Transport (Road Passenger Services) Act 2018

Transport (Road Passenger Services) Regulations 2020

 

Transport (Road Passenger Services) Regulations 2020

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

Part 2 — Key concepts

4.Approved medical report (s. 4(1))9

5.Association arrangements (s. 4(1))9

6.Interstate driver authorisation (s. 4(1))10

7.Interstate vehicle authorisation (s. 4(1))11

8.On‑demand passenger transport services (s. 5(3)(c))11

9.On‑demand booking services (s. 10(3))11

10.Hire or reward (s. 11)12

Part 3 — Safety standards

Division 1 — Preliminary

11.Safety standards (s. 14(2))14

12.Persons to whom specified safety standards apply14

Division 2 — Safety management system

13.Specified services15

14.Safety management system15

15.Offence of contravening safety standard16

Division 3 — Vehicle standards

Subdivision 1 — General standards

16.Vehicle licence and standards for vehicles16

17.Vehicle maintenance17

Subdivision 2 — Wheelchair accessible vehicle standards

18.Wheelchair accessible vehicles: applicable standards18

19.Wheelchair accessible vehicles: operation standards19

Subdivision 3 — Motor cycle standards

20.Motor cycles: applicable standards19

21.Motor cycle requirements20

Subdivision 4 — Specific requirements: on‑demand rank or hail vehicles

22.Markings, lights and signs: on‑demand rank or hail vehicles21

23.Livery: on‑demand rank or hail vehicles22

24.When roof lights to be lit: on‑demand rank or hail vehicles22

25.Contact information: on‑demand rank or hail vehicles23

Subdivision 5 — Specific requirements: on‑demand charter vehicles

26.Signs, lights and markings: on‑demand charter vehicles not to be represented as on‑demand rank or hail vehicles23

27.Signs and livery: on‑demand charter vehicles24

28.Exception to signs and livery requirements relating to family violence: on‑demand charter vehicles25

Subdivision 6 — Driver identity documents

29.Driver identity document: on‑demand rank or hail vehicle27

30.Display of driver identity document: on‑demand rank or hail vehicle28

31.Provision or display of driver identity information: on‑demand charter vehicle28

Subdivision 7 — Offences

32.Offence of contravening safety standard30

Division 4 — Provision of information

33.Information to be made available by provider of on‑demand booking service31

34.Offence of contravening safety standard31

Division 5 — Driver competence and reporting

35.Driver of wheelchair accessible vehicle to be competent in loading and unloading wheelchair passengers32

36.Driver reporting requirements32

37.Offence of contravening safety standard33

Part 4 — Authorisation of on‑demand booking services

Division 1 — Preliminary

38.Term used: disqualification offence35

39.Prescribed functions for which provider of principal booking service is responsible (s. 27(3))35

Division 2 — Applications for on‑demand booking service authorisations

40.Information to be included in on‑demand booking service authorisation application (s. 29(4)(e))36

41.Documents to be included in on‑demand booking service authorisation application (s. 29(4)(e))37

42.Declaration as to persons nominated as responsible officers37

Division 3 — Grant, duration and renewal of on‑demand booking service authorisations

43.Condition for maximum number of vehicles37

44.Variation of maximum number of vehicles38

45.Duration of on‑demand booking service authorisation (s. 39(1))39

46.Renewal of on‑demand booking service authorisation40

47.Surrender of on‑demand booking service authorisation41

Division 4 — Responsible officers

48.Responsible officer must be ordinarily resident in Australia (s. 30(f))42

49.At least 1 responsible officer to be resident in State42

50.Nomination of additional or replacement responsible officer42

51.Acceptance of or refusal to accept nomination of additional or replacement responsible officer43

Division 5 — Disqualification

52.Disqualification offences and disqualification periods (s. 26 and 46)45

53.Reinstatement of authorisation if conviction quashed or set aside45

54.Requirement to notify CEO of charge or conviction for disqualification offence45

Division 6 — Changes to information

55.Provider of on‑demand booking service to notify change in circumstances46

Division 7 — Records

Subdivision 1 — Records of drivers, vehicles and bookings

56.Obligations in this Division are conditions on authorisation46

57.Records of drivers and vehicles47

58.Records of bookings for on‑demand passenger transport services47

Subdivision 2 — Records of association arrangements

59.Records of association arrangements50

Division 8 — Offences relating to advertising by providers of on‑demand booking services

60.Offence to offer or advertise on‑demand booking service or on‑demand passenger transport service unless authorised51

61.Name or authorisation number of provider must be included in advertising51

Division 9 — Complaints

62.Complaints resolution procedure52

63.Records of customer complaints53

Division 10 — Miscellaneous

64.List of authorised on‑demand booking services (s. 41)54

Part 5 — Authorisation of regular passenger transport services

Division 1 — Preliminary

65.Exemption for contracted provider of authorised regular passenger transport service55

Division 2 — Grant, duration and renewal of regular passenger service authorisations

66.Application for approval of temporary variation of route or area (s. 70(2))56

67.Temporary variation of route or area (s. 70(2))56

68.Duration of regular passenger transport service authorisation (s. 74(1))56

69.Renewal of regular passenger transport service authorisation57

Division 3 — Changes to information

70.Provider of authorised regular passenger transport service to notify change in circumstances58

Division 4 — Conditions of authorisation

71.Obligations in this Division are conditions on authorisation59

72.Use of regular passenger transport vehicles59

73.Fares59

74.Records60

Division 5 — Offences relating to advertising by providers of regular passenger transport services

75.Offence to offer or advertise regular passenger transport service unless authorised60

76.Name or authorisation number of provider must be included in advertising61

Division 6 — Complaints

77.Complaints resolution procedure62

78.Records of customer complaints62

Part 6 — Authorisation of passenger transport drivers

Division 1 — Preliminary

79.Term used: disqualification offence64

80.Driving vehicle with interstate driver authorisation (s. 90 and 91)64

81.Exemption from s. 90 and 91 where driver has interstate driver authorisation and conditions complied with to the extent possible in the State65

Division 2 — Applications for passenger transport driver authorisations

82.Documents to be included in passenger transport driver authorisation application66

Division 3 — Grant, duration and renewal of passenger transport driver authorisations

83.Grant of passenger transport driver authorisation (s. 96(b))66

84.Duration of passenger transport driver authorisation (s. 104(1))67

85.Renewal of passenger transport driver authorisation68

86.Approved medical report required to be included in renewal application after shorter period70

87.Surrender of passenger transport driver authorisation70

Division 4 — Suspension, cancellation and disqualification

88.Disqualification offences and disqualification periods (s. 89 and 115)70

89.Reinstatement of authorisation if conviction quashed or set aside71

90.Requirement to notify CEO of charge or conviction for disqualification offence71

Division 5 — Changes to information

91.Authorisation holder to notify change in circumstances71

Division 6 — Miscellaneous

92.CEO may require authorisation holder to provide certain documents72

93.Authorisation holder may provide criminal record check or approved medical report to CEO73

94.CEO may issue documents for purposes of r. 29 and 3173

Part 7 — Authorisation of passenger transport vehicles

Division 1 — Preliminary

95.Driving or operating vehicle with interstate vehicle authorisation (s. 121 and 122)75

96.Exemption from s. 121 and 122 for vehicle with interstate vehicle authorisation where conditions complied with to extent possible in the State75

97.Replacement vehicles (s. 121 and 122)76

Division 2 — Grant, duration and renewal of passenger transport vehicle authorisations

98.Requirements for authorisation of vehicle (s. 126 and 133)77

99.Duration of passenger transport vehicle authorisation (s. 137(1))78

100.Renewal of passenger transport vehicle authorisation78

101.Cancellation of authorisation: transfer of ownership of vehicle (s. 148)79

102.Cancellation of authorisation on request (s. 149(3))80

Division 3 — Changes to information

103.Holder of passenger transport vehicle authorisation to notify change in circumstances80

Part 8 — Requirements relating to passenger transport services

Division 1 — Notifiable occurrences

104.Term used: notifiable occurrence81

105.Reporting of notifiable occurrences82

106.Provider of on‑demand booking service to report allegations about driver conduct83

Division 2 — Camera surveillance

107.Terms used84

108.Camera surveillance units85

109.Signs about camera surveillance85

111.Safeguards applying to camera surveillance units87

112.Production of camera recordings to authorised officers87

113.Use of recordings taken by camera surveillance units89

114.Deletion, destruction or disposal of copies of recordings90

Division 3 — Fares and fare devices

Subdivision 1 — Requirements for fares that apply only to on‑demand rank or hail vehicles

115.Term used: relevant person92

116.Maximum fares, surcharges and fees: metropolitan region92

117.Maximum fares, surcharges and fees: regions93

118.Fare schedule to be displayed in vehicle95

119.Deposit96

120.Contract fares96

121.Written confirmation of contract fare97

122.Passenger subsidy scheme vouchers98

123.Guidelines100

124.Commencement and termination of journey in on‑demand rank or hail vehicle100

125.Multiple hiring101

126.Surcharge for non‑cash payment102

Subdivision 2 — Other requirements for fares

127.Terms used103

128.Fare amounts for passenger transport services using on‑demand vehicles104

129.Certain fares and charges prohibited in certain declared emergencies105

129A.Exempt areas in relation to emergency declarations106

130.Parking fees and cleaning costs107

Subdivision 3 — Receipts

131.Receipts107

Subdivision 4 — Fare calculation devices

132.On‑demand rank or hail vehicles to be fitted with fare calculation device109

133.Requirements for fare calculation devices109

134.Display of information: on‑demand rank or hail vehicles110

Division 4 — Other obligations

135.Driver to inform on‑demand booking service of certain matters112

136.Conduct of drivers while driving vehicle to transport passengers for hire or reward112

137.Assistance animals113

138.Driver must accept hiring except in certain circumstances113

139.No touting or soliciting for passengers114

140.Offence to operate unauthorised vehicle with passenger transport vehicle number plates115

141.Wheelchair accessible vehicle to be used to attend to passenger who uses or requires wheelchair first115

Part 9 — Information

142.Law enforcement officials (s. 150)117

143.Relevant authorities (s. 150)117

144.Prescribed period (s. 152(a))118

145.Disclosure of authorisation status of driver (s. 153)118

146.Prescribed information road traffic CEO must provide to CEO (s. 158)120

Part 10 — Infringement notices and enforcement

147.Prescribed offences and modified penalties121

148.Approved officers and authorised officers121

149.Entry warrants (s. 178(2))122

150.Forms122

Part 11 — Voluntary buyback, adjustment assistance and levy

Division 1 — Buyback payment and net loss payment

151.Prescribed day for buyback payment and net loss payment applications (s. 229(2) and 235(2))123

Division 2 — On‑demand passenger transport levy

Subdivision 1 — Preliminary

152.Terms used123

Subdivision 2 — General provisions relating to levy

153.Classes of providers of on‑demand booking services (s. 241)125

154.Levy fare: general (s. 241)126

155.Levy fare: on‑demand passenger transport service provided for metered fare (s. 241)127

156.Levy fare: fare under multiple service agreement (s. 241)128

157.Transactions relating to electric vehicles not leviable passenger service transactions129

158.Exemption from requirement to pay levy for approved special events providers129

159.Calculation of amount of levy payable on estimated basis (s. 247(1))130

160.Registration as taxpayer (s. 249)132

161.Payment of levy132

162.Returns (s. 250)133

163.Records (s. 251)133

164.Records: fare information134

165.Records to be produced or provided to CEO or authorised officer135

Subdivision 3 — Modifications of Taxation Administration Act 2003

166.Modifications of Taxation Administration Act 2003 (s. 243(2))136

167.Time limits on reassessment136

168.Penalty tax not payable136

169.Records relevant to objections136

170.Time for lodging objections137

171.Proceedings before State Administrative Tribunal137

172.Time limit on refund applications137

173.Proceedings for an offence138

174.Service138

Division 3 — Adjustment assistance grants

175.Prescribed day for adjustment assistance grant applications (s. 259(2))138

Part 12 — Miscellaneous

176.Review of decisions (s. 262)139

177.Fees139

178.Waiver of fees141

179.Exemption of providers of school bus services and vehicles141

180.CEO or authorised officer may require documents to be produced or provided141

Part 13 — Transitional provisions

Division 1 — General matters

181.Disclosure of information about drivers’ licences (s. 293(2))144

182.Camera surveillance units installed before 2 July 2019144

183.Camera surveillance units in on‑demand rank or hail vehicles in regional areas145

184.Prescribed transition period for ‘F’ or ‘T’ endorsed driver’s licence (s. 294)145

185.Provisions for drivers authorised to drive under s. 294 or interstate driver authorisation145

186.Provisions for s. 295 of the Act147

187.Provisions for s. 296 of the Act147

188.Medical reports148

Division 2 — Number plates

189.Term used: commencement day149

190.Existing attached taxi plates for taxis may continue to be used149

191.Existing attached number plates for country taxi‑cars may continue to be used150

192.Omnibus number plates150

193.Owned taxi plates that were attached and were not the subject of the buyback scheme152

194.Leased taxi plates that were attached153

195.Return of number plates that were not attached to a vehicle153

196.Seizure of number plates155

Division 3 — Transition from Transport (Road Passenger Services) Regulations 2019

197.Things done for 2019 regulations continue for these regulations155

198.Review of decisions under 2019 regulations156

199.Provisions relating to disqualification periods under 2019 regulations156

200.Provisions relating to association arrangements157

Part 14 — Transport (Road Passenger Services) Regulations 2019 repealed

201.Transport (Road Passenger Services) Regulations 2019 repealed158

Part 15 — Transport Regulations Amendment (Road Passenger Services) Regulations (No. 2) 2019 amended

202.Regulations amended159

203.Regulation 2 amended159

204.Part 5 Division 4 deleted159

Schedule 1 — Fees

Division 1 — Fees: general

Division 2 — Authorisation fees for on‑demand booking service authorisations

Division 3 — Authorisation fee for passenger transport driver authorisation

Division 4 — Authorisation fees for passenger transport vehicle authorisations

Schedule 2 — Disqualification offences and disqualification periods: on‑demand booking services

1.Disqualification offences and disqualification periods: on‑demand booking services164

Schedule 3 — Disqualification offences and disqualification periods: passenger transport drivers

1.Disqualification offences and disqualification periods: passenger transport drivers171

Schedule 4 — Fares: metropolitan region

Schedule 5 — Fares: regions

Division 1 — Gascoyne region

Division 2 — Goldfields‑Esperance region

Division 3 — Great Southern region

Division 4 — Kimberley region

Division 5 — Mid West region

Division 6 — Peel region

Division 7 — Pilbara region

Division 8 — South West region

Division 9 — Wheatbelt region

Schedule 6 — Prescribed offences and modified penalties

Schedule 7 — Forms

Notes

Compilation table212

Uncommenced provisions table212

Defined terms

 

Transport (Road Passenger Services) Act 2018

Transport (Road Passenger Services) Regulations 2020

Part 1  Preliminary

1.Citation

These regulations are the Transport (Road Passenger Services) Regulations 2020.

2.Commencement

These regulations come into operation as follows —

(a)Part 1 — on the day on which these regulations are published in the Gazette;

(b)regulation 110 and Schedule 6 items 34 and 35 — on 1 July 2021;

(c)the rest of the regulations — on the day on which the Transport (Road Passenger Services) Act 2018 Part 5 comes into operation.

3.Terms used

In these regulations —

2019 regulations means the Transport (Road Passenger Services) Regulations 2019 that were repealed by regulation 201;

approved identification card means an approved identification card referred to in —

(a)the Taxi Regulations 1995 regulation 15 as in force immediately before the coming into operation of section 303 of the Act; or

(b)the Transport (Country Taxi‑car) Regulations 1982 regulation 27A as in force immediately before the coming into operation of section 342 of the Act;

approved person means a person who is approved for the purposes of the provision in which the term is used;

AS/NZS followed by a designation refers to the Australian/New Zealand Standard having that designation that is published jointly by Standards Australia and Standards New Zealand, as at 1 July 2020;

Australian Design Rules means the Australian Design Rules determined as vehicle standards under the Motor Vehicle Standards Act 1989 (Commonwealth), as at 1 July 2020;

authorised on‑demand rank or hail vehicle means a vehicle in relation to which a passenger transport vehicle authorisation is in force that authorises the vehicle to be operated for use in providing an on‑demand rank or hail passenger transport service;

camera surveillance unit means a device that takes visual or audiovisual recordings;

Camera Surveillance Unit Standards means the standards entitled Passenger Transport Vehicle Camera Surveillance Unit Standards 2020 approved by the CEO and published on the Department’s website, as at 1 July 2020;

child care service means —

(a)any education and care service as defined in the Education and Care Services National Law (Western Australia) section 5(1); or

(b)any child care service as defined in the Child Care Services Act 2007 section 4;

contract fare means an amount agreed under regulation 120(1) as payable for the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle;

copy, in relation to a visual, audiovisual or audio recording, includes any print‑out or reproduction of the recording;

Disability Standards means the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 (Commonwealth) section 31, as at 1 July 2020;

driver identity document means a driver identity document required under regulation 29(1) or (2);

driver’s licence number means —

(a)for a person who holds a driver’s licence — the number of that driver’s licence; or

(b)for a person who holds a driving authorisation referred to in paragraph (b) of the definition of driving authorisation in section 4(1) of the Act — the number of that driving authorisation;

electric vehicle means a vehicle propelled solely by electricity;

foreign driving authorisation has the meaning given in the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 60(1) but does not include an authorisation to drive a vehicle solely for the purposes of learning to drive it;

‘F’ or ‘T’ endorsed driver’s licence has the meaning given in section 292 of the Act;

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) section 195‑1;

interstate driver authorisation document means a document issued to a person under a law of another State or a Territory that evidences that the person holds an interstate driver authorisation;

interstate vehicle authorisation document means a document issued to a person under a law of another State or a Territory that evidences that the person holds an interstate vehicle authorisation;

interstate vehicle licence means a vehicle licence or vehicle registration under a law of another State or a Territory;

last approved medical report, on an individual, means the last approved medical report on the individual given to the CEO or included in an application under these regulations;

last criminal record check, for an individual, means the last criminal record check for the individual given to the CEO or included in an application under these regulations;

metropolitan region means the metropolitan region as defined in the Planning and Development Act 2005 section 4(1);

non‑cash payment means the payment, other than by means of cash, of any amount payable in respect of the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle;

on‑demand charter vehicle means an on‑demand vehicle other than an on‑demand rank or hail vehicle;

on‑demand rank or hail vehicle means a vehicle used or intended to be used to provide an on‑demand rank or hail passenger transport service;

payment terminal means a device or system used to facilitate a non‑cash payment;

region means a region described in the Regional Development Commissions Act 1993 Schedule 1 but does not include any part of the metropolitan region;

relevant driver authorisation number, in relation to a person, means —

(a)if the person holds a passenger transport driver authorisation and paragraph (c) does not apply — the number of the person’s passenger transport driver authorisation; or

(b)if the person does not hold a passenger transport driver authorisation but holds an interstate driver authorisation — the number of the person’s interstate driver authorisation; or

(c)if the person holds a passenger transport driver authorisation that was granted no more than 14 days earlier and held an interstate driver authorisation when the passenger transport driver authorisation was granted — the number of either the person’s passenger transport driver authorisation or the person’s interstate driver authorisation;

road traffic CEO means the CEO as defined in the Road Traffic (Administration) Act 2008 section 4;

safety management system, in relation to the provider of a specified service, means the safety management system prepared and maintained in accordance with regulation 14;

Schedule 4 fare means the fare referred to in regulation 116(1) for the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle that primarily operates in the metropolitan region and includes —

(a)any surcharge or fee of a kind set out in Schedule 4 for the service; and

(b)any amount charged under regulation 116(2) in relation to the fare;

Schedule 5 fare means the fare referred to in regulation 117(1) for the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle that primarily operates in a region and includes —

(a)any surcharge or fee of a kind set out in Schedule 5 for the service; and

(b)any amount charged under regulation 117(2) in relation to the fare;

school bus service means a passenger transport service that —

(a)uses vehicles that are equipped to carry more than 8 people; and

(b)is provided solely to carry students, with or without adults who are responsible for them, to or from —

(i)a school (as defined in the School Education Act 1999 section 4); or

(ii)another place that students enrolled at a school attend for an event or activity approved by the school;

serious offence means —

(a)an offence against any of the following provisions of the Road Traffic Act 1974 —

(i)section 54;

(ii)section 56(2);

(iii)section 59;

(iv)section 59A;

(v)section 59BA;

(vi)section 60;

(vii)section 60A;

(viii)section 61;

(ix)section 63;

(x)section 64;

(xi)section 64AA;

(xii)section 64A;

(xiii)section 64AAA;

(xiv)section 64AB;

(xv)section 64AC;

(xvi)section 67;

(xvii)section 67AA;

(xviii)section 67AB;

(xix)section 67A;

(b)an offence against any of the following provisions of The Criminal Code —

(i)section 279;

(ii)section 280;

(iii)section 294;

(iv)section 297;

(v)section 301;

(vi)section 304;

specified service has the meaning given in regulation 13;

student has the meaning given in the School Education Act 1999 section 4;

surcharge —

(a)includes any GST consequent on a payment terminal being made available; and

(b)does not include a fee or charge that is imposed on a non‑cash payment by either of the following —

(i)a participant in a designated payment system as defined in the Payment Systems (Regulation) Act 1998 (Commonwealth) section 7; or

(ii)a person consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia;

unit of competency TLIC2040 means the unit of competency entitled TLIC2040 Provide wheelchair accessible taxi services to passengers with disabilities (Release 1) published on the National Register (as defined in the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3), as at 1 July 2020;

visual, audiovisual or audio recording includes any electronically stored information from which a recorded image or sound can be generated;

wheelchair accessible vehicle has the meaning given in section 278(2) of the Act.

