Australian Capital Territory Numbered Acts

ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) (TAXI INDUSTRY INNOVATION) AMENDMENT ACT 2015 (NO. 47 OF 2015) - SECT 19

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Part 5A     Ridesharing

Division 5A.1     Basic concepts

60A     Meaning of rideshare service , rideshare driver , rideshare and rideshare vehicle

In this Act:

"rideshare service"—

        (a)     means a public passenger service where—

              (i)     a passenger books the transport through a transport booking service; and

              (ii)     the transport booking service communicates the passenger's booking to a driver (the  rideshare driver ); and

              (iii)     the driver carries out the transport booked (the rideshare ) using a vehicle (the rideshare vehicle ); but

        (b)     does not include a public passenger service provided by a taxi service or hire car service.

Note 1     A public passenger service is a service for the transport of passengers for a fare or other consideration by public passenger vehicles along a road or road related area (see  s 10).

Note 2     Transport booking service —see  s 28.

Note 3     A rideshare driver must be accredited (see s 60E).
A rideshare vehicle must be licensed (see s 60G).

Division 5A.2     Rideshare drivers

Note 1     A rideshare driver for a rideshare must hold a public vehicle licence to drive the rideshare vehicle (see Road Transport (Driver Licensing) Act 1999

, s 31).

Note 2     Rideshare drivers' insurance is dealt with in pt 8A.

Subdivision 5A.2.1     Rideshare drivers—accreditation

60B     Rideshare driver—purposes of accreditation

The purpose of accreditation under the regulation to operate a rideshare service is to ensure that the accredited person—

        (a)     is a suitable person to operate a rideshare service; and

        (b)     has demonstrated the capacity to comply with relevant regulations and, in particular, regulations about the safety of passengers and the public.

60C     Rideshare driver—regulations about accreditation system

    (1)     A regulation may provide a system for the accreditation of people to operate rideshare services, including, for example—

        (a)     the conditions of accreditations; and

        (b)     matters in relation to the giving, refusal or surrender of accreditations; and

        (c)     the action that may be taken in relation to an accredited person in circumstances prescribed by regulation, including, for example—

              (i)     the suspension or cancellation of an accreditation; and

              (ii)     the imposition of a condition on, or the amendment of a condition of, an accreditation; and

              (iii)     an order that an accredited person pay to the Territory an amount of not more than—

    (A)     for an individual—$5 000; or

    (B)     for a corporation—$25 000; and

              (iv)     the reprimanding of an accredited person.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (2)     A regulation may make provision in relation to the accreditation of people to operate rideshare services, including, for example—

        (a)     requirements about the suitability of the applicant; and

        (b)     capacity to meet service standards.

60D     Entitlement to operate rideshare services

A person is entitled to operate a rideshare service in, or partly in, the ACT if the person is—

        (a)     an accredited rideshare driver; and

        (b)     an affiliated driver for a transport booking service.

60E     Rideshare driver must be accredited

    (1)     A person commits an offence if the person—

        (a)     is a rideshare driver for a rideshare carried out in, or partly in, the ACT; and

        (b)     is not an accredited rideshare driver.

Maximum penalty: 50 penalty units.

    (2)     This section does not apply to a person in relation to a rideshare if—

        (a)     the person is authorised to operate a rideshare service under the law of another jurisdiction; and

        (b)     the rideshare starts in that jurisdiction and is completed in the ACT; and

        (c)     the rideshare is of a kind that the person is authorised to operate under the law of that jurisdiction.

    (3)     An offence against this section is a strict liability offence.

60F     Pretend to be accredited rideshare driver

    (1)     A person commits an offence if the person pretends to be an accredited rideshare driver.

Maximum penalty: 30 penalty units.

    (2)     An offence against this section is a strict liability offence.

Subdivision 5A.2.2     Rideshare drivers—regulation

60G     Rideshare driver must not use unlicensed rideshare vehicle

    (1)     A person commits an offence if—

        (a)     the person is a rideshare driver for a rideshare; and

        (b)     the rideshare vehicle used by the person for the rideshare is not a licensed rideshare vehicle.

Maximum penalty: 50 penalty units.

    (2)     This section does not apply if—

        (a)     the vehicle is licensed as a rideshare vehicle under the law of another jurisdiction; and

        (b)     the rideshare begins in that jurisdiction and is completed in the ACT.

