.
[1.10] Section
94A(3) and (5)
These subsections are omitted due to ACT-NSW cross border
arrangements being implemented via a conditional exemption.
[1.11] Dictionary, new definition of determined training
requirements
[1.12] Dictionary, definition of restricted
taxi
[1.13] Dictionary, new definition of rideshare
vehicle
These subsections are provide technical amendments to
dictionary terms.
[1.15] Schedule 1, part 1.8
[1.16] Schedule 1, part 1.11,
item 9
These clauses provide the consequential changes to reference
internally reviewable decisions for the changes under the Road Transport
(Public Passenger Services) Regulation 2002 and those related for vehicle
registration.
[1.17] Schedule 3, part 3.1, item
12
[1.18] Schedule 3, part 3.2, item 3
These clauses provide
consequential amendments related to fees, charges and other amounts payable and
refundable for relevant licences.
Part 1.3 Road Transport
(Offences) Regulation 2005
[1.19] Schedule 1, part 1.10, items
5 and 6
[1.20] Schedule 1, part 1.10, item 14 and 15
[1.21]
Schedule 1, part 1.11, item 1
[1.22] Schedule 1, part 1.11, items 5A
and 5B
[1.23] Schedule 1, part 1.11, item 33
[1.24]
Schedule 1, part 1.11, item 100 to 125
[1.25] Schedule 1, part 1.11,
items 128 and 132
[1.26] Schedule 1, part 1.11, items 134 to
137
[1.27] Schedule 1, part 1.11, items 139 to 146
[1.28]
Schedule 1, part 1.11, items 148 to 167
[1.29] Schedule 1, part
1.11, items 174 to 182, 185, 186, 193 to 200
[1.30] Schedule 1, part
1.11, item 205
[1.31] Schedule 1, part 1.11, items 224 and
225
[1.32] Schedule 1, part 1.11, items 228 and 229
[1.33]
Schedule 1, part 1.11, items 232 to 242
[1.34] Schedule 1, part
1.11, items 250 to 256
[1.35] Schedule 1, part 1.11, items 259, 260
and 265
[1.36] Schedule 1, part 1.11, items 270 to
309
[1.37] Schedule 1, part 1.11, item 314
[1.38] Schedule
1, part 1.11, item 416
These clauses amend the lists of offences to
incorporate those new offences arising from the amendment regulations, omission
of those no longer relevant or superseded and revise terms and references as
needed.
The described penalties including infringements are measured and
consistent with the range of existing penalties.
Part 1.4 Road
Transport (Safety and Traffic Management) Regulation
2000
[1.39] New section 11A
[1.40] New section
12A
[1.41] Section 13A
[1.42] Dictionary, new definition of
rideshare vehicle
These clauses provide access for pick up and
drop off of passengers for rideshare vehicles and hire cars consistent with that
for taxis – including bicycle lanes, clearways and loading zones. This
should afford greater opportunity for safe passenger entry and egress. These
vehicles are all required to be identifiable for regulatory purposes.
Part 1.5 Road Transport (Third-Party Insurance) Regulation
2008
[1.43] Section 13
[1.44] Schedule 1, section
1.1, definition of rideshare vehicle
These clause remove interim
insurance arrangements that had been provided for rideshare services and defines
rideshare vehicles by reference to the Road Transport (Public Passenger
Services) Act 2001.
Part 1.6 Road Transport (Vehicle
Registration) Regulation 2000
[1.45] Section
32AA
Section 32AA Deciding applications for registration—public
passenger vehicles
This clause removes the ability for the Authority to
decide on a (defined) public passenger vehicle registration based on the
cleanliness of the vehicle. Rideshare vehicles are not included in those defined
vehicles due to their operation also for private
purposes.
[1.46] Section 84 (1) (g)
The registration of a
rideshare vehicle is excluded from the suspension and cancellation in
association with the operation of a public passenger vehicle due to their
operation also for private purposes. This will not affect the ability of the
Authority to suspend or cancel accreditation of the rideshare vehicle licence
under the Road Transport (Public Passenger Services) Act 2001.
[1.47] Schedule 1, part 1.5 division 1.5.3
This clause removes
the requirement for public passenger light vehicles to have to carry a fire
extinguisher.
[1.48] Dictionary, definition of bus
This
clause amends the definition of bus by reference to the Road Transport
(Public Passenger Services) Act 2001.
Section 4A Regular contractors and casuals—Act, s 11 (2) (c)
The application of workers compensation arrangements to contracts of
bailment aligns the Territory with the majority of other Australian
jurisdictions.