Part 2  Key concepts

4.Approved medical report (s. 4(1))

For the purposes of the definition of approved medical report in section 4(1) of the Act, an approved medical report on an individual must —

(a)be in the approved form; and

(b)be prepared by a medical practitioner; and

(c)be dated no earlier than 6 months before the report is given to the CEO or included in an application under these regulations; and

(d)be based on an examination of the individual by the medical practitioner that was conducted for the purpose of assessing the individual’s mental and physical fitness; and

(e)if the medical practitioner determines that a specialist assessment report is required — include the specialist assessment report.

5.Association arrangements (s. 4(1))

For the purposes of the definition of association arrangement in section 4(1) of the Act, an association arrangement between providers of on‑demand booking services must —

(a)be an agreement between a provider of an authorised on‑demand booking service and another provider of an on‑demand booking service; and

(b)be in the form of a written agreement between the 2 providers; and

(c)state the names of the providers who are the parties to the arrangement; and

(d)state which provider is the provider of the principal booking service and which provider is the provider of the associated booking service under the arrangement; and

(e)state —

(i)the day on which the arrangement takes effect; and

(ii)the term for which the arrangement has effect, which may be ongoing;

and

(f)describe the on‑demand booking services provided by the provider of the associated booking service to which the arrangement applies; and

(g)include an acknowledgment that the provider of the principal booking service is —

(i)responsible for the functions prescribed under regulation 39 in relation to on‑demand booking services provided by the provider of the associated booking service in accordance with the association arrangement; and

(ii)liable to pay levy payable under Part 9 Division 2 of the Act in respect of a booking taken by the provider of the associated booking service.

6.Interstate driver authorisation (s. 4(1))

For the purposes of paragraph (b) of the definition of interstate driver authorisation in section 4(1) of the Act, the following criteria are prescribed —

(a)the authorisation must be valid and in force;

(b)the authorisation must not be subject to suspension.

7.Interstate vehicle authorisation (s. 4(1))

For the purposes of paragraph (b) of the definition of interstate vehicle authorisation in section 4(1) of the Act, the following criteria are prescribed —

(a)the authorisation must be valid and in force;

(b)the authorisation must not be subject to suspension.

8.On‑demand passenger transport services (s. 5(3)(c))

For the purposes of section 5(3)(c) of the Act, a service is not an on‑demand passenger transport service if it is a service by which a person can hire a driver to —

(a)attend at a time and place determined by the hirer; and

(b)drive passengers in the hirer’s vehicle to another location determined by the hirer.

9.On‑demand booking services (s. 10(3))

For the purposes of section 10(3) of the Act, the following are not on‑demand booking services —

(a)a service provided in the course of carrying on business as a travel agent that is incidental to, and not the main part of, that business;

(b)a service that solely —

(i)takes or facilitates bookings for passenger transport vehicles used in providing school bus services; and

(ii)communicates the bookings to drivers of passenger transport vehicles used in providing a school bus service or providers of school bus services;

(c)a communication or technology service that facilitates or enables the taking or communication of bookings if that service is provided for or in connection with an authorised on‑demand booking service;

(d)administrative services, or the provision of safety management systems or regulatory compliance services, for or in connection with an authorised on‑demand booking service.

10.Hire or reward (s. 11)

(1)For the purposes of section 11(1)(a)(i) of the Act, the prescribed amount in relation to a journey to transport passengers is 68.0 cents per kilometre.

(2)For the purposes of section 11(1)(b) of the Act, a person will be considered to be providing a service for the transport of passengers by vehicle for hire or reward if —

(a)the person provides a service for the transport of passengers by vehicle; and

(b)any of the following applies —

(i)the vehicle is being driven to pick up passengers for the purpose of transporting the passengers for hire or reward;

(ii)the person has indicated to the provider of an on‑demand booking service, by logging into a dispatch or booking system or by other means, that the vehicle is available for the purpose of transporting passengers for hire or reward;

(iii)the person is taking bookings on the basis that the vehicle is available for the purpose of transporting passengers for hire or reward.

(3)For the purposes of section 11(1)(b) of the Act, a person will be considered to be driving a vehicle for the purpose of transporting passengers for hire or reward if —

(a)the person is driving the vehicle to pick up passengers for the purpose of transporting the passengers for hire or reward; or

(b)the person driving the vehicle has indicated to the provider of an on‑demand booking service, by logging into a dispatch or booking system or by other means, that the vehicle is available for the purpose of transporting passengers for hire or reward; or

(c)the person driving the vehicle is taking bookings on the basis that the vehicle is available for the purpose of transporting passengers for hire or reward.

(4)For the purposes of section 11(4)(b) of the Act, a person will not be considered to be providing a service for the transport of passengers by vehicle for hire or reward or to be driving a vehicle for the purpose of transporting passengers for hire or reward —

(a)if the person is driving the vehicle in the course of —

(i)providing or operating a child care service; or

(ii)their employment in a child care service;

or

(b)if —

(i)the person is driving the vehicle in the course of duties that the person carries out as a volunteer; and

(ii)carrying passengers in that vehicle is an incidental part of the person’s other duties as a volunteer.

Part 3 — Safety standards

Division 1 — Preliminary

11.Safety standards (s. 14(2))

For the purposes of section 14(2) of the Act, the provisions of Divisions 2 to 5 are specified as safety standards.

12.Persons to whom specified safety standards apply

(1)In this regulation —

relevant provider or driver means —

(a)a provider of an on‑demand booking service; or

(b)a provider of an on‑demand passenger transport service; or

(c)a provider of a regular passenger transport service; or

(d)a provider of a tourism passenger transport service; or

(e)a provider of a school bus service; or

(f)a provider of a passenger transport vehicle; or

(g)a passenger transport driver.

(2)For the purposes of section 14(2) of the Act, a safety standard specified in a provision of Divisions 2 to 5 is specified in relation to a relevant provider or driver if —

(a)the standard expressly imposes an obligation on the relevant provider or driver; or

(b)it is expressly specified that the standard is a safety standard for the relevant provider or driver.

(3)For the purposes of these regulations, a relevant provider or driver is a responsible person in relation to a safety standard specified in a provision of Divisions 2 to 5 if it is expressly specified that the relevant provider or driver is a responsible person in relation to that safety standard.

(4)A statement in a regulation that a safety standard is specified for a relevant provider or driver is taken to apply to all the provisions of the regulation for that purpose unless the regulation otherwise provides.

(5)A statement in a regulation that a relevant provider or driver is a responsible person in relation to a safety standard is taken to apply to all the provisions of the regulation for that purpose unless the regulation otherwise provides.

Division 2 — Safety management system

13.Specified services

The safety standards in this Division apply to the provider of any of the following (a specified service) —

(a)an on‑demand booking service;

(b)a regular passenger transport service;

(c)a tourism passenger transport service;

(d)a school bus service.

14.Safety management system

(1)The provider of a specified service must prepare and maintain a safety management system in accordance with this regulation.

(2)The safety management system must —

(a)identify the reasonably foreseeable hazards that could give rise to risks to the health and safety of drivers, passengers or other persons in connection with the passenger transport service —

(i)provided by the provider; or

(ii)in relation to which the provider provides an on‑demand booking service;

and

(b)include procedures to eliminate or minimise those risks so far as is reasonably practicable; and

(c)be in writing and readily accessible to persons using the system.

(3)The provider of a specified service must ensure that the provider’s safety management system is —

(a)reviewed as soon as practicable after the provider identifies any new hazard referred to in subregulation (2)(a); and

(b)kept up‑to‑date.

15.Offence of contravening safety standard

A provider of a specified service who contravenes the safety standard specified in regulation 14 commits an offence.

Penalty:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

Division 3 — Vehicle standards

Subdivision 1 — General standards

16.Vehicle licence and standards for vehicles

(1)A vehicle used to provide a passenger transport service must at all times be the subject of a vehicle licence, or interstate vehicle licence, that is in force.

(2)A vehicle used to provide a passenger transport service must —

(a)for a vehicle in respect of which a vehicle licence is in force — meet any requirements that apply to the vehicle under the Road Traffic (Vehicles) Act 2012; or

(b)for a vehicle in respect of which an interstate vehicle licence is in force — meet any requirements that apply to the vehicle under the law under which that interstate vehicle licence was issued.

(3)This safety standard is specified for the provider of the vehicle for use in providing the passenger transport service.

(4)The following are responsible persons in relation to this safety standard —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing the passenger transport service;

(b)the provider of the passenger transport service;

(c)the driver of the vehicle.

17.Vehicle maintenance

(1)The following standards apply to the maintenance of a vehicle used to provide a passenger transport service —

(a)the vehicle must be regularly and properly maintained so that it meets the requirements referred to in regulation 16(2);

(b)the maintenance of the vehicle, including any maintenance schedule, is to be consistent with the recommendations of the manufacturer of the vehicle.

(2)This safety standard is specified for the provider of the vehicle for use in providing the passenger transport service.

(3)The following are responsible persons in relation to this safety standard —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing the passenger transport service;

(b)the provider of the passenger transport service;

(c)the driver of the vehicle.

Subdivision 2 — Wheelchair accessible vehicle standards

18.Wheelchair accessible vehicles: applicable standards

(1)A wheelchair accessible vehicle used to provide an on‑demand passenger transport service must comply with —

(a)the following standards —

(i)AS/NZS 3856.1:1998, Hoists and ramps for people with disabilities — Vehicle mounted, Part 1: Product requirements;

(ii)AS/NZS 3856.2:1998, Hoists and ramps for people with disabilities — Vehicle mounted, Part 2: Installation requirements;

(iii)AS/NZS 10542.1:2015, Technical systems and aids for people with disability — Wheelchair tiedown and occupant‑restraint systems, Part 1: Requirements and test methods for all systems;

and

(b)the provisions of Part 9 of the Disability Standards as they apply to taxis; and

(c)section 12.5 of the Disability Standards.

(2)Despite subregulation (1), a vehicle that was modified, upgraded or constructed before the coming into operation of Part 6 of the Act to be a wheelchair accessible vehicle and that is used to provide a passenger transport service must comply with the equivalent standards applying to that modification, upgrade or construction that were in force at the time of the modification, upgrade or construction.

(3)This safety standard is specified for the provider of the vehicle for use in providing the on‑demand passenger transport service.

(4)The following are responsible persons in relation to this safety standard —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing the on‑demand passenger transport service;

(b)the provider of the on‑demand passenger transport service;

(c)the driver of the vehicle.

19.Wheelchair accessible vehicles: operation standards

(1)An on‑demand vehicle must not be used to provide an on‑demand passenger transport service for a passenger in an occupied wheelchair unless the wheelchair is properly restrained.

(2)An on‑demand vehicle must not be used to provide an on‑demand passenger transport service for a passenger in an occupied wheelchair unless the driver meets the requirements of regulation 35.

(3)This safety standard is specified for the driver of the vehicle.

(4)The provider of an on‑demand booking service for the use of the vehicle in providing the on‑demand passenger transport service is a responsible person in relation to this safety standard.

Subdivision 3 — Motor cycle standards

20.Motor cycles: applicable standards

(1)A motor cycle used to provide a passenger transport service must comply with the Australian Design Rules that apply to whichever of the following categories of vehicle in those Rules is appropriate to the motor cycle —

(a)motor cycles (LC vehicles);

(b)motor cycles and side cars (LD vehicles);

(c)motor tricycles (LE vehicles).

(2)A motor cycle used to provide a passenger transport service must be fitted with wheel guards (including mud guards) that meet the requirements in Rule 42/04 — General Safety Requirements in the Australian Design Rules.

(3)A motor cycle that is an LC vehicle as defined in the Australian Design Rules that is used to provide a passenger transport service must not have —

(a)a two‑stroke engine; or

(b)an engine capacity of less than 500 cc.

(4)A motor cycle used to provide a passenger transport service on any part of an unsealed road must be an LD vehicle or an LE vehicle as defined in the Australian Design Rules.

(5)This safety standard is specified for the provider of the motor cycle for use in providing the passenger transport service.

(6)The following are responsible persons in relation to this safety standard —

(a)the provider of an on‑demand booking service for the use of the motor cycle in providing the passenger transport service;

(b)the provider of the passenger transport service;

(c)the driver of the motor cycle.

21.Motor cycle requirements

(1)Motor cycle helmets complying with subregulation (2) must be available in a range of sizes for use by passengers of a motor cycle used to provide a passenger transport service.

(2)The motor cycle helmet must —

(a)be a protective helmet as defined in the Road Traffic Code 2000 regulation 244(1); and

(b)be in an undamaged condition.

(3)The driver of a motor cycle that is being used to provide a passenger transport service must be competent in the operation of the motor cycle when carrying a passenger.

(4)This safety standard is specified for the following —

(a)the provider of an on‑demand booking service for the use of the motor cycle in providing the passenger transport service;

(b)the provider of the passenger transport service.

(5)The driver of the motor cycle is a responsible person in relation to this safety standard.

Subdivision 4 — Specific requirements: on‑demand rank or hail vehicles

22.Markings, lights and signs: on‑demand rank or hail vehicles

(1)An on‑demand rank or hail vehicle must meet the following requirements —

(a)the vehicle must be marked as an on‑demand rank or hail vehicle (which may include being marked as a taxi);

(b)the vehicle must be fitted with a roof light and roof sign that are clearly visible in daylight;

(c)the required number plates issued or taken to be issued for the vehicle under the Road Traffic (Vehicles) Regulations 2014 regulation 111(2) must be attached to the vehicle;

(d)the numerals on the number plates referred to in paragraph (c) must be displayed on the vehicle in raised form on each of the passenger doors, either —

(i)just forward of the handle; or

(ii)if, due to the design of the vehicle, it is not practicable to display the numerals just forward of the handle — in another position close to the handle.

(2)This safety standard is specified for the following —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(b)the provider of the vehicle for use in providing a passenger transport service.

(3)The driver of the vehicle is a responsible person in relation to this safety standard.

23.Livery: on‑demand rank or hail vehicles

(1)An on‑demand rank or hail vehicle must display prominent livery on the left and right sides of the vehicle on any of the side panels or door panels.

(2)This safety standard is specified for the following —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(b)the provider of the vehicle for use in providing a passenger transport service.

(3)The driver of the vehicle is a responsible person in relation to this safety standard.

24.When roof lights to be lit: on‑demand rank or hail vehicles

(1)The roof light of an on‑demand rank or hail vehicle —

(a)must be lit when the vehicle is available to provide a rank or hail service; and

(b)must not be lit when the vehicle is unavailable to provide a rank or hail service.

(2)This safety standard is specified for the driver of the vehicle.

(3)The following are responsible persons in relation to this safety standard —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(b)the provider of an on‑demand rank or hail passenger transport service that is provided using the vehicle.

25.Contact information: on‑demand rank or hail vehicles

(1)An on‑demand rank or hail vehicle used to provide an on‑demand rank or hail passenger transport service must be painted or marked so that the contact information for the provider of the on‑demand booking service in relation to the on‑demand rank or hail passenger transport service —

(a)is displayed prominently; and

(b)is clearly visible on the vehicle.

(2)This safety standard is specified for the provider of the on‑demand booking service in relation to the on‑demand rank or hail passenger transport service.

(3)The following are responsible persons in relation to this safety standard —

(a)the provider of the on‑demand rank or hail passenger transport service;

(b)the driver of the vehicle.

Subdivision 5 — Specific requirements: on‑demand charter vehicles

26.Signs, lights and markings: on‑demand charter vehicles not to be represented as on‑demand rank or hail vehicles

(1)An on‑demand charter vehicle that is being used to provide an on‑demand passenger transport service must not have signs or lights or be painted or marked in a manner that —

(a)might indicate to a reasonable person that the vehicle is an on‑demand rank or hail vehicle; or

(b)could result in the vehicle resembling an on‑demand rank or hail vehicle; or

(c)could give rise to the inference that the vehicle is an on‑demand rank or hail vehicle.

(2)An on‑demand charter vehicle that is being used to provide an on‑demand passenger transport service must not use or display the word “taxi”, or words with similar meaning, in a manner that —

(a)might indicate to a reasonable person that the vehicle is an on‑demand rank or hail vehicle; or

(b)could give rise to the inference that the vehicle is an on‑demand rank or hail vehicle.

(3)This safety standard is specified for the following —

(a)the provider of the on‑demand booking service in relation to the on‑demand passenger transport service;

(b)the provider of the vehicle for use in providing the on‑demand passenger transport service;

(c)the driver of the vehicle.

(4)The provider of an on‑demand passenger transport service that is provided using the vehicle is a responsible person in relation to this safety standard.

27.Signs and livery: on‑demand charter vehicles

(1)Subject to regulation 28, an on‑demand charter vehicle that is being used to provide an on‑demand passenger transport service must display —

(a)livery; or

(b)a sign that is clearly visible from the outside of the vehicle while it is operating indicating that it is an on‑demand charter vehicle.

(2)The livery referred to in subregulation (1)(a) must be —

(a)legible or recognisable to persons in the vicinity of the vehicle; and

(b)clearly visible in daylight and at night.

(3)The sign referred to in subregulation (1)(b) must be located —

(a)at the left of the rear window of the vehicle; or

(b)if that is not practicable, in a position on the vehicle that is clearly visible from the rear of the vehicle while it is operating.

(4)The sign referred to in subregulation (1)(b) must identify the provider of the on‑demand booking service in relation to the on‑demand passenger transport service by name or by logo so that the name or logo is —

(a)legible or recognisable from the rear of the vehicle; and

(b)clearly visible in daylight and at night.

(5)This safety standard is specified for the following —

(a)the provider of the on‑demand booking service in relation to the on‑demand passenger transport service;

(b)the provider of the vehicle for use in providing the on‑demand passenger transport service;

(c)the driver of the vehicle.

(6)The provider of the on‑demand passenger transport service is a responsible person in relation to this safety standard.

28.Exception to signs and livery requirements relating to family violence: on‑demand charter vehicles

(1)In this regulation —

approved provider (family violence exception) means a provider of an authorised on‑demand booking service in relation to whom an approval under subregulation (4) is in force;

family violence has the meaning given in the Restraining Orders Act 1997 section 5A.

(2)An on‑demand charter vehicle that is being used to provide an on‑demand passenger transport service the booking for which was taken or facilitated by an approved provider (family violence exception) is not required to comply with regulation 27(1) if the driver of the vehicle or the provider believes on reasonable grounds that —

(a)the service was booked in connection with family violence; and

(b)it is necessary or desirable in order to protect the safety of a passenger or the driver that the vehicle is not readily identifiable as an on‑demand charter vehicle.

(3)The provider of an authorised on‑demand booking service may apply to the CEO in the approved form for approval as an approved provider (family violence exception).

(4)On application under subregulation (3), the CEO may by written notice approve the provider of an authorised on‑demand booking service as an approved provider (family violence exception) if the CEO is satisfied that the provider has in place appropriate policies and procedures to ensure that in a situation in which subregulation (2) is relied on —

(a)the safety of each passenger and the driver is protected; and

(b)the vehicle is identifiable to each passenger; and

(c)reliance on subregulation (2) is communicated to the driver of the vehicle or the provider (as the case may be) as soon as practicable.

(5)The CEO may by written notice revoke an approval under subregulation (4) if the CEO is no longer satisfied that the provider meets the requirements for a grant of an approval under subregulation (4).

Subdivision 6 — Driver identity documents

29.Driver identity document: on‑demand rank or hail vehicle

(1)The driver of an on‑demand rank or hail vehicle who holds a passenger transport driver authorisation must have a driver identity document in the approved form containing the following —

(a)a photograph of the driver that was taken no more than 5 years earlier;

(b)the first name of the driver;

(c)the driver’s passenger transport driver authorisation number;

(d)any other information required by the approved form.

(2)The driver of an on‑demand rank or hail vehicle who holds an interstate driver authorisation must have —

(a)a driver identity document issued to the driver by an interstate passenger transport authority (as defined in section 150 of the Act); or

(b)otherwise — a driver identity document in the approved form containing the following —

(i)a photograph of the driver that was taken no more than 5 years earlier;

(ii)the first name of the driver;

(iii)the driver’s interstate driver authorisation number;

(iv)any other information required by the approved form.

(3)This safety standard is specified for the driver of the vehicle.

(4)The following are responsible persons in relation to this safety standard —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(b)the provider of an on‑demand passenger transport service that is provided using the vehicle.

30.Display of driver identity document: on‑demand rank or hail vehicle

(1)The driver identity document of a driver of an on‑demand rank or hail vehicle must be displayed in the vehicle so that it is clearly visible to passengers in the vehicle who wish to view it.

(2)This safety standard is specified for the driver of the vehicle.

(3)The following are responsible persons in relation to this safety standard —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(b)the provider of an on‑demand passenger transport service that is provided using the vehicle.

31.Provision or display of driver identity information: on‑demand charter vehicle

(1)In this regulation —

required information, in relation to a driver, means —

(a)a photograph of the driver that was taken no more than 5 years earlier; and

(b)the first name of the driver; and

(c)the driver’s relevant driver authorisation number; and

(d)any other information required by the approved form referred to in subregulation (2)(a) or (b), as the case requires.

(2)The required information in relation to the driver of an on‑demand charter vehicle must be —

(a)made available in the approved form at the time of booking for viewing by the person who books the vehicle for use in providing an on‑demand passenger transport service; or

(b)displayed in the approved form when the vehicle is being used to provide an on‑demand passenger transport service —

(i)on the driver’s person; or

(ii)in the vehicle so that it is clearly visible to passengers in the vehicle who wish to view it.

(3)Despite paragraph (c) of the definition of required information in subregulation (1), the relevant driver authorisation number of a driver who holds a passenger transport driver authorisation is not required to be made available or displayed under subregulation (2) during the period of 14 days beginning on the day on which the passenger transport driver authorisation is granted.

(4)Subregulation (2) is taken to be satisfied if —

(a)the required information (other than the driver’s relevant driver authorisation number) is made available in accordance with subregulation (2)(a); and

(b)the driver’s relevant driver authorisation number is displayed in the approved form —

(i)on the driver’s person; or

(ii)in the vehicle so that it is clearly visible to passengers in the vehicle who wish to view it.