60H     Regulations about operation of rideshare service

A regulation may make provision about the operation of rideshare services by rideshare drivers, including, for example—

        (a)     compliance with service standards; and

        (b)     insurance; and

        (c)     the solicitation of passengers or rideshare bookings; and

        (d)     the booking of rideshare vehicles; and

        (e)     customer complaints and inquiries; and

        (f)     lost property; and

        (g)     the making and keeping of records and their inspection; and

        (h)     the auditing of records and systems; and

              (i)     requirements for advertising for the service; and

        (j)     the provision of information and reports to the road transport authority.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

60I     Regulations about rideshare drivers

A regulation may make provision about rideshare drivers, including, for example—

        (a)     the powers, duties and conduct of rideshare drivers; and

        (b)     the safety of rideshare drivers and passengers (including, for example, particular kinds of security devices); and

        (c)     the qualifications, training and experience required for rideshare drivers; and

        (d)     maximum driving times and minimum rest times of rideshare drivers; and

        (e)     the picking up and dropping off of passengers and other matters relating to the transport of passengers; and

        (f)     the transport of passengers' luggage or other goods, and animals; and

        (g)     the payment by passengers of gratuities and other amounts in addition to fares; and

        (h)     the display of licences.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

Division 5A.3     Rideshare vehicles

60J     Meaning of rideshare vehicle licence

In this Act:

"rideshare vehicle licence" means a licence that—

        (a)     is issued under the regulation to the registered operator of a vehicle; and

        (b)     authorises the vehicle to be used as a rideshare vehicle.

Note     A rideshare driver must not use an unlicensed rideshare vehicle for a rideshare (see s 60G).

60K     Rideshare vehicle licence not transferable

A rideshare vehicle licence is not transferable.

60L     Pretend vehicle is licensed rideshare vehicle

A person commits an offence if the person pretends that a vehicle is a licensed rideshare vehicle.

Maximum penalty: 30 penalty units.

60M     Licensed rideshare vehicle not to be used by unlicensed or unaccredited driver

A person commits an offence if—

        (a)     the person is a rideshare vehicle licensee; and

        (b)     the vehicle is used as a rideshare vehicle for a rideshare; and

        (c)     the person is not the rideshare driver for the rideshare; and

        (d)     the person does not take reasonable steps to ensure that the rideshare driver—

              (i)     either—

    (A)     holds a public vehicle licence to drive the rideshare vehicle; or

    (B)     is exempted by the Road Transport (Driver Licensing) Regulation 2000

from holding an Australian driver licence; and

              (ii)     is an accredited rideshare driver.

Maximum penalty: 20 penalty units.

Note 1     A rideshare driver must hold a public vehicle licence to drive the rideshare vehicle (see Road Transport (Driver Licensing) Act 1999

, s 31).

Note 2     Rideshare drivers' insurance is dealt with in pt 8A.

60N     Licensed rideshare vehicle not to be used unless insured

A person commits an offence if—

        (a)     the person is a rideshare vehicle licensee; and

        (b)     the vehicle is used as a rideshare vehicle for a rideshare; and

        (c)     the person is not the rideshare driver for the rideshare; and

        (d)     the person does not take reasonable steps to ensure that the vehicle is insured in the way prescribed by regulation.

Maximum penalty: 50 penalty units.

Note     Additional public passenger vehicle insurance is dealt with in pt 8A.

60O     Regulations about rideshare vehicles

    (1)     A regulation may provide a system for the licensing of rideshare vehicles, including, for example—

        (a)     matters in relation to the giving, refusal or surrender of rideshare vehicle licences; and

        (b)     the term of rideshare vehicle licences; and

        (c)     the conditions of rideshare vehicle licences; and

        (d)     the action that may be taken in relation to rideshare vehicle licences in circumstances prescribed by regulation, including, for example—

              (i)     the suspension or cancellation of a licence; and

              (ii)     the imposition of a condition on, or the amendment of a condition of, a licence; and

              (iii)     an order that the licensee pay to the Territory an amount of not more than—

    (A)     for an individual—$5 000; or

    (B)     for a corporation—$25 000; and

              (iv)     the reprimanding of the licensee.

Example—par (c)

how the licensed vehicle is to be equipped

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (2)     A regulation may make provision about the operation of rideshare vehicles, including, for example—

        (a)     service standards for rideshare vehicles; and

        (b)     the regulation or prohibition of the use of rideshare vehicles on certain roads or road related areas; and

        (c)     the design, equipment and fittings (internal or external) of rideshare vehicles; and

        (d)     the regulation or prohibition of notices, signs and advertisements inside or on the outside of rideshare vehicles; and

        (e)     the records to be made and kept, how they are to be made and kept, and their inspection; and

        (f)     the maintenance and condition of rideshare vehicles.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

Division 5A.4     Rideshare passengers and fares

60P     Regulations about conduct of rideshare vehicle passengers

A regulation may make provision in relation to the conduct of rideshare passengers, including, for example—

        (a)     the authority of rideshare drivers, police officers and authorised people to direct people contravening a regulation to leave a rideshare vehicle; and

        (b)     the authority of police officers and authorised people to remove people from a rideshare vehicle if they fail to leave when directed.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

60Q     Power to determine rideshare fares

    (1)     The Minister may determine fares, and ways of calculating fares, for ridesharing.

Note     Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

    (2)     A determination is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

    (3)     In this section:

"fare" includes a charge relating to ridesharing.