Western Australian Current Acts Western Australian Current Acts (1) In this Act, a
person will 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 —
(a) if
—
(i)
the amount received or intended to be received for
transporting the passengers exceeds, or is intended to exceed, the prescribed
amount; or
(ii)
the transport is provided or intended to be provided
gratuitously, but with a view to gaining or maintaining custom or other
commercial advantage;
or
(b) in
the prescribed circumstances.
(2) In this Act, the
circumstances in which a person will 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, include using the vehicle for standing or plying or touting for hire
for that purpose.
(3) In this Act, a
person will not 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 in the course of the person’s general
employment; and
(b)
carrying passengers in that vehicle is an incidental part of the
person’s other employment duties.
(4) In this 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 —
(a) if
the passengers are transported under a vehicle pooling arrangement; or
(b) in
the prescribed circumstances.
(5) In this Act,
passengers are transported under a vehicle pooling arrangement if —
(a) the
vehicle is provided by the driver; and
(b) the
driver would be undertaking the relevant journey in any event; and
(c) the
transporting of the passengers is not the result of plying or touting for hire
by the driver or another person; and
(d) the
maximum number of persons in the vehicle, including the driver, is 9; and
(e) a
payment by a passenger is limited to making a contribution to the costs
incurred in making the journey and does not involve profit for the driver or
any other person.
(6) Nothing in
subsection (1) or (2) limits the circumstances in which a person will be
considered to be —
(a)
providing a service for the transport of passengers by vehicle for hire or
reward; or
(b)
driving a vehicle for the purpose of transporting passengers for hire or
reward.