(5)This safety standard is specified for the following —

(a)the provider of the on-demand booking service in relation to the on-demand passenger transport service;

(b)the provider of an on‑demand passenger transport service that is provided using the vehicle;

(c)the driver of the vehicle.

Subdivision 7 — Offences

32.Offence of contravening safety standard

(1)A person who contravenes a safety standard specified for that person in regulation 19, 22, 23, 26 or 27 commits an offence.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(2)A person who contravenes any other safety standard specified for that person in this Division commits an offence.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(3)A person who is specified in this Division as a responsible person in relation to a safety standard specified in regulation 19, 22, 23, 26 or 27 must ensure, so far as is reasonably practicable, that the safety standard is complied with.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(4)A person who is specified in this Division as a responsible person in relation to any other safety standard specified in this Division must ensure, so far as is reasonably practicable, that the safety standard is complied with.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

Division 4 — Provision of information

33.Information to be made available by provider of on‑demand booking service

(1)The provider of an on‑demand booking service must make the following information available to a person who makes a booking for an on‑demand vehicle to be used in providing an on‑demand passenger transport service —

(a)information about the vehicle;

(b)information about the driver of the vehicle.

(2)The information provided must be —

(a)sufficient to enable a proposed passenger to identify the vehicle and the driver; and

(b)provided a reasonable time before the journey.

(3)This regulation does not apply if the vehicle is engaged to provide a passenger transport service on a rank or hail basis.

34.Offence of contravening safety standard

A provider of an on‑demand booking service who contravenes the safety standard specified in regulation 33 commits an offence.

Penalty:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

Division 5 — Driver competence and reporting

35.Driver of wheelchair accessible vehicle to be competent in loading and unloading wheelchair passengers

(1)A driver of a wheelchair accessible vehicle that is being used to provide a passenger transport service must be able to demonstrate a level of competence in the safe loading, restraint and unloading of a person in a wheelchair at the standard specified in subregulation (2).

(2)The standard of competence is equivalent to that required to complete the following elements of unit of competency TLIC2040 —

(a)Element 3 (Assist passengers into and out of a taxi in a manner suited to their disability);

(b)Element 4 (Drive a taxi used by passengers with disabilities).

(3)This safety standard is specified for the following —

(a)the provider of the on-demand booking service in relation to the passenger transport service;

(b)the provider of the passenger transport service;

(c)the driver of the vehicle.

(4)The provider of the vehicle for use in providing the passenger transport service is a responsible person in relation to this safety standard.

36.Driver reporting requirements

(1)A passenger transport driver must give written notice to the CEO of —

(a)any driving impairment of the driver or any alteration to a driving impairment of the driver of which the road traffic CEO must be informed under the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 64; and

(b)any other change in the driver’s circumstances that adversely affects whether the driver is a fit and proper person to hold a passenger transport driver authorisation, having regard to the matters set out in section 97(3) of the Act.

(2)The requirement under subregulation (1)(a) is taken to be satisfied if the passenger transport driver informs the road traffic CEO under the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 64 of the driving impairment of the driver or the alteration to a driving impairment of the driver.

(3)The passenger transport driver must give notice under subregulation (1) within 7 days after the driver becomes aware of the driving impairment, alteration to the driving impairment or change in circumstances.

(4)The following are responsible persons in relation to this safety standard —

(a)the provider of an on‑demand booking service for the use of a vehicle driven by the passenger transport driver in providing a passenger transport service;

(b)the provider of a passenger transport service provided using a vehicle driven by the passenger transport driver.

37.Offence of contravening safety standard

(1)A person who contravenes a safety standard specified for that person in regulation 35 commits an offence.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(2)A person who contravenes a safety standard specified for that person in regulation 36 commits an offence.

Penalty for this subregulation: a fine of $9 000.

(3)A person who is specified in regulation 35 as a responsible person in relation to the safety standard in that regulation must ensure, so far as is reasonably practicable, that the safety standard is complied with.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(4)A person who is specified in regulation 36 as a responsible person in relation to the safety standard in that regulation must ensure, so far as is reasonably practicable, that the safety standard is complied with.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

Part 4 — Authorisation of on‑demand booking services

Division 1 — Preliminary

38.Term used: disqualification offence

In this Part —

disqualification offence means an offence prescribed under regulation 52 for the purposes of Part 3 of the Act.

39.Prescribed functions for which provider of principal booking service is responsible (s. 27(3))

(1)For the purposes of section 27(3) of the Act, the provider of an authorised on‑demand booking service (the principal booking service) who has entered into an association arrangement is responsible for the functions set out in subregulation (2) in relation to on‑demand booking services provided by the provider of the associated booking service in accordance with the association arrangement, as if —

(a)an on‑demand booking service provided by the provider of the associated booking service were provided by the provider of the principal booking service; and

(b)a booking taken or facilitated by the provider of the associated booking service were taken or facilitated by the provider of the principal booking service.

(2)For the purposes of subregulation (1), the functions are the following —

(a)preparing, maintaining, reviewing and keeping up‑to‑date a safety management system in accordance with regulation 14;

(b)keeping and retaining records relating to drivers, vehicles, bookings and booking requests in accordance with regulations 57 and 58;

(c)ensuring that a complaints resolution procedure is prepared and made accessible in accordance with regulation 62;

(d)keeping and retaining records of customer complaints in accordance with regulation 63.

Notes for this regulation:

1.The provider of the principal booking service under an association arrangement is also liable to pay any levy payable under Part 9 Division 2 of the Act in relation to bookings taken by the provider of the associated booking service (see section 244(3) of the Act).

2.For the purposes of regulation 43, an on‑demand booking service provided by the provider of an associated booking service under an association arrangement is considered to be provided under the on‑demand booking service authorisation of the provider of the principal booking service.

Division 2 — Applications for on‑demand booking service authorisations

40.Information to be included in on‑demand booking service authorisation application (s. 29(4)(e))

For the purposes of section 29(4)(e) of the Act, an application for an on‑demand booking service authorisation must include the following information —

(a)the maximum number of vehicles the applicant wants to be covered by the authorisation;

(b)whether the applicant, a person nominated under section 29(4)(c) of the Act in the application or a close associate of the applicant has previously held an on‑demand booking service authorisation, or an equivalent authorisation in another State or a Territory, that has been cancelled;

(c)whether the applicant, a person nominated under section 29(4)(c) of the Act in the application or a close associate of the applicant has previously made an application for an on‑demand booking service authorisation, or an equivalent authorisation in another State or a Territory, that was refused.

41.Documents to be included in on‑demand booking service authorisation application (s. 29(4)(e))

For the purposes of section 29(4)(e) of the Act, an application for an on‑demand booking service authorisation must include —

(a)in relation to each person nominated in the application under section 29(4)(c) of the Act, a criminal record check for the person that is dated no earlier than 3 months before the day on which the application is made; and

(b)any other documents required by the approved form.

42.Declaration as to persons nominated as responsible officers

The declaration required under section 29(4)(d) of the Act must be made by —

(a)if the applicant is an individual or the trustee of a trust — the applicant; or

(b)if the applicant is a partnership — a partner of the partnership; or

(c)if the applicant is a company — a director of the body corporate; or

(d)if the applicant is an incorporated association — a member of the management committee of the association.

Division 3 — Grant, duration and renewal of on‑demand booking service authorisations

43.Condition for maximum number of vehicles

(1)An authorisation document issued to the provider of an authorised on‑demand booking service must identify the maximum number of vehicles covered by the authorisation.

(2)It is a condition of an on‑demand booking service authorisation that the provider of the authorised on‑demand booking service must ensure that, at any time, the total number of vehicles in relation to which an on‑demand booking service is provided under the authorisation does not exceed the maximum number identified on the authorisation document.

(3)For the purposes of subregulation (2), an on‑demand booking service is provided under an on‑demand booking service authorisation if —

(a)the service is provided by the provider of the authorised on‑demand booking service; or

(b)the provider of the authorised on‑demand booking service has entered into an association arrangement and the service is provided by the provider of the associated booking service in accordance with the association arrangement.

44.Variation of maximum number of vehicles

(1)The provider of an authorised on‑demand booking service may apply to the CEO in the approved form for a variation to increase the maximum number of vehicles covered by the on‑demand booking service authorisation.

(2)An application under subregulation (1) —

(a)cannot be made within the period of 2 months ending on the day on which the current authorisation expires; and

(b)must include any documents required by the approved form.

(3)The CEO may vary the maximum number of vehicles covered by the authorisation if —

(a)the application is made in accordance with subregulations (1) and (2); and

(b)the applicant pays the fee calculated under regulation 177(3) (if any) within 7 days after the application is made.

(4)The CEO may refuse to vary the maximum number of vehicles covered by the authorisation if the CEO is not satisfied that the variation is appropriate in the circumstances.

(5)If the CEO varies the maximum number of vehicles covered by the authorisation under subregulation (3), the CEO must issue to the provider a new authorisation document for the authorisation which must —

(a)identify the new maximum number of vehicles covered by the authorisation; and

(b)specify the day on which the variation of the authorisation comes into force.

(6)A variation of an on-demand booking service authorisation under this regulation does not affect when the authorisation expires.

45.Duration of on‑demand booking service authorisation (s. 39(1))

(1)An authorisation document issued to the provider of an on‑demand booking service must specify the day on which the authorisation comes into force.

(2)For the purposes of section 39(1) of the Act, an on‑demand booking service authorisation granted under section 31 of the Act or regulation 46(4) —

(a)is granted for the period of 12 months beginning on the day on which the authorisation comes into force; and

(b)expires at the end of the last day of that period.

46.Renewal of on‑demand booking service authorisation

(1)The provider of an authorised on‑demand booking service may apply to the CEO in the approved form for the renewal of the on‑demand booking service authorisation (the prior authorisation).

(2)An application under subregulation (1) must —

(a)be made within the period of 2 months ending on the day on which the prior authorisation expires; and

(b)include —

(i)if the last criminal record check for any responsible officer of the applicant is dated earlier than 5 years before the day on which the application is made — a further criminal record check for the responsible officer that is dated no earlier than 3 months before that day; and

(ii)any other documents required by the approved form;

and

(c)if the applicant wants the maximum number of vehicles covered by the authorisation to be different from the maximum number covered by the prior authorisation — state the maximum number of vehicles the applicant wants to be covered by the authorisation.

(3)The CEO may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice within the time specified in the notice.

(4)The CEO must grant a further on‑demand booking service authorisation to the applicant if —

(a)the application is made in accordance with subregulations (1) and (2); and

(b)the applicant pays the applicable authorisation fee prescribed under regulation 177(2) within the period referred to in subregulation (2)(a); and

(c)the applicant complies with any notice given under subregulation (3).

(5)Despite subregulation (4), the CEO —

(a)may refuse to grant a further on‑demand booking service authorisation to the applicant if —

(i)the prior authorisation is suspended; or

(ii)any of the grounds for making an order suspending or cancelling the prior authorisation under section 42(1) or 43(1) or (4) of the Act apply;

and

(b)must refuse to grant a further on‑demand booking service authorisation if section 43(2) or (3) of the Act applies in relation to the prior authorisation.

(6)The authorisation document issued under section 37 of the Act for a further on‑demand booking service authorisation granted under subregulation (4) must specify —

(a)the same authorisation number as the prior authorisation; and

(b)the day on which the authorisation comes into force, which must be the day after the day on which the prior authorisation expires.

47.Surrender of on‑demand booking service authorisation

(1)The provider of an authorised on‑demand booking service may, by written notice to the CEO, surrender the on‑demand booking service authorisation.

(2)If a provider surrenders an on‑demand booking service authorisation, the CEO must cancel the authorisation by written notice to the provider stating the day on which the cancellation takes effect.

(3)A provider who surrenders an on‑demand booking service authorisation is not entitled to any refund of a fee paid in connection with the authorisation or any part of such a fee.

Division 4 — Responsible officers

48.Responsible officer must be ordinarily resident in Australia (s. 30(f))

For the purposes of section 30(f) of the Act, a person nominated under section 29(4)(c) of the Act or regulation 50 must be ordinarily resident in Australia.

49.At least 1 responsible officer to be resident in State

It is a condition of an on‑demand booking service authorisation that the provider must take all reasonable steps to ensure that at all times there is at least 1 responsible officer of the provider of the authorised on‑demand booking service who is a resident of the State.

50.Nomination of additional or replacement responsible officer

(1)The provider of an authorised on‑demand booking service may at any time, by written notice to the CEO, nominate 1 or more additional persons to represent the provider in providing the service.

(2)If a person ceases to be a responsible officer of the provider of an authorised on‑demand booking service, the provider must as soon as practicable give written notice to the CEO stating that the person has ceased to be a responsible officer.

Penalty for this subregulation:

(a)for an individual, a fine of $3 000;

(b)for a body corporate, a fine of $10 000.

(3)Subregulation (4) applies if the provider of an on‑demand booking service ceases, or becomes aware that the provider will cease, to have either of the following —

(a)at least 1 responsible officer who is a resident of the State;

(b)if the provider is a body corporate — at least 1 responsible officer who is a director or manager of the body corporate.

(4)The provider must as soon as practicable give written notice to the CEO nominating 1 or more replacement persons to represent the provider of the on‑demand booking service in providing the service, so that the provider has a responsible officer or officers meeting the criteria in subregulation (3)(a) and (b).

Penalty for this subregulation:

(a)for an individual, a fine of $3 000;

(b)for a body corporate, a fine of $10 000.

(5)When a nomination under subregulation (1) or (4) is made, the provider must —

(a)pay the nomination fee prescribed under regulation 177(1); and

(b)give the CEO a criminal record check for each nominated person that is dated no earlier than 3 months before the day on which the nomination is made.

Note for this regulation:

Under section 30 of the Act, a person must meet the criteria in that section in order to be nominated under this regulation to represent the provider of an on‑demand booking service in providing that service.

51.Acceptance of or refusal to accept nomination of additional or replacement responsible officer

(1)The CEO may accept the nomination of a person by the provider of an authorised on‑demand booking service under regulation 50(1) or (4) if the CEO is satisfied that the person is a responsible officer of the provider.

(2)The CEO may refuse to accept the nomination of a person by the provider of an authorised on‑demand booking service under regulation 50(1) or (4) if —

(a)the person has previously held an on‑demand booking service authorisation, or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or

(b)the person has been charged with a disqualification offence.

(3)The CEO must refuse to accept the nomination of a person by the provider of an authorised on‑demand booking service under regulation 50(1) or (4) if —

(a)the person —

(i)has been convicted of a disqualification offence; and

(ii)the conviction has not been quashed or set aside; and

(iii)the disqualification period prescribed under regulation 52 in relation to the disqualification offence has not passed since the conviction;

or

(b)for a nomination under regulation 50(4) — the nomination will not result in the provider having a responsible officer or officers meeting the criteria in regulation 50(3)(a) and (b).

(4)The CEO must give written notice of the acceptance of or refusal to accept a nomination under regulation 50(1) or (4) to the provider of the authorised on‑demand booking service.

Division 5 — Disqualification

52.Disqualification offences and disqualification periods (s. 26 and 46)

The disqualification offences and disqualification periods set out in Schedule 2 are prescribed for the purposes of Part 3 of the Act.

53.Reinstatement of authorisation if conviction quashed or set aside

(1)This regulation applies if —

(a)an on‑demand booking service authorisation has been cancelled under section 43(2), (3) or (4) of the Act because the provider of the authorised on‑demand booking service, or a responsible officer or close associate of the provider, has been convicted of a disqualification offence; and

(b)the conviction is quashed or set aside on or before the day on which the authorisation would have expired.

(2)On application by the provider, the CEO must, by written notice to the provider, reinstate the authorisation and issue a further authorisation document to the provider specifying the same authorisation number as the cancelled authorisation.

(3)A reinstated authorisation remains in force until it is cancelled or until it expires under regulation 45(2)(b) at the end of the period of 12 months after it originally came into force (whichever occurs first).

54.Requirement to notify CEO of charge or conviction for disqualification offence

If the provider of an authorised on‑demand booking service, or a responsible officer or close associate of the provider, is charged with or convicted of a disqualification offence, the provider must give written notice of the charge or conviction to the CEO as soon as practicable after becoming aware of the charge or conviction.

Penalty:

(a)for an individual, a fine of $3 000;

(b)for a body corporate, a fine of $10 000.

Division 6 — Changes to information

55.Provider of on‑demand booking service to notify change in circumstances

The provider of an authorised on‑demand booking service must give written notice to the CEO, as soon as practicable after becoming aware of the change, if there is a change in any of the information that is given to the CEO —

(a)in the application for the on‑demand booking service authorisation; or

(b)in an application for renewal of the on‑demand booking service authorisation; or

(c)under this regulation.

Penalty:

(a)for an individual, a fine of $3 000;

(b)for a body corporate, a fine of $10 000.

Division 7 — Records

Subdivision 1 — Records of drivers, vehicles and bookings

56.Obligations in this Division are conditions on authorisation

It is a condition of an on‑demand booking service authorisation that the provider of the authorised on‑demand booking service must comply with the requirements imposed by regulations 57 and 58.

57.Records of drivers and vehicles

(1)The provider of an authorised on‑demand booking service must keep records of the following information —

(a)for each person who drives a vehicle for use in providing an on‑demand passenger transport service in relation to which the provider provides an on‑demand booking service —

(i)the person’s name; and

(ii)the person’s relevant driver authorisation number;

(b)the vehicle licence number or interstate vehicle licence number of each vehicle used in the provision of an on‑demand passenger transport service in relation to which the provider provides an on‑demand booking service.

(2)The records referred to subregulation (1) must be kept in the manner and form approved by the CEO.

(3)A record referred to in subregulation (1)(a) must be retained for at least 2 years after the person ceases to drive a vehicle as referred to in that subregulation.

(4)A record referred to in subregulation (1)(b) must be retained for at least 2 years after the vehicle ceases to be used as referred to in that subregulation.

58.Records of bookings for on‑demand passenger transport services

(1)In this regulation —

associated journey, in relation to a relevant booking, means a journey to transport passengers by vehicle that is made as part of the on‑demand passenger transport service to which the relevant booking relates;

relevant booking, in relation to the provider of an on‑demand booking service, means a booking for an on‑demand vehicle to be used in providing an on‑demand passenger transport service taken or facilitated by the provider of the on‑demand booking service;

wheelchair accessible vehicle booking means a relevant booking for a wheelchair accessible vehicle to be used in providing an on‑demand passenger transport service.

(2)Subject to subregulation (3), the provider of an authorised on‑demand booking service must keep records of the following information in relation to each relevant booking —

(a)the day and time at which the booking was taken or facilitated;

(b)the day of the associated journey and the times it began and ended;

(c)the locations where the associated journey began and ended;

(d)the following information about the driver of the vehicle —

(i)the driver’s name;

(ii)the driver’s relevant driver authorisation number;

(e)the vehicle licence number or interstate vehicle licence number of the vehicle;

(f)any contact details provided by the person who made the booking or to whose account the booking was charged;

(g)the number of passengers carried who were seated in a wheelchair (if any);

(h)if the vehicle was an electric vehicle — that information;

(i)the amount payable for the on‑demand passenger transport service and the components of that amount.

(3)If the provider of an authorised on‑demand booking service (the first provider) refers a relevant booking to the provider of another authorised on‑demand booking service (the second provider) —

(a)the first provider must keep records of the following information but is not required to keep the records required by subregulation (2) in relation to the booking —

(i)the day and time of the referral of the booking;

(ii)the name of the second provider;

(iii)any contact details provided by the person who made the booking or to whose account the booking was charged;

and

(b)the second provider must keep —

(i)a record of the name of the first provider; and

(ii)records of the information required by subregulation (2) in relation to the booking.

(4)The provider of an authorised on‑demand booking service must keep records of the following information in relation to each request for a wheelchair accessible vehicle booking that does not result in a booking being taken or facilitated —

(a)any contact details provided by the person making the request or through whose account the request is made;

(b)the day and time of the request;

(c)the on‑demand passenger transport service for which a booking is requested.

(5)The records referred to in subregulations (2), (3) and (4) must be kept in the manner and form approved by the CEO.

(6)A record referred to in subregulation (2) or (3) must be retained for at least 2 years after the day on which the relevant booking is taken or facilitated.

(7)A record referred to in subregulation (4) must be retained for at least 2 years after the day on which the booking request is made.

Subdivision 2 — Records of association arrangements

59.Records of association arrangements

(1)A person who is or has been a party to an association arrangement must, in accordance with this regulation —

(a)retain a copy of the arrangement; and

(b)if the person is or has been the provider of an authorised on-demand booking service — keep records of the following information —

(i)the day on which the arrangement takes effect;

(ii)the name and contact details of the other party to the arrangement;

(iii)if the arrangement ceases to have effect — the day on which the arrangement ceases to have effect.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(2)The records referred to in subregulation (1)(b) must be kept in the manner and form approved by the CEO.

(3)A copy of an association arrangement referred to in subregulation (1)(a) or a record referred to in subregulation (1)(b) must be retained for at least 2 years after the day on which the association arrangement ceases to have effect.

Division 8 — Offences relating to advertising by providers of on‑demand booking services

60.Offence to offer or advertise on‑demand booking service or on‑demand passenger transport service unless authorised

The provider of an on‑demand booking service must not offer to provide, advertise, or authorise or permit the publication of an advertisement for, an on‑demand booking service or an on‑demand passenger transport service unless the provider —

(a)is the holder of an on‑demand booking service authorisation that is in force; or

(b)is the provider of an associated booking service in relation to another on‑demand booking service the provider of which holds an on‑demand booking service authorisation that is in force.

