Victorian Current Acts Victorian Current Acts(1) A booking service provider must, so far as is reasonably practicable, ensure commercial passenger vehicle services provided by an associated driver are provided safely.
Penalty: In the case of an individual, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
Note
Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.
(2) Without limiting subsection (1), a booking service provider contravenes that subsection if the booking service provider fails to do any of the following—
(a) identify and manage risks to safety associated with commercial passenger vehicle services provided by an associated driver;
(b) acquire and maintain a database of the hazards or risks relating to the provision of commercial passenger vehicle services by associated drivers and the measures taken to eliminate or reduce the hazards or risks;
(c) provide information, instruction, training or supervision to associated drivers to enable those drivers to provide commercial passenger vehicle services safely, including implementing systems or processes for—
(i) the management of driver fatigue; and
(ii) drug and alcohol testing of drivers; and
(iii) the maintenance of commercial passenger vehicles; and
(iv) emergency management; and
(v) driver behaviour, competency and medical fitness.
(3) An offence against subsection (1) is an indictable offence.
(4) In this section—
"associated driver", in relation to a booking service provider, means a driver of a motor vehicle who provides commercial passenger vehicle services through booking services provided by the provider.
New s. 25 inserted by No. 63/2017 s. 18.