Penalty:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

61.Name or authorisation number of provider must be included in advertising

(1)The provider of an authorised on‑demand booking service must not advertise, or authorise or permit the publication of an advertisement for, the on‑demand booking service or an on‑demand passenger transport service unless the advertisement includes at least one of the following (as published on the list under section 41 of the Act) —

(a)the authorisation number of the provider;

(b)the name of the provider;

(c)a trading name or business name used by the provider.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The provider of an on‑demand booking service that is an associated booking service in relation to an authorised on‑demand booking service (the principal booking service) must not advertise, or authorise or permit the publication of an advertisement for, the associated booking service or an on‑demand passenger transport service unless the advertisement includes —

(a)a statement that the provider of the associated booking service has an association arrangement with the provider of the principal booking service; and

(b)at least one of the following (as published on the list under section 41 of the Act) —

(i)the authorisation number of the provider of the principal booking service;

(ii)the name of the provider of the principal booking service;

(iii)a trading name or business name used by the provider of the principal booking service.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

Division 9 — Complaints

62.Complaints resolution procedure

The provider of an authorised on‑demand booking service must ensure that —

(a)a written procedure is prepared that provides for —

(i)a simple process by which a customer can make a complaint in relation to an on‑demand booking service provided by the provider or an on‑demand passenger transport service in relation to which the provider provides an on‑demand booking service; and

(ii)complaints to be investigated and resolved within a period that is reasonable in the circumstances;

and

(b)the procedure is readily accessible by —

(i)customers; and

(ii)drivers of on‑demand vehicles used or to be used in providing on‑demand passenger transport services in relation to which the provider provides an on‑demand booking service.

Penalty:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

63.Records of customer complaints

(1)The provider of an authorised on‑demand booking service must keep records in accordance with this regulation of —

(a)each complaint made by a customer in relation to an on‑demand booking service provided by the provider or an on‑demand passenger transport service in relation to which the provider provides an on‑demand booking service; and

(b)the resolution of those complaints.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(2)The records referred to subregulation (1) must be kept in the manner and form approved by the CEO.

(3)A record referred to in subregulation (1) must be retained for at least 2 years after the complaint is made.

Division 10 — Miscellaneous

64.List of authorised on‑demand booking services (s. 41)

The list of all providers of authorised on‑demand booking services published under section 41 of the Act must include the following information about each provider —

(a)the name of the provider;

(b)any trading name or business name used by the provider in connection with the provision of the on‑demand booking service;

(c)the authorisation number for the on‑demand booking service authorisation.

Part 5 — Authorisation of regular passenger transport services

Division 1 — Preliminary

65.Exemption for contracted provider of authorised regular passenger transport service

(1)A person (the contracted provider) who has entered into a contract with the provider of an authorised regular passenger transport service (the principal provider) to provide a regular passenger transport service on behalf of the principal provider is exempt from carrying out the functions set out in subregulation (2) in relation to the regular passenger transport service provided by the contracted provider in accordance with the contract.

(2)The functions are the following —

(a)complying with the safety duties specified in Part 2 of the Act;

(b)keeping and retaining records in accordance with regulation 74;

(c)ensuring that a complaints resolution procedure is prepared and made accessible in accordance with regulation 77;

(d)keeping and retaining records of customer complaints in accordance with regulation 78.

(3)This regulation does not affect the obligation of the principal provider to carry out the functions set out in subregulation (2) .

Division 2 — Grant, duration and renewal of regular passenger service authorisations

66.Application for approval of temporary variation of route or area (s. 70(2))

An application under section 70(2) of the Act for approval of a temporary variation of the route or routes or area or areas approved under a regular passenger transport service authorisation must —

(a)be in writing; and

(b)specify the particular route or routes or area or areas to be varied and how they are to be varied; and

(c)specify the period of time for which the temporary variation is sought; and

(d)set out why the variation and the period of variation is required.

67.Temporary variation of route or area (s. 70(2))

A variation approved under section 70(2) of the Act must specify —

(a)the period for which it is to have effect; and

(b)any variation of the conditions of the authorisation by the Minister under section 68 of the Act that is made as a result of the variation under section 70(2) of the Act.

68.Duration of regular passenger transport service authorisation (s. 74(1))

(1)An authorisation document issued to the provider of a regular passenger transport service must specify the day on which the authorisation comes into force.

(2)For the purposes of section 74(1) of the Act, a regular passenger transport service authorisation granted under section 63 of the Act or regulation 69(4) —

(a)is granted for the period of 5 years beginning on the day on which the authorisation comes into force; and

(b)expires at the end of the last day of that period.

69.Renewal of regular passenger transport service authorisation

(1)The provider of an authorised regular passenger transport service may apply in the approved form for the renewal of the regular passenger transport authorisation (the prior authorisation).

(2)An application under subregulation (1) must —

(a)be made within the period of 2 months ending on the day on which the prior authorisation expires; and

(b)include the documents required by the approved form; and

(c)be accompanied by the application fee prescribed under regulation 177(1).

(3)The CEO may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice within the time specified in the notice.

(4)If the applicant makes an application in accordance with subregulations (1) and (2) and complies with any notice given under subregulation (3), the Minister —

(a)must consider the application; and

(b)may have regard to the matters in section 62 of the Act; and

(c)may grant a further regular passenger transport service authorisation to the applicant.

(5)The Minister may refuse to grant a further regular passenger transport service authorisation to the applicant if —

(a)the prior authorisation is suspended; or

(b)any of the grounds for making an order suspending or cancelling the prior authorisation under section 79(1) of the Act apply; or

(c)having regard to the matters in section 62 of the Act, the Minister considers that a further regular passenger transport service authorisation should not be granted to the applicant.

(6)The authorisation document issued under section 72 of the Act for a further regular passenger transport service authorisation granted under subregulation (4) must specify —

(a)the same authorisation number as the prior authorisation; and

(b)the day on which the authorisation comes into force, which must be the day after the day on which the prior authorisation expires.

Division 3 — Changes to information

70.Provider of authorised regular passenger transport service to notify change in circumstances

The provider of an authorised regular passenger transport service must give written notice to the CEO, as soon as practicable after becoming aware of the change, if there is a change in any of the information that is given to the CEO —

(a)in the application for the authorisation; or

(b)in an application for renewal of the authorisation; or

(c)under this regulation.

Penalty:

(a)for an individual, a fine of $3 000;

(b)for a body corporate, a fine of $10 000.

Division 4 — Conditions of authorisation

71.Obligations in this Division are conditions on authorisation

It is a condition of a regular passenger transport service authorisation that the provider of the authorised regular passenger transport service must comply with the requirements imposed by regulations 72, 73 and 74.

72.Use of regular passenger transport vehicles

(1)The provider of an authorised regular passenger transport service must not permit a vehicle that is being used to provide the regular passenger transport service to stand or operate in a taxi rank.

(2)The provider of an authorised regular passenger transport service must not permit a vehicle that is being used to provide the regular passenger transport service to stand, tout or ply for hire on a road or in another place accessible to the public for the purpose of attracting customers, unless —

(a)the place is associated with a route or area approved under the regular passenger transport authorisation; and

(b)the standing, touting or plying for hire occurs at a time that is consistent with the timetable or regular intervals according to which the regular passenger transport service is provided.

73.Fares

(1)The provider of an authorised regular passenger transport service must use a transparent process for the determination of fares.

(2)The provider of an authorised regular passenger transport service must make the amount of any fare to be charged available to a passenger by publication or otherwise a reasonable time before a journey begins.

74.Records

(1)The provider of an authorised regular passenger transport service must keep records of the following information for each journey that is made as part of the regular passenger transport service —

(a)the day of the journey and the times it began and ended;

(b)the vehicle licence number or interstate vehicle licence number of the vehicle used in the journey;

(c)the following information about the driver of the vehicle used in the journey —

(i)the driver’s name;

(ii)the driver’s relevant driver authorisation number;

(d)the scheduled locations for the journey for picking up and setting down passengers;

(e)the fare structure for the scheduled service applicable to the journey.

(2)The records referred to subregulation (1) must be kept in the manner and form approved by the CEO.

(3)A record referred to in subregulation (1) must be retained for at least 2 years after the journey is completed.

Division 5 — Offences relating to advertising by providers of regular passenger transport services

75.Offence to offer or advertise regular passenger transport service unless authorised

The provider of a regular passenger transport service must not offer to provide, advertise, or authorise or permit the publication of an advertisement for, the regular passenger transport service unless the provider —

(a)is the holder of a regular passenger transport service authorisation that is in force; or

(b)provides the service on behalf of the holder of a regular passenger transport service authorisation that is in force.

Penalty:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

76.Name or authorisation number of provider must be included in advertising

The provider of a regular passenger transport service must not advertise, or authorise or permit the publication of an advertisement for, the regular passenger transport service unless the advertisement includes at least one of the following —

(a)if the provider holds a regular passenger transport service authorisation —

(i)the authorisation number of the provider; or

(ii)the name of the provider; or

(iii)a trading name or business name used by the provider;

(b)otherwise —

(i)the authorisation number of the provider (the authorised provider) of an authorised regular passenger transport service on whose behalf the regular passenger transport service is provided; or

(ii)the name of the authorised provider; or

(iii)a trading name or business name used by the authorised provider.

Penalty:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

Division 6 — Complaints

77.Complaints resolution procedure

The provider of an authorised regular passenger transport service must ensure that —

(a)a written procedure is prepared that provides for —

(i)a simple process by which a customer can make a complaint in relation to the regular passenger transport service; and

(ii)complaints to be investigated and resolved within a period that is reasonable in the circumstances;

and

(b)the procedure is readily accessible by —

(i)customers; and

(ii)drivers of vehicles used or to be used in providing the regular passenger transport service.

Penalty:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

78.Records of customer complaints

(1)The provider of an authorised regular passenger transport service must keep records in accordance with this regulation of —

(a)each complaint made by a customer in relation to the regular passenger transport service; and

(b)the resolution of those complaints.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(2)The records referred to subregulation (1) must be kept in the manner and form approved by the CEO.

(3)A record referred to in subregulation (1) must be retained for at least 2 years after the complaint is made.

Part 6 — Authorisation of passenger transport drivers

Division 1 — Preliminary

79.Term used: disqualification offence

In this Part —

disqualification offence means an offence prescribed under regulation 88 for the purposes of Part 5 of the Act.

80.Driving vehicle with interstate driver authorisation (s. 90 and 91)

(1)For the purposes of sections 90(3)(b) and 91(2)(b) of the Act and regulation 81(1)(b)(ii) and (3)(c), a driver must comply with the following conditions —

(a)the driver must carry their interstate driver authorisation document in the vehicle at all times when driving the vehicle for the purposes of transporting passengers for hire or reward in the State;

(b)the driver must produce their interstate driver authorisation document at the request of an authorised officer;

(c)the driver must not be —

(i)the holder of a passenger transport driver authorisation that is suspended; or

(ii)the holder of a passenger transport driver authorisation that is not in force because of the effect of section 104(5) of the Act; or

(iii)disqualified under Part 5 of the Act from holding or obtaining a passenger transport driver authorisation; or

(iv)an unfit person to drive a vehicle for the purpose of transporting passengers for hire or reward under subregulation (4).

(2)For the purposes of sections 90(3)(c) and 91(2)(c) of the Act, the period prescribed for any interstate driver authorisation is a continuous period of 3 months beginning on the day on which the holder of the authorisation enters the State.

(3)If the CEO is satisfied that the holder of an interstate driver authorisation is not a fit and proper person to drive a vehicle for the purpose of transporting passengers for hire or reward, the CEO may give the holder a written notice stating that the CEO is so satisfied.

(4)For the purposes of subregulation (1)(c)(iv), a person who has been given a notice under subregulation (3) is an unfit person to drive a vehicle for the purposes of transporting passengers for hire or reward unless the CEO has, by written notice given to the person, withdrawn the notice given under subregulation (3).

81.Exemption from s. 90 and 91 where driver has interstate driver authorisation and conditions complied with to the extent possible in the State

(1)A person who drives a vehicle for the purpose of transporting passengers for hire or reward is exempt from section 90(1) of the Act if —

(a)section 90(3)(a) and (c) of the Act apply in relation to the driving; and

(b)in driving the vehicle the person complies with —

(i)any conditions of the relevant interstate driver authorisation that can be complied with in the State; and

(ii)regulation 80(1).

(2)Subregulation (3) applies to a person who —

(a)causes or permits another person to drive a vehicle for the purpose of transporting passengers for hire or reward; or

(b)provides an on‑demand booking service to another person for the purpose of the other person driving a vehicle for use in providing an on‑demand passenger service.

(3)The person is exempt from section 91(1) of the Act if —

(a)section 91(2)(a) and (c) of the Act apply in relation to the driving; and

(b)the vehicle is driven in accordance with any conditions of the relevant interstate driver authorisation that can be complied with in the State; and

(c)the driver complies with regulation 80(1).

Division 2 — Applications for passenger transport driver authorisations

82.Documents to be included in passenger transport driver authorisation application

An application under section 95 of the Act for a passenger transport driver authorisation must include —

(a)each of the following documents —

(i)a criminal record check for the applicant that is dated no earlier than 3 months before the day on which the application is made;

(ii)an approved medical report on the applicant;

and

(b)any other documents required by the approved form.

Division 3 — Grant, duration and renewal of passenger transport driver authorisations

83.Grant of passenger transport driver authorisation (s. 96(b))

(1)For the purposes of section 96(b) of the Act, the following criteria are prescribed —

(a)the applicant must have reached 20 years of age;

(b)the applicant must have, for a period of at least 3 years or periods adding up to at least 3 years, held a driving authorisation or a foreign driving authorisation;

(c)the applicant must hold a driver’s licence.

(2)A period for which an applicant held a driving authorisation or foreign driving authorisation is taken not to include any period for which the applicant, although holding the authorisation, was excluded by law from driving under it.

84.Duration of passenger transport driver authorisation (s. 104(1))

(1)An authorisation document issued to the holder of a passenger transport driver authorisation must specify the day on which the authorisation comes into force.

(2)For the purposes of section 104(1) of the Act, a passenger transport driver authorisation granted under section 96 of the Act or regulation 85(4) —

(a)is granted for the period of 12 months beginning on the day on which the authorisation comes into force; and

(b)expires at the end of the last day of that period.

(3)Despite subregulation (2), if a passenger transport driver authorisation is a further authorisation granted by way of renewal under regulation 85(4) after the expiry of the prior authorisation referred to in regulation 85(1), the further authorisation —

(a)is granted for the period —

(i)beginning on the day on which the further authorisation comes into force; and

(ii)ending at the end of the period of 12 months beginning on the day after the day on which the prior authorisation expired;

and

(b)expires at the end of the last day of that period.

85.Renewal of passenger transport driver authorisation

(1)The holder of a passenger transport driver authorisation, or the former holder of an expired passenger transport driver authorisation, may apply to the CEO in the approved form for the renewal of the authorisation (the prior authorisation).

(2)An application under subregulation (1) must —

(a)be made in the period —

(i)beginning on the first day of the period of 6 months ending on the day (the expiry day) on which the prior authorisation expires; and

(ii)ending on the last day of the period of 6 months beginning on the day after the expiry day;

and

(b)include —

(i)if the last criminal record check for the applicant is dated earlier than 5 years before the day on which the application is made — a further criminal record check for the applicant that is dated no earlier than 3 months before that day; and

(ii)if the last approved medical report on the applicant is dated earlier than 5 years before the day on which the application is made — a further approved medical report on the applicant; and

(iii)any other documents required by the approved form.

Note for this subregulation:

Under regulation 86, a shorter period may apply for the purposes of paragraph (b)(ii) under a condition of the prior authorisation.

(3)The CEO may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice within the time specified in the notice.

(4)The CEO must grant a further passenger transport driver authorisation to the applicant if —

(a)the application is made in accordance with subregulations (1) and (2); and

(b)the applicant pays the applicable authorisation fee prescribed under regulation 177(4) within the period referred to in subregulation (2)(a); and

(c)the applicant complies with any notice given under subregulation (3).

(5)Despite subregulation (4), the CEO may refuse to grant a further passenger transport driver authorisation to the applicant if —

(a)the prior authorisation is suspended; or

(b)any of the grounds for making an order suspending or cancelling a passenger transport driver authorisation under section 106(1) or 107 of the Act apply.

(6)The authorisation document issued under section 102 of the Act for a further passenger transport driver authorisation granted under subregulation (4) must specify —

(a)the same authorisation number as the prior authorisation; and

(b)the day on which the further passenger transport driver authorisation comes into force, which must be —

(i)if the further authorisation is granted on or before the expiry day — the day after the expiry day; or

(ii)otherwise — the day after the day on which the further authorisation is granted.

86.Approved medical report required to be included in renewal application after shorter period

If, under section 98(1)(b) of the Act, the CEO has imposed on a passenger transport driver authorisation a condition requiring the holder to give the CEO an approved medical report on the holder more frequently than every 5 years, regulation 85(2)(b)(ii) applies in relation to an application for the renewal of the authorisation as if the reference to 5 years were a reference to the shorter period stated in the condition.

87.Surrender of passenger transport driver authorisation

(1)A holder of a passenger transport driver authorisation may, by written notice to the CEO, surrender the authorisation.

(2)If the authorisation holder surrenders the authorisation —

(a)the CEO must cancel the authorisation by written notice to the authorisation holder stating the day on which the cancellation takes effect; and

(b)the authorisation holder is not entitled to a refund of the authorisation fee prescribed under regulation 177(4) or any part of it.

Division 4 — Suspension, cancellation and disqualification

88.Disqualification offences and disqualification periods (s. 89 and 115)

The disqualification offences and disqualification periods set out in Schedule 3 are prescribed for the purposes of Part 5 of the Act.

89.Reinstatement of authorisation if conviction quashed or set aside

(1)This regulation applies if —

(a)a passenger transport driver authorisation has been cancelled under section 115(1)(a) of the Act because the person who held the authorisation has been convicted of a disqualification offence; and

(b)the conviction is quashed or set aside on or before the day on which the authorisation would have expired.

(2)On application by the person, the CEO must, by written notice to the person, reinstate the authorisation and issue a further authorisation document to the person specifying the same authorisation number as the cancelled authorisation.

(3)A reinstated authorisation remains in force until it is cancelled or until it expires under regulation 84(2)(b) or (3)(b) at the end of the period for which it was originally granted (whichever occurs first).

90.Requirement to notify CEO of charge or conviction for disqualification offence

If the holder of a passenger transport driver authorisation is charged with or convicted of a disqualification offence, the holder must give written notice of the charge or conviction to the CEO as soon as practicable after becoming aware of the charge or conviction.

Penalty: a fine of $3 000.

Division 5 — Changes to information

91.Authorisation holder to notify change in circumstances

The holder of a passenger transport driver authorisation must give written notice to the CEO, as soon as practicable after becoming aware of the change, if there is a change in any of the information that is given to the CEO —

(a)in the application for the authorisation; or

(b)in an application for renewal of the authorisation; or

(c)under this regulation.

Penalty: a fine of $3 000.

Division 6 — Miscellaneous

92.CEO may require authorisation holder to provide certain documents

(1)The CEO may, by written notice given to the holder of a passenger transport driver authorisation, require the holder to give to the CEO, on or before a day specified in the notice, any document or information described in the notice that is relevant to whether the holder is a fit and proper person to hold a passenger transport driver authorisation, having regard to the matters set out in section 97(3) of the Act.

(2)Without limiting subregulation (1), a notice under that subregulation may require the holder to give to the CEO —

(a)a criminal record check for the holder; or

(b)an approved medical report on the holder.

(3)The CEO must not give a notice under subregulation (1) unless the CEO is satisfied that it is appropriate in the circumstances to do so.

(4)The CEO may take a failure of a person to comply with a notice under subregulation (1) into account in determining for any purpose under the Act whether the holder is a fit and proper person to hold a passenger transport driver authorisation.

93.Authorisation holder may provide criminal record check or approved medical report to CEO

The holder of a passenger transport driver authorisation may at any time give to the CEO on the holder’s own initiative —

(a)a criminal record check for the holder; or

(b)an approved medical report on the holder.

94.CEO may issue documents for purposes of r. 29 and 31

(1)The CEO may, but is not required to, issue to an on-demand driver who holds a passenger transport driver authorisation —

(a)a driver identity document that meets the requirements of regulation 29(1); or

(b)a document setting out the required information (as defined in regulation 31(1)) in relation to the driver in a form that meets the requirements of regulation 31(2)(b).

(2)If the CEO issues a document under subregulation (1) to an on‑demand driver who holds a passenger transport driver authorisation —

(a)the document remains the property of the CEO; and

(b)the CEO may at any time issue a new document under subregulation (1) to the driver; and

(c)if the driver’s passenger transport driver authorisation is cancelled — the driver is required to surrender the document as soon as is reasonably practicable; and

(d)if the driver’s passenger transport driver authorisation expires — the driver is required to surrender the document within 6 months after the day on which the authorisation expires; and

(e)the CEO may give the driver a written notice requiring the driver to surrender the document within the time specified in the notice if —

(i)a replacement document under subregulation (1) has been or is to be issued to the driver; or

(ii)the driver’s passenger transport driver authorisation or driver’s licence is suspended; or

(iii)the driver is disqualified from holding or obtaining a driver’s licence.

(3)A driver who is required under subregulation (2)(c) or (d) or a notice under subregulation (2)(e) to surrender a document must —

(a)surrender the document by returning it to the CEO within the required time; or

(b)if the document has been lost, stolen or destroyed — give the CEO notice of that in the approved form.

Penalty for this subregulation: a fine of $5 000.

Part 7 — Authorisation of passenger transport vehicles

Division 1 — Preliminary

95.Driving or operating vehicle with interstate vehicle authorisation (s. 121 and 122)

(1)For the purposes of sections 121(2)(b) and 122(3)(b) of the Act and regulation 96(1)(b)(ii) and (2)(c), a driver must comply with the following conditions —

(a)the driver must carry the interstate vehicle authorisation document in the vehicle at all times that the vehicle is being used in providing a passenger transport service in the State;

(b)the driver must produce the interstate vehicle authorisation document at the request of an authorised officer.

(2)For the purposes of sections 121(2)(c) and 122(3)(c) of the Act, the period prescribed for an interstate vehicle authorisation is a continuous period of 3 months beginning on the day on which the vehicle enters the State.

96.Exemption from s. 121 and 122 for vehicle with interstate vehicle authorisation where conditions complied with to extent possible in the State

(1)A person who drives a vehicle for use in providing a passenger transport service is exempt from section 121(1) of the Act if —

(a)section 121(2)(a) and (c) of the Act apply in relation to the driving; and

(b)in driving the vehicle for use in providing a passenger transport service, the person complies with —

(i)any conditions of the relevant interstate vehicle authorisation that can be complied with in the State; and

(ii)regulation 95(1).

(2)A person who operates a vehicle (as defined in section 120 of the Act) for use in providing a passenger transport service, or causes or permits a vehicle to be so operated, is exempt from section 122(1) or (2) of the Act, as the case requires, if —

(a)section 122(3)(a) and (c) of the Act apply in relation to the operation of the vehicle; and

(b)the vehicle is operated in accordance with any conditions of the relevant interstate vehicle authorisation that can be complied with in the State; and

(c)any person driving the vehicle for use in providing a passenger transport service complies with regulation 95(1).

97.Replacement vehicles (s. 121 and 122)

(1)For the purposes of sections 121(3)(c) and 122(4)(c) of the Act, the period prescribed for use of a replacement vehicle is 1 month.

(2)For the purposes of sections 121(3)(c) and 122(4)(c) of the Act —

(a)a replacement vehicle must —

(i)comply with the requirements of regulation 98(2) (if applicable); and

(ii)if motor injury insurance under the Motor Vehicle (Third Party Insurance) Act 1943 is required in relation to the vehicle — have the appropriate category of insurance required under that Act;

and

(b)the provider of the vehicle must give notice to the CEO in the manner and form approved by the CEO of the intended use of the replacement vehicle before the vehicle is used to provide a passenger transport service.

Division 2 — Grant, duration and renewal of passenger transport vehicle authorisations

98.Requirements for authorisation of vehicle (s. 126 and 133)

(1)For the purposes of sections 126 and 133(1)(b)(ii) of the Act, a passenger transport vehicle must meet the following requirements —

(a)the vehicle licence for the vehicle must be in force;

(b)in the past 3 months —

(i)the vehicle must have been inspected under the Road Traffic (Vehicles) Act 2012; and

(ii)a certificate of inspection must have been issued under Road Traffic (Vehicles) Act 2012 that the vehicle meets the prescribed standards and requirements under that Act for the vehicle;

(c)the vehicle must have the appropriate category of motor injury insurance required for the vehicle under the Motor Vehicle (Third Party Insurance) Act 1943.

(2)For the purposes of sections 126 and 133(1)(b)(ii) of the Act, a vehicle intended to be used to provide an on‑demand rank or hail passenger transport service must meet the following additional requirements —

(a)the vehicle must meet the requirements of regulations 22 and 23;

(b)the vehicle must be fitted with a camera surveillance unit that meets the requirements of regulation 108;

(c)the vehicle must be fitted with a fare calculation device that complies with regulation 133.

99.Duration of passenger transport vehicle authorisation (s. 137(1))

(1)An authorisation document issued to the holder of a passenger transport vehicle authorisation must specify the day on which the authorisation comes into force.

(2)For the purposes of section 137(1) of the Act, a passenger transport vehicle authorisation granted under section 127 of the Act or regulation 100(4) —

(a)is granted for the period specified in the authorisation beginning on the day on which the authorisation comes into force; and

(b)expires at the end of the last day of that period.

(3)The period specified under subregulation (2) may be 1 month, 3 months, 6 months or 12 months or another period not exceeding 12 months that the CEO may determine in a particular case.

100.Renewal of passenger transport vehicle authorisation

(1)The holder of a passenger transport vehicle authorisation (the prior authorisation) granted for 3 months or more may apply to the CEO in the approved form for the renewal of the authorisation.

(2)An application under subregulation (1) must —

(a)be made within the period of 2 months ending on the day on which the prior authorisation expires; and

(b)include any documents required by the approved form.

(3)The CEO may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice within the time specified in the notice.

(4)The CEO must grant a further passenger transport vehicle authorisation to the applicant if —

(a)the application is made in accordance with subregulations (1) and (2); and

(b)the applicant pays the applicable authorisation fee prescribed under regulation 177(5) within the period referred to in subregulation (2)(a); and

(c)the applicant complies with any notice given under subregulation (3).

(5)Despite subregulation (4), the CEO may refuse to grant a further passenger transport vehicle authorisation to the applicant if —

(a)the prior authorisation is suspended; or

(b)any of the grounds for making an order suspending or cancelling the prior authorisation under section 139(1) of the Act apply.

(6)The authorisation document issued under section 135 of the Act for a further passenger transport vehicle authorisation granted under subregulation (4) must specify —

(a)the same authorisation number as the prior authorisation; and

(b)the day on which the authorisation comes into force, which must be the day after the day on which the prior authorisation expires.

101.Cancellation of authorisation: transfer of ownership of vehicle (s. 148)

For the purposes of section 148(2) of the Act, the prescribed period is 14 days.

102.Cancellation of authorisation on request (s. 149(3))

(1)For the purposes of section 149(3) of the Act, the prescribed period is —

(a)if the authorisation holder is the owner of the vehicle — the period ending on the day of issue of the notice; and

(b)if the authorisation holder is not the owner of the vehicle — the period ending on the day after the day of issue of the notice.

(2)A person who requests the cancellation of a passenger transport vehicle authorisation is not entitled to a refund of the authorisation fee prescribed under regulation 177(5) or any part of it.

Division 3 — Changes to information

103.Holder of passenger transport vehicle authorisation to notify change in circumstances

The holder of a passenger transport vehicle authorisation must give written notice to the CEO, as soon as practicable after becoming aware of the change, if there is a change in any of the information that is given to the CEO —

(a)in the application for the authorisation; or

(b)in an application for renewal of the authorisation; or

(c)under this regulation.

Penalty:

(a)for an individual, a fine of $3 000;

(b)for a body corporate, a fine of $10 000.

Part 8 — Requirements relating to passenger transport services

Division 1 — Notifiable occurrences

104.Term used: notifiable occurrence

In this Division —

notifiable occurrence means any of the following —

(a)an incident involving a vehicle being used to provide a passenger transport service that must be reported to the police under the Road Traffic Act 1974 section 56;

(b)an accident or incident involving a vehicle being used to provide a passenger transport service that results in —

(i)an injury that is treated by an ambulance officer; or

(ii)an injured person being treated at a hospital;

(c)a collision involving a vehicle being used to provide a passenger transport service that results in damage to the vehicle that is sufficient to prevent the completion of the journey in that vehicle;

(d)a mechanical or other fault in a vehicle being used to provide a passenger transport service that renders the vehicle unsuitable to be used to provide a passenger transport service without substantial or significant mechanical repairs or services;

(e)an incident involving a driver or a passenger of a vehicle being used to provide a passenger transport service that results in a complaint to the police involving allegations of —

(i)sexual assault; or

(ii)indecent exposure; or

(iii)assault; or

(iv)physical threats or other intimidation;

(f)an incident involving the conduct of a driver while driving a vehicle being used to provide a passenger transport service that results in the driver being charged with a serious offence;

(g)an incident involving —

(i)the misplacement of a visual, audiovisual or audio recording taken by a camera surveillance unit installed in a passenger transport vehicle or a copy of such a recording; or

(ii)the use in contravention of regulation 111 of a visual, audiovisual or audio recording taken by a camera surveillance unit fitted in a passenger transport vehicle or a copy of such a recording; or

(iii)anything done in relation to a visual, audiovisual or audio recording taken by a camera surveillance unit fitted to an on-demand rank or hail vehicle, or a copy of such a recording, in contravention of regulation 113.

105.Reporting of notifiable occurrences

(1)The provider of an on‑demand booking service must report to the CEO, in accordance with this regulation, any notifiable occurrence that occurs in relation to a passenger transport service for which the provider provides an on‑demand booking service.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The provider of a passenger transport service must report to the CEO, in accordance with this regulation, any notifiable occurrence that occurs in relation to the passenger transport service.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(3)The driver of a passenger transport vehicle must report to the CEO, in accordance with this regulation, any notifiable occurrence that occurs in relation to the transport of passengers by the driver when using that vehicle.

Penalty for this subregulation: a fine of $9 000.

(4)A report under this regulation must be made —

(a)as soon as practicable after the provider or driver becomes aware of the notifiable occurrence; and

(b)in the manner and form approved by the CEO.

106.Provider of on‑demand booking service to report allegations about driver conduct

(1)The provider of an on‑demand booking service for the use of a vehicle in providing an on‑demand passenger transport service must report to the CEO in accordance with this regulation if it is alleged that a driver of the vehicle has engaged in conduct (whether by act or omission) that a reasonable person would consider would affect the driver’s suitability to drive an on‑demand vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The report must be made —

(a)within 48 hours after the provider becomes aware of the alleged conduct; and

(b)in the manner and form approved by the CEO.

Division 2 — Camera surveillance

107.Terms used

In this Division —

authorised purpose, in relation to the use of a visual, audiovisual or audio recording taken by a camera surveillance unit fitted to a passenger transport vehicle or a copy of such a recording, means any of the following purposes or any purpose connected with those purposes —

(a)the investigation or prosecution of an offence against the Act or these regulations or The Criminal Code that is committed in or around the vehicle;

(b)ensuring a person’s compliance with a condition of, or requirement relating to, a passenger transport authorisation;

(c)ensuring a person’s compliance with any subsidised travel scheme;

(d)the investigation or prosecution of an offence against any written law;

(e)a use in relation to proceedings arising out of a written law if relevant to those proceedings;

(f)a use that is reasonably necessary for the protection of the lawful interests of any of the following —

(i)a provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(ii)a provider of a passenger transport service that is provided using the vehicle;

(iii)a driver of the vehicle;

unauthorised purpose means a purpose other than an authorised purpose.

108.Camera surveillance units

(1)The following persons must ensure that an on‑demand rank or hail vehicle is fitted with a camera surveillance unit that complies with subregulation (3) —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(b)the provider of a passenger transport service that is provided using the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The following persons must ensure, so far as is reasonably practicable, that an on‑demand rank or hail vehicle is fitted with a camera surveillance unit that complies with subregulation (3) —

(a)the provider of the vehicle for use in providing a passenger transport service;

(b)the driver of the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(3)A camera surveillance unit must —

(a)meet the requirements of the Camera Surveillance Unit Standards; and

(b)be in working order.

109.Signs about camera surveillance

(1)This regulation applies in relation to a passenger transport vehicle that is fitted with a camera surveillance unit other than a camera surveillance unit that does not take recordings of passengers inside the vehicle.

(2)The following persons must ensure that the passenger transport vehicle is fitted with signs that comply with whichever of subregulation (4) or (5) is applicable —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(b)the provider of a passenger transport service that is provided using the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(3)The following persons must ensure, so far as is reasonably practicable, that the passenger transport vehicle is fitted with signs that comply with whichever of subregulation (4) or (5) is applicable —

(a)the provider of the vehicle for use in providing a passenger transport service;

(b)the driver of the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(4)If the passenger transport vehicle is an on‑demand rank or hail vehicle, signs must be conspicuously placed in and on the outside of the vehicle advising persons that they may be under camera surveillance while in the vehicle.

(5)If the passenger transport vehicle is not an on‑demand rank or hail vehicle, signs must be placed inside at the front of the vehicle in the clear view of passengers advising passengers that they may be under camera surveillance while in the vehicle.

[110.Has not come into operation.]

111.Safeguards applying to camera surveillance units

(1)The provider of a passenger transport service that is provided using a passenger transport vehicle fitted with a camera surveillance unit must ensure that any visual, audiovisual or audio recordings taken by the camera surveillance unit and any copies of those recordings are protected against —

(a)misplacement; or

(b)use for an unauthorised purpose.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(2)If a passenger transport vehicle is fitted with a camera surveillance unit, the following persons must ensure, so far as is reasonably practicable, that any visual, audiovisual or audio recordings taken by the camera surveillance unit and any copies of those recordings are protected against misplacement or use for an unauthorised purpose —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(b)the provider of the vehicle for use in providing a passenger transport service;

(c)the driver of the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

112.Production of camera recordings to authorised officers

(1)If a passenger transport vehicle is fitted with a camera surveillance unit, an authorised officer may by written notice require the following persons to provide a copy of a visual, audiovisual or audio recording taken by the camera surveillance unit —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service;

(b)the provider of a passenger transport service that is provided using the vehicle;

(c)the provider of the vehicle for use in providing a passenger transport service;

(d)the driver of the vehicle.

(2)A notice under subregulation (1) must specify —

(a)the manner and form in which the copy of the recording to which it applies must be provided; and

(b)the time within which the copy of the recording must be provided, which must allow the person a reasonable period to comply with the notice.

(3)A person referred to in subregulation (1)(a) or (b) who is given a notice under that subregulation must comply with the notice.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(4)A person referred to in subregulation (1)(c) or (d) who is given a notice under that subregulation must comply with the notice so far as is reasonably practicable.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

113.Use of recordings taken by camera surveillance units

(1)A person must not —

(a)view, download, make a copy of, play or edit a visual, audiovisual or audio recording taken by a camera surveillance unit fitted to an on‑demand rank or hail vehicle in accordance with regulation 108, or any copy of such a recording, except as permitted by this regulation; or

(b)delete, destroy or dispose of a recording referred to in paragraph (a) except in accordance with the Camera Surveillance Unit Standards; or

(c)delete, destroy or dispose of copy of a recording referred to in paragraph (a) except in accordance with regulation 114.

Penalty for this subregulation:

(a)for an individual, a fine of $10 000;

(b)for a body corporate, a fine of $40 000.

(2)An authorised officer or approved person may —

(a)view, download, make a copy of or play a recording or copy of a recording referred to in subregulation (1)(a); or

(b)edit a copy of a recording referred to in subregulation (1)(a).

(3)If the camera surveillance unit fitted to an on-demand rank or hail vehicle meets the requirements of the Camera Surveillance Unit Standards, the provider of an authorised on‑demand booking service for the use of the vehicle in providing a passenger transport service may, for an authorised purpose —

(a)view, download, make a copy of or play a recording or copy of a recording referred to in subregulation (1)(a); or

(b)edit a copy of a recording referred to in subregulation (1)(a).

(4)The provider of an authorised on‑demand booking service may, in accordance with subregulation (5), authorise any of the following persons to carry out a function under subregulation (3) on the provider’s behalf —

(a)an employee of the provider;

(b)a person engaged by the provider under a contract for services who is competent to carry out the function;

(c)a person who supplies, installs or maintains camera surveillance units that meet the requirements of regulation 108(3).

(5)An authorisation under subregulation (4) must —

(a)be in writing; and

(b)specify the date that the authorisation was made.

(6)The provider of an authorised on‑demand booking service must keep a record of each authorisation made by the provider under subregulation (4) for 2 years after it is given.

Penalty for this subregulation:

(a)for an individual, a fine of $10 000;

(b)for a body corporate, a fine of $40 000.

114.Deletion, destruction or disposal of copies of recordings

(1)The provider of an on‑demand booking service for the use of an on‑demand rank or hail vehicle in providing a passenger transport service must ensure that any copy of a visual, audiovisual or audio recording taken by a camera surveillance unit fitted to the vehicle in accordance with regulation 108 is deleted, destroyed or disposed of in accordance with this regulation.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The following persons must ensure, so far as is reasonably practicable, that any copy of a visual, audiovisual or audio recording taken by a camera surveillance unit fitted to an on‑demand rank or hail vehicle in accordance with regulation 108 is deleted, destroyed or disposed of in accordance with this regulation —

(a)the provider of a passenger transport service that is provided using the vehicle;

(b)the provider of the vehicle for use in providing a passenger transport service;

(c)the driver of the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(3)An authorised officer or approved person who has possession or control of a copy of a visual, audiovisual or audio recording taken by a camera surveillance unit fitted to an on‑demand rank or hail vehicle in accordance with regulation 108 must ensure that the copy is deleted, destroyed or disposed of in accordance with this regulation.

(4)A copy of a recording referred to in this regulation may be —

(a)deleted, destroyed or disposed of in a manner approved by the CEO; or

(b)in the case of a copy of a recording referred to in subregulation (1) or (2) — disposed of by giving it to an authorised officer.

(5)A copy of a recording referred to in this regulation must be deleted, destroyed or disposed of —

(a)not less than 30 days and not more than 90 days after the day on which the copy is made, unless it is being used for an authorised purpose; or

(b)if it is used for an authorised purpose during the period referred to in paragraph (a) — as soon as practicable after it ceases to be used for an authorised purpose.

(6)Subregulations (1) to (3) do not apply to a copy of a recording taken during the installation or testing of a camera surveillance unit.

Division 3 — Fares and fare devices

Subdivision 1 — Requirements for fares that apply only to on‑demand rank or hail vehicles

115.Term used: relevant person

In this Subdivision —

relevant person, in relation to an on‑demand rank or hail vehicle, means any of the following —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing an on‑demand passenger transport service;

(b)the provider of an on‑demand passenger transport service that is provided using the vehicle;

(c)the provider of the vehicle for use in providing an on‑demand passenger transport service;

(d)the driver of the vehicle.

116.Maximum fares, surcharges and fees: metropolitan region

(1)A relevant person in relation to an on‑demand rank or hail vehicle that primarily operates in the metropolitan region must ensure that the fare, and any surcharge and fee of a kind set out in Schedule 4, inclusive of GST, for using the vehicle to provide an on‑demand passenger transport service are not more than those set out in Schedule 4.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)Despite subregulation (1), if levy under Part 9 Division 2 of the Act is payable in relation to a leviable passenger service transaction that relates to the on‑demand passenger transport service the following may also be charged for using the vehicle to provide the service —

(a)an amount of fare allocated for the levy; and

(b)an amount for the GST payable in relation to the amount referred to in paragraph (a).

(3)An amount charged under subregulation (2)(a) must not exceed the lesser of —

(a)10% of the sum of the amounts charged of a kind referred to in regulation 155(2) (excluding the GST included in any of those amounts); and

(b)$10.

(4)A driver must not select a tariff for the use of an on‑demand rank or hail vehicle that primarily operates in the metropolitan region to provide an on‑demand passenger transport service that is not the appropriate tariff as set out in Schedule 4.

Penalty for this subregulation: a fine of $9 000.

(5)Subregulations (1) to (4) do not prevent an amount from being charged for an airport fee.

(6)Subregulations (1) and (4) do not apply to an on‑demand passenger transport service that is provided for a contract fare.

117.Maximum fares, surcharges and fees: regions

(1)A relevant person in relation to an on‑demand rank or hail vehicle that primarily operates in a region must ensure that the fare, and any surcharge and fee of a kind set out in Schedule 5, inclusive of GST, for using the vehicle to provide an on‑demand passenger transport service are not more than those set out in Schedule 5.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)Despite subregulation (1), if levy under Part 9 Division 2 of the Act is payable in relation to a leviable passenger service transaction that relates to the on‑demand passenger transport service the following may also be charged for using the vehicle to provide the service —

(a)an amount of fare allocated for the levy; and

(b)an amount for the GST payable in relation to the amount referred to in paragraph (a).

(3)An amount charged under subregulation (2)(a) must not exceed the lesser of —

(a)10% of the sum of the amounts charged of a kind referred to in regulation 155(2) (excluding the GST included in any of those amounts); and

(b)$10.

(4)A driver must not select a tariff for the use of an on‑demand rank or hail vehicle that primarily operates in a region to provide an on‑demand passenger transport service that is not the appropriate tariff as set out in Schedule 5.

Penalty for this subregulation: a fine of $9 000.

(5)Subregulations (1) to (4) do not prevent an amount from being charged for an airport fee.

(6)Subregulations (1) and (4) do not apply to an on‑demand passenger transport service that is provided for a contract fare.

118.Fare schedule to be displayed in vehicle

(1)A relevant person in relation to an on‑demand rank or hail vehicle must ensure that a fare schedule that complies with subregulations (2) and (3) is displayed in the vehicle in a position from where it is clearly visible —

(a)from the outside of the front passenger window; and

(b)to passengers in the vehicle who wish to view it.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The fare schedule displayed under subregulation (1) must —

(a)be in the approved form; and

(b)state —

(i)the relevant rates and amounts in Schedule 4 or 5, whichever is applicable, to be paid for the use of the vehicle to provide the on‑demand passenger transport service; and

(ii)any other charges that may be applied to the provision of the on‑demand passenger transport service by the provider of the service or the provider of an on‑demand booking service;

and

(c)include the name of the provider of an on‑demand booking service that is a relevant person in relation to the vehicle.

(3)If any amounts under regulation 116(2) or 117(2) are to be paid in relation to the provision of an on‑demand passenger transport service using the vehicle, the fare schedule displayed under subregulation (1) must include a statement that an additional amount of fare allocated for the levy and an amount for the GST on that additional amount may be charged.

(4)Subregulation (1) is taken to be satisfied if —

(a)due to the design of the vehicle, it is not practicable for a fare schedule to be displayed in the vehicle in a position that meets the requirements of subregulation (1)(a) and (b); and

(b)a fare schedule that complies with subregulations (2) and (3) is displayed in the vehicle in a position from where it is clearly visible to passengers in the vehicle who wish to view it; and

(c)a summary fare schedule in the approved form is displayed on the outside of the front passenger door.

119.Deposit

(1)The driver of an on‑demand rank or hail vehicle may require the person who booked the vehicle to pay a deposit before an on‑demand passenger transport service is provided using the vehicle.

(2)The deposit must not exceed 100% of the Schedule 4 fare or Schedule 5 fare that the driver reasonably estimates would be payable for the on‑demand passenger transport service.

(3)Subregulation (2) does not apply to an on‑demand passenger transport service that is to be provided for a contract fare.

120.Contract fares

(1)The amount payable for the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle may be agreed between —

(a)the person who booked the service and the provider of the on‑demand booking service; or

(b)the person who booked the service and the driver.

(2)If a voucher (as defined in regulation 122(1)) is to be used for the payment or part‑payment of the contract fare, the amount agreed under subregulation (1) must not exceed the fare (as determined in accordance with regulation 116 or 117) that would otherwise be payable for the provision of the on‑demand passenger transport service.

(3)Subregulation (1) does not apply if the on‑demand passenger transport service is provided on a rank or hail basis.

(4)The provider of an on‑demand booking service must —

(a)keep a record of each contract fare agreed by the provider under subregulation (1)(a); and

(b)retain the record for a period of 12 months starting on the day on which the contract fare was agreed.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(5)The driver of an on‑demand rank or hail vehicle must —

(a)keep a record of each contract fare agreed by the driver under subregulation (1)(b); and

(b)retain the record for a period of 12 months starting on the day on which the contract fare was agreed.

Penalty for this subregulation: a fine of $12 000.

121.Written confirmation of contract fare

(1)The provider of an on‑demand booking service must provide the person who booked the service with written confirmation in accordance with this regulation of a contract fare agreed by the provider.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The driver of an on‑demand rank or hail vehicle must provide the person who booked the service with written confirmation in accordance with this regulation of a contract fare agreed by the driver.

Penalty for this subregulation: a fine of $9 000.

(3)The written confirmation may be in electronic form.

(4)The written confirmation must set out —

(a)sufficient details to enable the identification of the driver, the vehicle, the person who booked the service and at least 1 of the passengers; and

(b)details of the location where the proposed journey is to begin and end; and

(c)details of the day and time of the proposed journey; and

(d)the amount of the contract fare including any amount included for GST; and

(e)a statement to the effect that, in addition to the contract fare, there may be payable in respect of the journey —

(i)parking fees mentioned in regulation 130(1); and

(ii)costs of cleaning mentioned in regulation 130(2); and

(iii)a surcharge for a non‑cash payment mentioned in regulation 126; and

(iv)an airport fee.

(5)A contract fare has no effect, and cannot be recovered, unless it is agreed and written confirmation of the fare is provided in accordance with this regulation before the journey begins.

122.Passenger subsidy scheme vouchers

(1)In this regulation —

CEO guidelines means guidelines approved by the CEO under regulation 123 for the purpose of this regulation;

voucher means a voucher issued under an approved State or Territory or Commonwealth Government scheme that is intended to make travel in an on‑demand rank or hail vehicle available to people with disability.

(2)A driver of an on‑demand rank or hail vehicle must not refuse to accept a voucher as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare if the payment or part‑payment is in accordance with the CEO guidelines.

Penalty for this subregulation: a fine of $9 000.

(3)A driver of an on‑demand rank or hail vehicle who accepts a voucher must not enter on the voucher any information that the driver knows to be false or misleading in a material particular.

Penalty for this subregulation: a fine of $9 000.

(4)A driver of an on‑demand rank or hail vehicle must not accept a voucher that contains information that the driver knows or ought to know to be false or misleading in a material particular.

Penalty for this subregulation: a fine of $9 000

(5)A person must not tender a voucher to which they are not entitled, or that contains information that is false or misleading in a material particular.

Penalty for this subregulation: a fine of $9 000.

(6)The following persons must not direct a driver to refuse to accept a voucher as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare if the payment or part‑payment is in accordance with the CEO guidelines —

(a)the provider of an on‑demand booking service;

(b)the provider of an on‑demand passenger transport service;

(c)the provider of an on‑demand rank or hail vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

123.Guidelines

(1)The CEO may approve guidelines for the purposes of regulation 122.

(2)The CEO must publish the approved guidelines on the Department’s website.

124.Commencement and termination of journey in on‑demand rank or hail vehicle

(1)A journey made as part of the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle —

(a)begins — 

(i)if the vehicle is booked on a rank or hail basis — on the entry of a passenger into the vehicle; or

(ii)if the vehicle is booked to begin the journey at a specified place — as soon as the passenger acknowledges the driver after arrival at that place; or

(iii)if the vehicle is booked to begin the journey at a specified place and at a specified time — on arrival of the vehicle at that place at, or after, that time;

and

(b)ends when the vehicle is free to resume plying for hire.

(2)A driver of an on‑demand rank or hail vehicle must set the fare calculation device in operation at the beginning of a journey and stop the device at the end of the journey.

Penalty for this subregulation: a fine of $9 000.

(3)If a driver of an on‑demand rank or hail vehicle stops the vehicle during the period of a journey to refuel the vehicle or for some other purpose not requested by the person who booked the on‑demand passenger transport service or a passenger, the driver must pause the fare calculation device until the journey is recommenced.

Penalty for this subregulation: a fine of $9 000.

(4)This regulation does not apply if the on‑demand passenger transport service is provided for a contract fare.

125.Multiple hiring

(1)In this regulation —

multiple hiring, in relation to an on‑demand rank or hail vehicle, means the booking of the vehicle by 2 or more passengers who are not accompanying each other but who agree to share the use of the vehicle and pay separate fares for the provision of a passenger transport service using the vehicle to each of them.

(2)A person who books an on‑demand rank or hail vehicle for use in providing an on‑demand rank or hail passenger transport service may refuse to consent to the carriage of other passengers in the vehicle during the journey.

(3)If there is a multiple hiring of an on‑demand rank or hail vehicle, the fare for the provision of each passenger transport service covered by the multiple hiring must not exceed 75% of the Schedule 4 fare or Schedule 5 fare for the provision of that service.

(4)An on‑demand rank or hail passenger transport service that is provided for a contract fare cannot be the subject of a multiple hiring.

(5)Subregulation (4) does not prevent 2 or more passengers who are not accompanying each other from agreeing to share the cost of a contract fare.

(6)If an on‑demand rank or hail passenger transport service is the subject of a multiple hiring —

(a)any fee for parking at the request of a passenger referred to in regulation 130(1) must be paid by the person who made the booking for that passenger; and

(b)any cleaning fee referred to in regulation 130(2) must be paid by the person who made the booking for that passenger; and

(c)the amounts to be paid by a person who booked the vehicle for use in providing the service for the purposes of adding a surcharge under regulation 126 are, in respect of the service, the amounts for —

(i)the separate fare for the provision of the service; and

(ii)any parking fee or cleaning costs payable by that person referred to in paragraph (a) or (b).

126.Surcharge for non‑cash payment

(1)If a surcharge is added because a fare for the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle is being paid using a non‑cash payment, that surcharge is to be no more than 5% of all amounts to be paid for the provision of the service (except the surcharge itself).

(2)A person who provides a payment terminal that results in the imposition of a surcharge in contravention of subregulation (1) commits an offence.

Penalty for this subregulation:

(a)for an individual, a fine of $1 000;

(b)for a body corporate, a fine of $4 000.

(3)If more than one payment terminal is available for an on‑demand rank or hail vehicle, the driver must use the terminal that results in the lowest surcharge, if any, being imposed when the non‑cash payment is made.

Penalty for this subregulation: a fine of $1 000.

(4)If a payment terminal is available for use in an on‑demand rank or hail vehicle —

(a)if the provider of an on‑demand booking service was involved in requesting or enabling the use of that type of payment terminal, then that provider provides the terminal for the purposes of subregulation (2); and

(b)if the provider of the vehicle for use in providing an on‑demand passenger transport service was involved in requesting or enabling the use of that type of payment terminal, then that provider provides the terminal for the purposes of subregulation (2); and

(c)if the provider of an on‑demand passenger transport service was involved in requesting or enabling the use of that type of payment terminal, then that provider provides the terminal for the purposes of subregulation (2); and

(d)in any other case, the driver of the vehicle provides the terminal for the purposes of subregulation (2).

Subdivision 2 — Other requirements for fares

127.Terms used

In this Subdivision —

emergency declaration means an emergency situation declaration or a state of emergency declaration (as those terms are defined in the Emergency Management Act 2005 section 3);

fare amount includes the fare for the provision of an on‑demand passenger transport service and all fees and charges applying to the provision of that service;

relevant provider, in relation to an on‑demand vehicle, means —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service; or

(b)the provider of an on‑demand passenger transport service that is provided using the vehicle.

[Regulation 127 amended: SL 2020/204 r. 4.]

128.Fare amounts for passenger transport services using on‑demand vehicles

(1)A relevant provider must make available to a person intending to book an on‑demand vehicle for use in providing an on‑demand passenger transport service —

(a)the fare amount for the provision of the service; or

(b)a transparent process for the calculation of the fare amount.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The CEO or an authorised officer may, by written notice, require the relevant provider in relation to an on‑demand vehicle to produce for inspection, or provide a copy of —

(a)the fare amount for the provision of an on‑demand passenger transport service using that vehicle; and

(b)the transparent process for the calculation of the fare amount referred to in subregulation (1).

(3)A notice under subregulation (2) must specify —

(a)the manner in which the information to which it applies must be produced or provided; and

(b)the time within which the information to which it applies must be produced or provided, which must allow the person a reasonable period to comply with the notice.

(4)A person given a notice under subregulation (2) must comply with the notice.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(5)For the purposes of this regulation, a transparent process is one that —

(a)is easy for a reasonable person to understand; and

(b)discloses all fares, fees and charges that may be payable, including fees and charges that apply if —

(i)circumstances change; or

(ii)the vehicle is used for a longer period than anticipated; or

(iii)there are additional charges at certain times.

(6)This regulation does not apply if the on‑demand passenger transport service is provided on a rank or hail basis.

129.Certain fares and charges prohibited in certain declared emergencies

(1)In this regulation —

queue‑jumping fee means a fee payable in addition to the fare determined using the standard method of calculating the fare, in order to be conveyed by an on‑demand vehicle in priority to persons already logged into the driver’s booking system;

surge pricing means an increased fare charged only at times of temporary high demand for passenger transport.

(2)A relevant provider in relation to an on‑demand vehicle must ensure that a fare that is calculated by reference to an element of surge pricing, or includes a queue‑jumping fee, is not charged for the provision of an on‑demand passenger transport service in the area to which an emergency declaration applies.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(3)Subregulation (2) does not apply in relation to an area if —

(a)in the case of an area to which only 1 emergency declaration applies — the area is determined under regulation 129A to be an exempt area in relation to the emergency declaration; or

(b)in the case of an area to which 2 or more emergency declarations apply — the area is determined under regulation 129A to be an exempt area in relation to each of the emergency declarations.

[Regulation 129 amended: SL 2020/204 r. 5.]

129A.Exempt areas in relation to emergency declarations

(1)For the purposes of regulation 129(3), the CEO may determine that the area, or part of the area, to which an emergency declaration applies is an exempt area in relation to the emergency declaration.

(2)A determination under subregulation (1) must —

(a)be in writing; and

(b)specify the area that is an exempt area; and

(c)specify the emergency declaration in relation to which the area is exempt.

(3)The CEO may, in writing, revoke or vary a determination under subregulation (1).

(4)Unless sooner revoked, a determination under subregulation (1) ceases to have effect when the emergency declaration specified in the determination ceases to be in force.

(5)The CEO must publish on the Department’s website —

(a)a determination under subregulation (1); and

(b)any revocation or variation under subregulation (3).

[Regulation 129A inserted: SL 2020/204 r. 6.]

130.Parking fees and cleaning costs

(1)The person who booked a passenger transport vehicle for use in providing a passenger transport service may be required to pay the fee, if any, for parking during the journey at a passenger’s request unless parking fees have already been paid as part of a contract fare.

(2)The person who booked a passenger transport vehicle for use in providing a passenger transport service may be charged for the costs of cleaning the vehicle if it is soiled by a passenger during the journey.

(3)If the passenger transport service is provided for a Schedule 4 fare or Schedule 5 fare, an amount charged under this regulation is in addition to any amount chargeable under regulation 116 or 117.

Subdivision 3 — Receipts

131.Receipts

(1)The provider of an on‑demand booking service (other than the provider of an associated booking service) for the use of an on‑demand vehicle in providing a passenger transport service must ensure that any receipt provided for the fare for the provision of the passenger transport service includes at least one of the following (as published on the list under section 41 of the Act) —

(a)the authorisation number of the provider of the on‑demand booking service;

(b)the name of the provider of the on‑demand booking service;

(c)a trading name or business name used by the provider of the on‑demand booking service.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The provider of an associated booking service for the use of an on‑demand vehicle in providing a passenger transport service must ensure that any receipt provided for the fare for the provision of the passenger transport service includes —

(a)either —

(i)the name of the provider of the associated booking service; or

(ii)a trading name or business name used by the provider of the associated booking service;

and

(b)at least 1 of the following (as published on the list under section 41 of the Act) —

(i)the authorisation number of the provider of the on‑demand booking service identified in the association arrangement as the principal booking service (the principal booking service);

(ii)the name of the provider of the principal booking service;

(iii)a trading name or business name used by the provider of the principal booking service.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

Subdivision 4 — Fare calculation devices

132.On‑demand rank or hail vehicles to be fitted with fare calculation device

(1)The following persons must ensure that an on‑demand rank or hail vehicle is fitted with a fare calculation device that complies with regulation 133 —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing an on‑demand passenger transport service;

(b)the provider of an on‑demand passenger transport service that is provided using the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The following persons must ensure, so far as is reasonably practicable, that an on‑demand rank or hail vehicle is fitted with a fare calculation device that complies with regulation 133 —

(a)the provider of the vehicle for use in providing an on‑demand passenger transport service;

(b)the driver of the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

133.Requirements for fare calculation devices

(1)All fares and other figures displayed on the fare calculation device must be clearly visible to passengers in the vehicle who wish to view them, whether on the device itself or by means of an auxiliary device.

(2)The fare calculation device must be resistant to tampering and vandalism and must be in working order.

(3)The fare calculation device must be —

(a)securely fixed to the vehicle; or

(b)secured in a mounting that is designed and manufactured for that purpose and is fixed to the vehicle in the manner intended by the manufacturer.

(4)The fare calculation device must not be located in any position, or installed in any way, in which it is likely to cause injury to the driver or any passenger during normal operation of the on‑demand rank or hail vehicle or in the event of severe acceleration or deceleration.

(5)The fare calculation device must —

(a)display the fare, including any additional fees, charges or tolls, in numerals, in Australian dollars; and

(b)be capable of accurately calculating the fare at all times when the vehicle is being used to provide an on‑demand rank or hail passenger transport service; and

(c)be calibrated so that it determines the fare in accordance with these regulations.

134.Display of information: on‑demand rank or hail vehicles

(1)The following persons must ensure that the information set out in subregulation (3) is displayed inside an on‑demand rank or hail vehicle so that it is clearly visible to any passenger in the vehicle —

(a)the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service; or

(b)the provider of a passenger transport service that is provided using the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The following persons must ensure, so far as is reasonably practicable, that the information set out in subregulation (3) is displayed inside an on‑demand rank or hail vehicle so that it is clearly visible to any passenger in the vehicle —

(a)the provider of the vehicle for use in providing a passenger transport service;

(b)the driver of the vehicle.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(3)The information to be displayed is —

(a)the authorisation number of the provider of the on‑demand booking service or, in the case of an associated booking service, the authorisation number of the provider of the on‑demand booking service identified in the association arrangement as the principal booking service; and

(b)contact information for the provider of the on‑demand booking service.

Division 4 — Other obligations

135.Driver to inform on‑demand booking service of certain matters

(1)A driver of an on‑demand rank or hail vehicle must inform the provider of an on‑demand booking service for the use of the vehicle in providing a passenger transport service on each occasion when the driver begins or ends a period during which the driver is driving the vehicle for the purpose of providing a passenger transport service.

Penalty for this subregulation: a fine of $12 000.

(2)A driver of an on‑demand rank or hail vehicle must provide the driver’s correct identity to the provider of the on‑demand booking service when complying with subregulation (1).

Penalty for this subregulation: a fine of $12 000.

136.Conduct of drivers while driving vehicle to transport passengers for hire or reward

(1)A driver of a passenger transport vehicle must behave in an orderly manner at all times while driving the vehicle for the purpose of transporting passengers for hire or reward.

Penalty for this subregulation: a fine of $6 000.

Note for this subregulation:

Under section 11(2) of the Act, driving a vehicle for the purpose of transporting passengers for hire or reward includes using the vehicle for standing or plying or touting for hire for that purpose.

(2)Without limiting subregulation (1), a driver does not behave in an orderly manner if the driver —

(a)uses insulting, offensive or threatening language; or

(b)behaves in an insulting, offensive or threatening manner.

137.Assistance animals

(1)In this regulation —

assistance animal has the meaning given in the Disability Discrimination Act 1992 (Commonwealth) section 9(2).

(2)The driver of a passenger transport vehicle must not refuse to carry an assistance animal or an assistance animal in training in or on the vehicle.

Penalty for this subregulation: a fine of $9 000.

138.Driver must accept hiring except in certain circumstances

(1)A driver of an on‑demand rank or hail vehicle must accept any person as a passenger in the vehicle unless — 

(a)the driver has reasonable grounds to believe that either of the following poses a threat to the driver’s safety —

(i)the intended passenger or a person accompanying the intended passenger;

(ii)the location at which the journey is to begin or end;

or

(b)the intended passenger or a person accompanying the intended passenger is —

(i)in such an unclean condition that they will soil the vehicle; or

(ii)carrying a thing that is likely to soil the vehicle;

or

(c)the intended passenger is abusive or aggressive; or

(d)the intended passenger or a person accompanying the intended passenger appears to be under the influence of alcohol or drugs to an extent that they are likely to soil the vehicle or become abusive or aggressive; or

(e)the driver has reasonable grounds to believe that the intended passenger has previously evaded or attempted to evade the payment of a fare for the provision of a passenger transport service; or

(f)the driver requires the intended passenger to pay a deposit and the intended passenger does not pay it; or

(g)the intended passenger and persons accompanying the intended passenger aged 12 years or over exceed the number of available seatbelts in the vehicle.

Penalty for this subregulation: a fine of $3 000.

(2)If at any point during the provision of an on‑demand passenger transport service in an on‑demand rank or hail vehicle, a person begins to soil the vehicle or become abusive or aggressive, the driver may terminate the provision of the service and require the person who booked the service to pay — 

(a)the Schedule 4 fare, Schedule 5 fare or contract fare that would have been due if the hiring had terminated at that point in the normal course of events; and

(b)costs of cleaning mentioned in regulation 130(2).

(3)A driver of an on‑demand rank or hail vehicle must not terminate the provision of an on‑demand rank or hail passenger transport service before reaching the agreed destination for reasons other than those set out in subregulation (2).

Penalty for this subregulation: a fine of $3 000.

139.No touting or soliciting for passengers

A driver of a vehicle or another person must not tout or solicit for passengers for a rank or hail service to be provided using the vehicle unless the vehicle is an authorised on‑demand rank or hail vehicle.

Penalty:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

140.Offence to operate unauthorised vehicle with passenger transport vehicle number plates

(1)A person must not operate a vehicle (as defined in section 120 of the Act) if —

(a)the number plates of the vehicle identify it as a passenger transport vehicle or as a passenger transport vehicle that is used to provide a particular category of passenger transport service; and

(b)there is not in force in relation to the vehicle a passenger transport vehicle authorisation, or a passenger transport vehicle authorisation that authorises the vehicle to be operated for use in providing that category of passenger transport service, as the case requires.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

(2)Despite subregulation (1), if a passenger transport vehicle authorisation ceases to be in force, a person may operate the vehicle with number plates that identify the vehicle as a passenger transport vehicle, or as a passenger transport vehicle that is used to provide a particular category of passenger transport service, within the period of 14 days after the cessation for a purpose other than the provision of a passenger transport service.

141.Wheelchair accessible vehicle to be used to attend to passenger who uses or requires wheelchair first

(1)A driver of a wheelchair accessible vehicle that is an on‑demand rank or hail vehicle must ensure that it is used to attend first to any request for service for a passenger who uses or requires a wheelchair.

Penalty for this subregulation: a fine of $3 000.

(2)A provider of on‑demand booking service for the use of a wheelchair accessible vehicle in providing an on‑demand rank or hail passenger transport service must ensure that it is used to attend first to any request for service for a passenger who uses or requires a wheelchair.

Penalty for this subregulation:

(a)for an individual, a fine of $3 000;

(b)for a body corporate, a fine of $10 000.

Part 9  Information

142.Law enforcement officials (s. 150)

For the purposes of the definition of law enforcement official in section 150 of the Act, the following persons and classes of persons are prescribed —

(a)the Commissioner, as defined in the Australian Federal Police Act 1979 (Commonwealth) section 4(1);

(b)the Commissioner, as defined in the Corruption, Crime and Misconduct Act 2003 section 3(1);

(c)the Public Sector Commissioner, but only when the Public Sector Commissioner is performing functions under the Corruption, Crime and Misconduct Act 2003;

(d)the Commissioner (however designated) of the police force of another State or of the Northern Territory.

143.Relevant authorities (s. 150)

(1)In this regulation —

Road Safety Commissioner means the person employed in the department of the Public Service principally assisting in the administration of the Road Safety Council Act 2002 in the position of Road Safety Commissioner of Western Australia;

WorkSafe Commissioner means the WorkSafe Western Australia Commissioner appointed under the Occupational Safety and Health Act 1984 section 9.

(2)For the purposes of the definition of relevant authority in section 150 of the Act, the following persons are prescribed —

(a)the Road Safety Commissioner or a person employed in the department of the Public Service principally assisting in the administration of the Road Safety Council Act 2002 who is nominated by the Road Safety Commissioner to the CEO;

(b)Austroads Ltd (ACN 136 812 390);

(c)the WorkSafe Commissioner or a person employed in the department of the Public Service principally assisting in the administration of the Occupational Safety and Health Act 1984 who is nominated by the WorkSafe Commissioner to the CEO;

(d)the managing director, as defined in the Insurance Commission of Western Australia Act 1986 section 3, or an officer or employee of the Insurance Commission of Western Australia who is nominated by the managing director to the CEO;

(e)the chief executive officer of the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004, or a person employed in that department who is nominated by the chief executive officer to the CEO.

(3)A nomination under subregulation (2) must be in writing signed by the person making the nomination.

(4)A person mentioned in subregulation (2)(a), (c), (d) or (e) whose nomination to the CEO is revoked is, when the revocation takes effect, no longer a person prescribed for the purposes of the definition of relevant authority in section 150 of the Act.

144.Prescribed period (s. 152(a))

For the purposes of section 152(a) of the Act, the prescribed period is 6 months.

145.Disclosure of authorisation status of driver (s. 153)

(1)For the purposes of section 153 of the Act, the CEO may disclose the authorisation status of a passenger transport driver to any of the following persons who requests the information (the recipient) by making the information available to the recipient through an online facility —

(a)a provider of an on‑demand booking service;

(b)a provider of a passenger transport service;

(c)a provider of a passenger transport vehicle.

(2)In disclosing the authorisation status of a passenger transport driver under section 153 of the Act, the CEO may disclose the following information —

(a)whether a passenger transport driver authorisation has been granted to the driver;

(b)if a passenger transport driver authorisation has been granted to the driver —

(i)the passenger transport driver authorisation number; and

(ii)whether the authorisation is in force;

(c)if the authorisation is in force — when the authorisation is due to expire;

(d)if the authorisation is not in force —

(i)whether the authorisation has expired and the day of the expiry; or

(ii)whether the authorisation is suspended and the period of any suspension; or

(iii)whether the authorisation has been cancelled; or

(iv)whether the driver is disqualified from holding or obtaining a passenger transport driver authorisation and the period of any disqualification;

(e)whether any conditions have been imposed on the authorisation under section 98(1)(b) or 100(1) of the Act.

(3)The authorisation status of a passenger transport driver must not be disclosed under section 153 of the Act unless the recipient provides all of the following information —

(a)the surname of the driver;

(b)the date of birth of the driver;

(c)either or both of the following, as required by the CEO —

(i)the driver’s licence number of the driver;

(ii)the passenger transport driver authorisation number of the driver.

146.Prescribed information road traffic CEO must provide to CEO (s. 158)

Information is prescribed for the purposes of section 158(2)(d) of the Act if the information —

(a)is obtained by the road traffic CEO under a road law, whether before or after the day on which this regulation comes into operation; and

(b)is relevant to whether a person who holds, or has applied for, a passenger transport driver authorisation is a fit and proper person to hold the authorisation.

Part 10  Infringement notices and enforcement

147.Prescribed offences and modified penalties

(1)The offences described in Schedule 6 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2)The modified penalty specified opposite an offence in Schedule 6 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).

148.Approved officers and authorised officers

(1)In this regulation —

TRPS authorised officer means an authorised officer as defined in section 4(1) of the Act.

(2)Each TRPS authorised officer is an authorised officer for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for an offence prescribed under regulation 147(1).

(3)An authorised officer who is a police officer can show that the authorised officer is authorised to issue infringement notices by showing the officer’s Certificate of Authority (as defined in the Police Force Regulations 1979 regulation 901A).

(4)An authorised officer who is not a police officer can show that the authorised officer is authorised to issue infringement notices by showing the officer’s identity card issued under section 166(3) of the Act.

(5)The CEO may, in writing, appoint a person employed in the Department who is not a TRPS authorised officer to be an approved officer for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for an offence prescribed under regulation 147(1).

149.Entry warrants (s. 178(2))

For the purposes of section 178(2) of the Act, the following information is prescribed —

(a)the applicant’s full name and official details;

(b)the premises in relation to which the warrant is being sought;

(c)the purpose for which the entry to the premises is required;

(d)the grounds on which the applicant considers that entry to the premises is necessary;

(e)a statement to the best of the applicant’s knowledge about whether an application for an entry warrant for the same premises has been made under section 178 of the Act within the previous 72 hours and, if so, whether or not a warrant was issued.

150.Forms

For the purposes of the Criminal Procedure Act 2004 Part 2 and sections 184(3) and 189(3) of the Act, the forms set out in Schedule 7 are prescribed in relation to the matters specified in those forms.

Part 11 — Voluntary buyback, adjustment assistance and levy

Division 1 — Buyback payment and net loss payment

151.Prescribed day for buyback payment and net loss payment applications (s. 229(2) and 235(2))

For the purposes of sections 229(2) and 235(2) of the Act, the prescribed day is 31 May 2019.

Division 2 — On‑demand passenger transport levy

Subdivision 1 — Preliminary

152.Terms used

In this Division —

approved special events provider means a provider of an authorised on‑demand booking service in relation to whom an approval under regulation 158(3) is in force;

assessment period has the meaning given in section 241 of the Act;

associated relevant journey, in relation to a leviable passenger service transaction, means the relevant journey to which the leviable passenger service transaction relates;

booster seat has the meaning given in the Road Traffic Code 2000 regulation 230;

child restraint has the meaning given in the Road Traffic Code 2000 regulation 230;

child safety harness has the meaning given in the Road Traffic Code 2000 regulation 230;

metered fare means a fare for an on‑demand passenger transport service to which regulation 116 or 117 applies;

metered fare amount means —

(a)in relation to a metered fare to which regulation 116 applies — the amount of fare calculated using metered rates (whether those rates are the applicable maximum metered rates set out in Schedule 4 or lower rates); or

(b)in relation to a metered fare to which regulation 117 applies — the amount of fare calculated using metered rates (whether those rates are the applicable maximum metered rates set out in Schedule 5 or lower rates);

multiple service agreement means an agreement if —

(a)2 or more on‑demand passenger transport services may be carried out under the agreement during 1 or more periods specified in the agreement; and

(b)it is not possible under the terms of the agreement to determine a separate amount payable that applies to each separate on‑demand passenger transport service;

relevant journey has the meaning given in section 241 of the Act;

special event —

(a)means —

(i)a tour; or

(ii)a wedding, funeral, graduation, birthday party or other ceremony or celebration of religious or personal significance; or

(iii)a ball or similar function;

but

(b)does not include a concert, theatrical performance or sporting event;

special events booking means a booking for a luxury or vintage vehicle to be used in providing an on‑demand passenger transport service for a special event, but does not include a booking that relates to an on‑demand passenger transport service —

(a)for a journey to or from an airport; or

(b)that is provided for business purposes.

Subdivision 2 — General provisions relating to levy

153.Classes of providers of on‑demand booking services (s. 241)

(1)For the purposes of the definition of assessment period in section 241 of the Act, the classes of provider of an on‑demand booking service set out in the Table are prescribed.

Table

Name of class

Description of class

Small on‑demand booking service providers

Each provider of an on‑demand booking service if the total number of vehicles in relation to which the provider provides an on‑demand booking service is not more than 50

Large on‑demand booking service providers

Each provider of an on‑demand booking service if the total number of vehicles in relation to which the provider provides an on‑demand booking service is more than 50

(2)For the purposes of subregulation (1), if the provider of an authorised on‑demand booking service (the principal booking service) has entered into an association arrangement, an on‑demand booking service provided by the provider of the associated booking service to which the arrangement applies is taken to be provided by the provider of the principal booking service.

154.Levy fare: general (s. 241)

(1)For the purposes of the definition of levy fare in section 241 of the Act, unless regulation 155 or 156 applies, the levy fare for an on‑demand passenger transport service is the amount payable for the service, including the amounts set out in subregulation (2) but excluding any amounts set out in subregulation (3).

(2)The following amounts are included in the levy fare —

(a)any base or minimum fare amount;

(b)any call out charge;

(c)any fare amounts calculated by reference to the actual or expected time, location, duration or distance of the journey (including any charges payable during peak periods);

(d)any booking charge or other amount payable in relation to the booking for the on‑demand passenger transport service;

(e)any other amount payable for the service and not referred to in subregulation (3).

(3)The following amounts are excluded from the levy fare —

(a)any amount allocated for the levy that does not exceed the lesser of —

(i)10% of the sum of the amounts referred to in subregulation (2); or

(ii)$10;

(b)any amount of GST;

(c)any airport fee;

(d)any charge for using a particular payment method;

(e)any charge for cleaning the vehicle because it was soiled by a passenger or parking the vehicle at the request of a passenger;

(f)any charge for providing or fitting a child restraint, booster seat or child safety harness;

(g)any charge for carrying oversized or excess luggage using a trailer, roof‑rack or similar equipment.

155.Levy fare: on‑demand passenger transport service provided for metered fare (s. 241)

(1)For the purposes of the definition of levy fare in section 241 of the Act, the levy fare for an on‑demand passenger transport service provided for a metered fare is the amount payable for the service, including the amounts set out in subregulation (2) but excluding the amounts set out in subregulation (3).

(2)The following amounts are included in the levy fare —

(a)the metered fare amount;

(b)any call out fee, guaranteed booking fee or surcharge of a kind set out in Schedule 4 or Schedule 5 (whether the maximum fee or charge or a lower fee or charge is payable);

(c)any other amount payable for the service and not referred to in subregulation (3).

(3)The following amounts are excluded from the levy fare —

(a)any amount allocated for the levy charged under regulation 116(2)(a) or 117(2)(a);

(b)any amount of GST (including any amount of GST included in an amount of a kind referred to in subregulation (2)(a) or (b));

(c)any airport fee;

(d)any surcharge for non‑cash payment charged under regulation 126;

(e)any parking fees or cleaning costs charged under regulation 130;

(f)any charge for providing or fitting a child restraint, booster seat or child safety harness;

(g)any charge for carrying oversized or excess luggage using a trailer, roof‑rack or similar equipment.

156.Levy fare: fare under multiple service agreement (s. 241)

(1)For the purposes of the definition of levy fare in section 241 of the Act, the levy fare for an on‑demand passenger transport service to which a multiple service agreement applies is to be calculated as follows —

(a)first, calculate the percentage (X%) of the agreement period that falls during the relevant assessment period;

(b)second, calculate X% of the total amount payable under the agreement for on‑demand passenger transport services in respect of the agreement period (including any amounts of a kind referred to in regulation 154(2), but excluding any amounts of a kind referred to in regulation 154(3)(b) to (g) and any amount allocated for the levy that does not exceed 10% of the sum of the amounts of a kind referred to in regulation 154(2));

(c)third, divide the amount calculated under paragraph (b) by the number of on‑demand passenger transport services completed under the agreement during the relevant assessment period.

(2)In subregulation (1) —

agreement period means the period specified in the multiple service agreement during which the on‑demand passenger service was completed;

relevant assessment period means the assessment period during which the on‑demand passenger transport service was completed.

157.Transactions relating to electric vehicles not leviable passenger service transactions

A passenger service transaction that consists of taking a booking for an electric vehicle to be used in providing an on‑demand passenger transport service is not a leviable passenger service transaction.

158.Exemption from requirement to pay levy for approved special events providers

(1)An approved special events provider is exempt from liability to pay the levy in relation to leviable passenger service transactions by the provider.

(2)The provider of an authorised on‑demand booking service may apply to the CEO in the approved form for approval as a special events provider.

(3)On application under subregulation (2), the CEO may by written notice approve the provider as a special events provider if the CEO is satisfied that —

(a)the only bookings for on‑demand vehicles to be used in providing on‑demand passenger transport services taken or facilitated by the provider are special events bookings; and

(b)the provider is not a party to any association arrangement with another provider of an on‑demand booking service.

(4)In determining for the purposes of subregulation (3) whether a vehicle is a luxury or vintage vehicle referred to in the definition of special events booking in regulation 152, the CEO may have regard to the following —

(a)the age and rarity of the vehicle;

(b)the value of the vehicle;

(c)the degree of comfort and amenity the vehicle provides to passengers;

(d)any other relevant matters.

(5)It is a condition of an on‑demand booking service authorisation of an approved special events provider that —

(a)the provider must not take or facilitate a booking, other than a special events booking, for a vehicle to be used in providing an on‑demand passenger transport service; and

(b)the provider must not enter into an association arrangement; and

(c)if the provider intends to begin to take or facilitate bookings, other than special events bookings, for vehicles to be used in providing on‑demand passenger transport services, or to enter into an association arrangement, the provider must give written notice to the CEO before doing so.

(6)The CEO must by written notice revoke an approval under subregulation (3) if —

(a)the CEO is satisfied that the provider has contravened a condition in subregulation (5)(a) or (b); or

(b)the provider gives a notice to the CEO in accordance with subregulation (5)(c).

159.Calculation of amount of levy payable on estimated basis (s. 247(1))

(1)For the purposes of section 247(1) of the Act, if the CEO has determined under section 247(2) of the Act that it is not reasonably practicable to determine the whole or part of the amount of levy payable by a person based on actual levy fares or leviable passenger service transactions or both during an assessment period —

(a)the CEO must as soon as practicable give the person a written direction setting out how the whole or the part of the amount of levy payable is to be calculated on an estimated basis for that assessment period; and

(b)the amount of levy payable by the person for the assessment period is to be calculated in accordance with that direction.

(2)In giving a direction under subregulation (1)(a), the CEO must have regard to the reasons for making the determination under section 247(2) of the Act.

(3)A direction under subregulation (1)(a) must provide for a method for the calculation of the whole or part of the amount of levy payable by the person for the assessment period on an estimated basis that takes into account 1 or more of the following matters —

(a)the amount of levy payable by the person for the previous assessment period or any part of it;

(b)the average amount of levy payable by the person over 2 or more recent assessment periods or any parts of those periods;

(c)the amount of levy payable by the person for the equivalent assessment period, or equivalent part of an assessment period, in the previous calendar year;

(d)the day, time, location, duration or distance of any associated relevant journey for a leviable passenger service transaction in respect of which the actual levy fare cannot be ascertained;

(e)any fare estimator made available by the person that applies to any associated relevant journey for a leviable passenger service transaction in respect of which the actual levy fare cannot be ascertained.

160.Registration as taxpayer (s. 249)

(1)An application by a person for registration as a taxpayer under section 249 of the Act must —

(a)be in the approved form; and

(b)be made no later than 7 days after the day on which the person first becomes liable to pay the levy.

(2)A person registered as a taxpayer under section 249 of the Act must give written notice to the CEO if there is a change in any of the information that was given to the CEO in the application for registration as soon as practicable after becoming aware of the change.

Penalty for this subregulation:

(a)for an individual, a fine of $3 000;

(b)for a body corporate, a fine of $10 000.

161.Payment of levy

(1)A provider of an on‑demand booking service who applies under section 249 of the Act to register as a taxpayer for the purposes of Part 9 Division 2 of the Act must enter into an approved agreement for the payment of amounts of levy by direct debit from a bank account.

(2)An amount of levy payable by a person is to be paid by direct debit from a bank account in accordance with the agreement entered into under subregulation (1).

(3)On application by the provider of an on‑demand booking service, the CEO may, if the CEO considers it appropriate in the circumstances, give the provider written notice stating that another payment method may be used.

(4)If the CEO gives a notice under subregulation (3) —

(a)subregulations (1) and (2) do not apply to the provider; and

(b)an amount of levy payable by the provider must be paid by the payment method specified in the notice.

162.Returns (s. 250)

A return lodged by a taxpayer under section 250 of the Act must —

(a)be in the approved form; and

(b)include any documents required by the approved form.

163.Records (s. 251)

(1)For the purposes of section 251(a) of the Act, records of the following information must be kept in accordance with this regulation in relation to each leviable passenger service transaction by a person —

(a)the day and time at which the booking in relation to the leviable passenger service transaction was taken;

(b)the day of the associated relevant journey for the leviable passenger service transaction and the times it began and ended;

(c)the locations where the associated relevant journey began and ended;

(d)the following information about the driver of the on‑demand vehicle used for the associated relevant journey —

(i)the driver’s name;

(ii)the driver’s relevant driver authorisation number;

(e)the vehicle licence number or interstate vehicle licence number of the vehicle used for the associated relevant journey;

(f)the fare information required under regulation 164 for the on‑demand passenger transport service to which the leviable passenger service transaction relates.

(2)The records referred to in subregulation (1) must be kept in the manner and form approved by the CEO.

(3)A record referred to in subregulation (1) must be retained for at least 5 years after the day on which the leviable passenger service transaction to which it relates occurs.

164.Records: fare information

(1)For the purposes of regulation 163(1)(f), the fare information for an on‑demand passenger transport service to which regulation 154 applies is —

(a)the total amount payable for the on‑demand passenger transport service;

(b)each component of the total amount referred to in paragraph (a), including each amount of a kind referred to in regulation 154(2) or (3);

(c)the amount of the levy fare for the on‑demand passenger transport service;

(d)the rates used for calculating any amount of a kind referred to in regulation 154(2)(c);

(e)the distance travelled in the associated relevant journey, if this is used for calculating any amount of the fare payable for the on‑demand passenger transport service.

(2)For the purposes of regulation 163(1)(f), the fare information for an on‑demand passenger transport service provided for a metered fare is —

(a)the total amount payable for the on‑demand passenger transport service;

(b)each component of the total amount referred to in paragraph (a), including each amount of a kind referred to in regulation 155(2) or (3);

(c)the amount of the levy fare for the on‑demand passenger transport service;

(d)the rates used for calculating the metered fare amount;

(e)the distance travelled in the associated relevant journey.

(3)For the purposes of regulation 163(1)(f), the fare information for an on‑demand passenger transport service to which a multiple service agreement applies is —

(a)the total amount payable for on‑demand passenger transport services under the multiple service agreement in respect of the agreement period (as defined in regulation 156(2));

(b)each component of the total amount referred to in paragraph (a), including each amount of a kind referred to in regulation 154(2) or (3)(b) to (g) and any amount allocated for the levy;

(c)the number of days in the agreement period;

(d)the number of on‑demand passenger transport services completed under the multiple service agreement during the relevant assessment period (as defined in regulation 156(2));

(e)the levy fare for the on‑demand passenger transport service.

165.Records to be produced or provided to CEO or authorised officer

(1)The CEO or an authorised officer may, by written notice, require a person who is required to keep records under section 251 of the Act to —

(a)produce any of those records for inspection; or

(b)provide copies of any of those records.

(2)A notice under subregulation (1) must specify —

(a)the manner in which the records must be produced or provided; and

(b)the time within which the records must be produced or provided, which must allow the person a reasonable period to comply with the notice.

(3)A notice under subregulation (1)(b) may require copies of records to be provided on an ongoing basis at times specified in the notice.

(4)A person given a notice under subregulation (1) must comply with the notice.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

Subdivision 3 — Modifications of Taxation Administration Act 2003

166.Modifications of Taxation Administration Act 2003 (s. 243(2))

For the purposes of Part 9 Division 2 of the Act, the Taxation Administration Act 2003 applies with the modifications set out in this Subdivision.

167.Time limits on reassessment

The Taxation Administration Act 2003 section 17(1) and (4) apply as if any reference to 5 years were a reference to 2 years.

168.Penalty tax not payable

The Taxation Administration Act 2003 Part 3 Division 3 and any other provisions of that Act to the extent that they relate to penalty tax do not apply in relation to the levy.

169.Records relevant to objections

The Taxation Administration Act 2003 Part 4 Division 2 applies as if it required an objection to contain, in addition to the requirements of section 35 of that Act, any records relevant to the objection, such as journey data, vehicle records, fare calculation device data and financial statements.

170.Time for lodging objections

(1)The Taxation Administration Act 2003 Part 4 Division 2 applies as if it provided that the Commissioner cannot extend the 60‑day period for lodging an objection under section 36(1), (2) or (3) of that Act unless there are special circumstances that prevented the objection from being lodged within that period.

(2)Without limiting subregulation (1), special circumstances may include the following —

(a)a serious illness or other personal emergency affecting the taxpayer;

(b)a failure of computing or other systems, including loss of data, affecting the taxpayer’s ability to make the objection;

(c)an unforeseeable circumstance outside the control of the taxpayer.

(3)The Taxation Administration Act 2003 section 36(5) applies as if the reference to 12 months were a reference to 6 months.

171.Proceedings before State Administrative Tribunal

The Taxation Administration Act 2003 section 43(2ab) applies as if a reference to the Minister were a reference to the Minister administering the Transport (Road Passenger Services) Act 2018 Part 9 Division 2.

172.Time limit on refund applications

The Taxation Administration Act 2003 section 54(4)(b) applies as if the reference to 5 years were a reference to 2 years.

173.Proceedings for an offence

The Taxation Administration Act 2003 section 112 applies for the purposes of proceedings for an offence under the Transport (Road Passenger Services) Act 2018 Part 9 Division 2 or under the Taxation Administration Act 2003 in relation to the Transport (Road Passenger Services) Act 2018 Part 9 Division 2 as if a reference to the Commissioner included a reference to the CEO.

174.Service

The Taxation Administration Act 2003 section 115 applies as if it provided that any document required or permitted under that Act to be served on the Commissioner in relation to the levy must be served —

(a)if there is an online facility available on the Department’s website that provides for the service of documents relating to the levy — using the taxpayer’s account with that online facility; or

(b)in another manner approved by the CEO.

Division 3 — Adjustment assistance grants

175.Prescribed day for adjustment assistance grant applications (s. 259(2))

For the purposes of section 259(2) of the Act, the prescribed day is 31 March 2019.

Part 12  Miscellaneous

176.Review of decisions (s. 262)

The following decisions are prescribed for the purposes of paragraph (i) of the definition of reviewable decision in section 262 of the Act —

(a)a decision under regulation 44(4) to refuse to vary the maximum number of vehicles covered by an on‑demand booking service authorisation;

(b)a decision under regulation 46(5)(a) to refuse to grant a further on‑demand booking service authorisation on a ground referred to in section 42(1)(a), (b), (d) or (e) of the Act;

(c)a decision under regulation 51(1) or (2) to refuse to accept a nomination of a person to represent the provider of an on‑demand booking service in providing the service;

(d)a decision under regulation 69(5)(b) to refuse to grant a further regular passenger service authorisation on a ground referred to in section 79(1)(a), (c) or (e) of the Act;

(e)a decision to give a notice under regulation 80(3);

(f)a decision under regulation 85(5)(b) to refuse to grant a further passenger transport driver authorisation on a ground referred to in section 106(1)(a), (b) or (d) of the Act;

(g)a decision under regulation 100(5)(b) to refuse to grant a further passenger transport vehicle authorisation on a ground referred to in section 139(1)(b) or (d) of the Act.

177.Fees

(1)The fees set out in Schedule 1 Division 1 are payable in relation to the matters referred to in that Division.

(2)The fees set out in Schedule 1 Division 2 are prescribed as the authorisation fees for on‑demand booking service authorisations for the purposes of section 31(1)(e) of the Act and regulation 46(4)(b).

(3)The fee for the purposes of regulation 44(3)(b) is to be calculated as follows —

where —

Nis the fee set out in Schedule 1 Division 2 that corresponds to the number of vehicles that would be covered by the on‑demand booking service authorisation if it were varied as requested in the application under regulation 44(1);

Ois the fee set out in Schedule 1 Division 2 that corresponds to the number of vehicles covered by the on‑demand booking service authorisation;

Ris the number of days in the period beginning on the day on which the application under regulation 44(1) is made and ending on the day on which the on‑demand booking service authorisation expires;

Tis the total number of days in the period for which the on‑demand booking service authorisation is granted.

(4)The fee set out in Schedule 1 Division 3 is prescribed as the authorisation fee for passenger transport driver authorisations for the purposes of section 96(d) of the Act and regulation 85(4)(b), whether the authorisation is granted for 12 months under regulation 84(2) or for a shorter period under regulation 84(3).

(5)The fees set out in Schedule 1 Division 4 are prescribed as the authorisation fees for passenger transport vehicle authorisations for the purposes of section 127(d) of the Act and regulation 100(4)(b).

178.Waiver of fees

(1)The CEO may, by written notice to a person, waive payment of the whole or a part of a fee prescribed under these regulations by the person if the CEO considers that it is appropriate in the circumstances to do so.

(2)The CEO may, by notice published in the Gazette, waive payment of the whole or a part of a fee prescribed under these regulations by a class of persons if the CEO considers that it is appropriate in the circumstances to do so.

179.Exemption of providers of school bus services and vehicles

(1)A provider of a passenger transport service that is a school bus service is exempt from all of the requirements of the Act and these regulations in relation to the school bus service except the requirement under regulation 14 to have a safety management system.

(2)A provider of a passenger transport vehicle used or intended to be used for a passenger transport service that is a school bus service is exempt from all of the requirements of the Act and these regulations in relation to the provision of that vehicle.

180.CEO or authorised officer may require documents to be produced or provided

(1)The CEO or an authorised officer may, by written notice —

(a)require the provider of a specified service that is required under regulation 14 to have a safety management system to —

(i)produce for inspection the provider’s safety management system; or

(ii)provide copies of that safety management system;

or

(b)subject to subregulation (4), require a party or former party to an association arrangement to produce for inspection or provide copies of —

(i)the association arrangement; or

(ii)any records required to be kept by the person under regulation 59(1)(b);

or

(c)require the provider of an authorised on‑demand booking service to —

(i)produce for inspection any of the records kept under regulations 57, 58, 63 and 113(6); or

(ii)provide copies of any of the records kept under regulations 57, 58, 63 and 113(6);

or

(d)require the provider of an authorised regular passenger transport service to —

(i)produce for inspection any of the records kept under regulations 74 and 78; or

(ii)provide copies of any of the records kept under regulations 74 and 78;

or

(e)require the provider of an on‑demand booking service, or a driver, who is required to keep records under regulation 120(4) or (5) to —

(i)produce for inspection any of those records; or

(ii)provide copies of any of those records.

(2)A notice under subregulation (1) must specify —

(a)the manner in which the document or documents to which it applies must be produced or provided; and

(b)the time within which the document or documents to which it applies must be produced or provided, which must allow the provider a reasonable period to comply with the notice.

(3)A notice under subregulation (1)(a)(ii), (c)(ii), (d)(ii) or (e)(ii) may require copies of records or the safety management system, as the case requires, to be provided on an ongoing basis at times specified in the notice.

(4)The CEO or an authorised officer must not give a notice under subregulation (1)(b) unless the association arrangement —

(a)is in effect; or

(b)ceased to have effect no more than 2 years before the day on which the notice is given.

(5)A person given a notice under subregulation (1) must comply with the notice.

Penalty for this subregulation:

(a)for an individual, a fine of $12 000;

(b)for a body corporate, a fine of $40 000.

Part 13 — Transitional provisions

Division 1 — General matters

181.Disclosure of information about drivers’ licences (s. 293(2))

(1)For the purposes of section 293(2) of the Act, the CEO may disclose the information referred to in that section to a person referred to in that section who requests the information (the recipient) by making the information available to the recipient through an online facility.

(2)The information referred to in section 293(2) of the Act about an ‘F’ or ‘T’ endorsed driver’s licence must not be disclosed unless the recipient provides all of the following information in relation to the driver’s licence —

(a)the surname of the driver’s licence holder;

(b)the date of birth of the driver’s licence holder;

(c)the driver’s licence number.

182.Camera surveillance units installed before 2 July 2019

(1)A camera surveillance unit installed in an on‑demand rank or hail vehicle before 2 July 2019 is not required to meet the requirements of regulation 108(3)(a) until 1 July 2021 if it meets the requirements of the standards (the 2017 standards) entitled Camera Surveillance Unit Standards 2017 approved by the CEO and published on the Department’s website, as at 1 July 2020.

(2)If a camera surveillance unit to which subregulation (1) applies does not meet the Camera Surveillance Unit Standards, but meets the 2017 standards, a reference in regulation 113(1)(b) to the Camera Surveillance Unit Standards is to be read, in relation to a visual, audiovisual or audio recording taken by the camera surveillance unit, as a reference to the 2017 standards.

183.Camera surveillance units in on‑demand rank or hail vehicles in regional areas

(1)Subject to subregulation (2), regulation 108(1) and (2) do not apply until 1 July 2021 in relation to an on‑demand rank or hail vehicle that primarily operates outside the metropolitan region except in relation to the use of the vehicle for a journey that starts and ends inside the metropolitan region.

(2)Regulation 108(1) and (2) do not apply until 1 July 2021 in relation to an on‑demand rank or hail vehicle that primarily operates in the following areas —

(a)the Mandurah local government district;

(b)the Murray local government district.

184.Prescribed transition period for ‘F’ or ‘T’ endorsed driver’s licence (s. 294)

For the purposes of section 294(2)(b) and (4) of the Act, the prescribed transition period for an ‘F’ or ‘T’ endorsed driver’s licence is the period of 12 months ending on 30 June 2021.

185.Provisions for drivers authorised to drive under s. 294 or interstate driver authorisation

(1)During a period when a driver of an on-demand rank or hail vehicle is authorised to drive a vehicle for the purpose of transporting passengers for hire or reward without a passenger transport driver authorisation under section 294 of the Act —

(a)regulation 29(1) applies to the driver even though the driver does not hold a passenger transport driver authorisation; and

(b)the number that must be included on the driver’s driver identity document for the purposes of regulation 29(1)(c) is the following, rather than the passenger transport driver authorisation number —

(i)if the driver has an approved identification card — the number on that card;

(ii)if the driver was issued a driver identification number under regulation 10L(3) of the 2019 regulations — that number.

(2)During a period when a driver of an on-demand charter vehicle is authorised to drive a vehicle for the purpose of transporting passengers for hire or reward without a passenger transport driver authorisation under section 294 of the Act, paragraph (c) of the definition of required information in regulation 31(1) does not apply in relation to the driver.

(3)During a period when a driver of a passenger transport vehicle is authorised to drive a vehicle for the purpose of transporting passengers for hire or reward without a passenger transport driver authorisation under section 294 of the Act, the records that must be kept under regulations 57(1)(a), 58(2)(d), 74(1)(c) and 163(1)(d) must include the driver’s licence number, rather than the relevant driver authorisation number, of the driver.

(4)During the period of 14 days beginning on the day on which a driver to whom subregulation (3) applied is granted a passenger transport driver authorisation, the records that must be kept under regulations 57(1)(a), 58(2)(d), 74(1)(c) and 163(1)(d) may include the driver’s licence number, rather than the relevant driver authorisation number, of the driver.

(5)During the period of 14 days beginning on 1 July 2020, the records that must be kept under regulations 57(1)(a), 58(2)(d), 74(1)(c) and 163(1)(d) in relation to a driver who holds an interstate driver authorisation and to whom subregulation (3) does not apply may include the driver’s licence number, rather than the relevant driver authorisation number, of the driver.

186.Provisions for s. 295 of the Act

(1)The prescribed day for section 295(2) and (3) of the Act is 30 September 2019.

(2)The prescribed requirements for section 295(4) of the Act are —

(a)that the vehicle complies with the requirements of regulation 98 for the authorisation of a vehicle intended to be used to provide an on‑demand rank or hail passenger transport service; and

(b)either —

(i)that the vehicle is owned by the owner of the taxi plates; or

(ii)that the owner of the vehicle has consented to the owner of the taxi plates applying for authorisation of the vehicle as a passenger transport vehicle authorised to be operated for use in providing an on‑demand rank or hail passenger transport service.

187.Provisions for s. 296 of the Act

(1)The prescribed date for the purposes of the definition of relevant date in section 296(1) of the Act is 30 September 2019.

(2)The requirements for the purposes of section 296(3)(b) of the Act are —

(a)that the vehicle complies with the requirements of regulation 98 for the authorisation of a vehicle intended to be used to provide an on‑demand rank or hail passenger transport service; and

(b)either —

(i)that the vehicle is owned by the lessee of the taxi plates; or

(ii)that the owner of the vehicle has consented to the lessee of the taxi plates applying for authorisation of the vehicle as a passenger transport vehicle authorised to be operated for use in providing an on‑demand rank or hail passenger transport service.

188.Medical reports

(1)In this regulation —

next report date, in relation to an ‘F’ or ‘T’ endorsed driver’s licence, means —

(a)the day on which the ‘F’ or ‘T’ endorsement would lapse under the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 12(11) (as those regulations apply under section 294(4) of the Act) if the holder of the licence does not submit a written report based on a medical examination; or

(b)if a condition imposed on the driver’s licence under the Road Traffic (Authorisation to Drive) Regulations 2014 required a written report based on a medical examination to be submitted by an earlier date — that earlier date.

(2)Despite regulations 82(a)(ii) and 85(2)(b)(ii), an application under section 95 of the Act or regulation 85 is not required to include an approved medical report on the applicant if —

(a)the applicant —

(i)in the case of an application under section 95 of the Act — holds an ‘F’ or ‘T’ endorsed driver’s licence at the time of the application; or

(ii)in the case of an application under regulation 85 — held an ‘F’ or ‘T’ endorsed driver’s licence when the applicant first applied for a passenger transport driver authorisation under section 95 of the Act;

and

(b)the next report date for the driver’s licence is at least 3 months after the day on which the application under section 95 of the Act or regulation 85 is made.

(3)If the CEO grants a passenger transport driver authorisation on an application to which subregulation (2) applies, the holder of the authorisation must give an approved medical report on the holder to the CEO on or before the next report date.

(4)The CEO may take a failure of a holder to give the CEO an approved medical report under subregulation (3) into account in determining for any purpose under the Act whether the holder is a fit and proper person to hold a passenger transport driver authorisation.

(5)Subregulation (2) does not apply to an application under regulation 85 for renewal of a passenger transport driver authorisation if a condition of the kind referred to in regulation 86 applies to the authorisation.

Division 2 — Number plates

189.Term used: commencement day

In this Division —

commencement day means the day on which Part 6 of the Act came into operation.

190.Existing attached taxi plates for taxis may continue to be used

(1)This regulation applies if a taxi plate that was issued under the Taxi Act 1994 was attached to a taxi immediately before commencement day.

(2)Unless otherwise provided in this Division, the taxi plate may continue to be used on and after commencement day as a number plate for the vehicle it was attached to while it continues to be an authorised on‑demand rank or hail vehicle.

(3)A taxi plate that may continue to be used because of subregulation (2) is taken on and after commencement day to be —

(a)a number plate issued by the road traffic CEO under the Road Traffic (Vehicles) Regulations 2014 regulation 111(2) in relation to the on‑demand rank or hail vehicle; and

(b)the property of the road traffic CEO.

191.Existing attached number plates for country taxi‑cars may continue to be used

(1)This regulation applies if a number plate that was issued for a country taxi‑car under the Transport Co‑ordination Act 1966 was attached to the taxi‑car immediately before commencement day.

(2)Unless otherwise provided in this Division, the number plate may continue to be used on and after commencement day as a number plate for the vehicle it was attached to while it continues to be an authorised on‑demand rank or hail vehicle.

(3)A number plate that may continue to be used because of subregulation (2) is taken on and after commencement day to be —

(a)a number plate issued by the road traffic CEO under the Road Traffic (Vehicles) Regulations 2014 regulation 111(2) in relation to the on‑demand rank or hail vehicle; and

(b)the property of the road traffic CEO.

192.Omnibus number plates

(1)This regulation applies if a number plate that was issued under the Transport Co‑ordination Act 1966 section 32A was attached to a vehicle that was an omnibus licensed under that Act immediately before commencement day.

(2)Unless otherwise provided in this Division, the number plate may continue to be used on and after commencement day as a number plate for the vehicle it was attached to —

(a)while it continues to be authorised under the Act to be used to provide a passenger transport service (other than an on‑demand rank or hail passenger transport service); and

(b)after it ceases to be authorised under the Act to be used to provide a passenger transport service if the number plate does not identify the vehicle as —

(i)a passenger transport vehicle; or

(ii)a passenger transport vehicle that is used to provide a particular category of passenger transport service.

(3)A number plate that may continue to be used because of subregulation (2)(a) is taken on and after commencement day to be —

(a)a number plate issued by the road traffic CEO under the Road Traffic (Vehicles) Regulations 2014 regulation 111(1) identifying the vehicle as an on‑demand charter vehicle; and

(b)the property of the road traffic CEO.

(4)A number plate that may continue to be used because of subregulation (2)(b) is taken on and after the vehicle ceases to be authorised under the Act to be used to provide a passenger transport service to be —

(a)a number plate issued by the road traffic CEO under the Road Traffic (Vehicles) Regulations 2014 regulation 111(1) in relation to the vehicle; and

(b)the property of the road traffic CEO.

193.Owned taxi plates that were attached and were not the subject of the buyback scheme

(1)This regulation applies if —

(a)taxi plates issued under the Taxi Act 1994 —

(i)were owned taxi plates as defined in section 295(1) of the Act; and

(ii)were not the subject of a buyback payment under Part 9 Division 1 of the Act; and

(iii)were attached to a vehicle immediately before commencement day;

and

(b)the eligible owner of the taxi plates has nominated a vehicle under section 295(4) of the Act.

(2)The taxi plates —

(a)may be attached to the nominated vehicle on or after commencement day; and

(b)once attached may be used as the number plates for the nominated vehicle while it continues to be an authorised on‑demand rank or hail vehicle; and

(c)must not be used as the number plates for the vehicle to which they were attached immediately before commencement day.

(3)A number plate that may be used on a nominated vehicle because of subregulation (2) is taken on and after commencement day to be —

(a)a number plate issued by the road traffic CEO under the Road Traffic (Vehicles) Regulations 2014 regulation 111(2) that identifies the nominated vehicle as an on‑demand rank or hail vehicle; and

(b)the property of the road traffic CEO.

194.Leased taxi plates that were attached

(1)This regulation applies if —

(a)taxi plates issued under the Taxi Act 1994 were attached to a vehicle immediately before commencement day; and

(b)the lessee of the taxi plates has nominated a vehicle under section 296(3)(b) of the Act.

(2)The taxi plates —

(a)may be attached to the nominated vehicle on or after commencement day; and

(b)once attached may be used as the number plates for the nominated vehicle while it continues to be an authorised on‑demand rank or hail vehicle; and

(c)must not be used as the number plates for the vehicle to which they were attached immediately before commencement day.

(3)A number plate that may be used on a nominated vehicle because of subregulation (2) is taken on and after commencement day to be —

(a)a number plate issued by the road traffic CEO under the Road Traffic (Vehicles) Regulations 2014 regulation 111(2) that identifies the nominated vehicle as an on‑demand rank or hail vehicle; and

(b)the property of the road traffic CEO.

195.Return of number plates that were not attached to a vehicle

(1)This regulation applies in relation to the following plates if they were not attached to a vehicle immediately before commencement day —

(a)taxi plates issued for a taxi under the Taxi Act 1994;

(b)number plates issued for a country taxi‑car under the Transport Co‑ordination Act 1966;

(c)number plates issued for an omnibus under the Transport Co‑ordination Act 1966 section 32A.

(2)The relevant person must surrender the taxi plates or number plates to the CEO within 14 days after commencement day.

Penalty for this subregulation: a fine of $800.

(3)In subregulation (2) —

relevant person, in relation to taxi plates or number plates, means —

(a)the owner of the taxi plates; or

(b)if the taxi plates were leased under the Taxi Act 1994, the lessee of the taxi plates; or

(c)the licensee under the Transport Co‑ordination Act 1966 in relation to number plates issued for a country taxi‑car under that Act; or

(d)the licensee under the Transport Co‑ordination Act 1966 in relation to number plates issued for an omnibus under section 32A of that Act.

(4)A taxi plate or a number plate issued for a country taxi‑car that is required to be surrendered under subregulation (2) is taken on and after commencement day to be —

(a)a number plate issued by the road traffic CEO under the Road Traffic (Vehicles) Regulations 2014 regulation 111(2) for a vehicle that identifies the vehicle as an on‑demand rank or hail vehicle; and

(b)the property of the road traffic CEO.

(5)A number plate issued for an omnibus that is required to be surrendered under subregulation (2) is taken on and after commencement day to be —

(a)a number plate issued by the road traffic CEO under the Road Traffic (Vehicles) Regulations 2014 regulation 111(1) for a vehicle that identifies the vehicle as an on‑demand charter vehicle; and

(b)the property of the road traffic CEO.

196.Seizure of number plates

An authorised officer may seize and take possession of number plates that the officer suspects on reasonable grounds should have been returned to the CEO under regulation 195.

Division 3 — Transition from Transport (Road Passenger Services) Regulations 2019

197.Things done for 2019 regulations continue for these regulations

(1)Without limiting the Interpretation Act 1984 section 36, any of the following done under or for the purposes of a provision of the 2019 regulations continues and is taken to be done under or for the purposes of the corresponding provision of these regulations —

(a)the approval of a form;

(b)the approval of a manner for doing a thing;

(c)the making of an application or payment;

(d)the granting of an authorisation;

(e)the giving of a notice or direction;

(f)the giving of a criminal record check;

(g)the appointment, nomination, authorisation or approval of a person.

(2)For the purposes of subregulation (1), a provision of the 2019 regulations corresponds with a provision of these regulations if the provisions are substantially similar, whether or not there are differences.

(3)Subregulation (1) applies subject to any revocation, withdrawal, or other thing done, under these regulations.

198.Review of decisions under 2019 regulations

(1)In this regulation —

2019 regulations reviewable decision means a decision made under the 2019 regulations that, immediately before 1 July 2020, was prescribed in regulation 68 of the 2019 regulations for the purposes of paragraph (i) of the definition of reviewable decision in section 262 of the Act.

(2)For the purposes of paragraph (i) of the definition of reviewable decision in section 262 of the Act, a 2019 regulations reviewable decision is prescribed.

199.Provisions relating to disqualification periods under 2019 regulations

(1)In this regulation —

relevant offence means a disqualification offence prescribed for the purposes of Part 3 of the Act referred to in Schedule 2 clause 1 Table item 12 or 14, being an offence for which the disqualification period that applied under the 2019 regulations was permanent.

(2)The disqualification period that applies to a relevant offence is the period of 10 years prescribed by Schedule 2 clause 1 Table item 12 or 14, as the case requires —

(a)whether the conviction for the relevant offence occurred before or after 1 July 2020; and

(b)whether or not an on‑demand booking service authorisation was cancelled, and a period of disqualification commenced, under section 43 and 44 of the Act as a result of a person being convicted before 1 July 2020 of the relevant offence.

200.Provisions relating to association arrangements

(1)Subject to subregulations (2) and (3), regulations 5, 59 and 180(1)(b) apply to an association arrangement whether it was entered into before or after 1 July 2020.

(2)Regulation 5(e) does not apply to an association arrangement entered into before 1 July 2020.

(3)If an association arrangement ceased to have effect before 1 July 2020 —

(a)a former party to the arrangement is not required to comply with regulation 59 in relation to the arrangement; and

(b)a notice under regulation 180(1)(b) must not be given in relation to the arrangement.

Part 14  Transport (Road Passenger Services) Regulations 2019 repealed

201.Transport (Road Passenger Services) Regulations 2019 repealed

The Transport (Road Passenger Services) Regulations 2019 are repealed.

Part 15  Transport Regulations Amendment (Road Passenger Services) Regulations (No. 2) 2019 amended

202.Regulations amended

This Part amends the Transport Regulations Amendment (Road Passenger Services) Regulations (No. 2) 2019.

203.Regulation 2 amended

Delete regulation 2(c).

204.Part 5 Division 4 deleted

Delete Part 5 Division 4.

 

Schedule 1 — Fees

[r. 177]

Division 1 — Fees: general

Table

 

Description of fee

Fee

1.

Application fee for on‑demand booking service authorisation (s. 29(4)(f) of the Act)

$113.00

2.

Fee for nomination of additional or replacement person to represent provider of authorised on‑demand booking service (r. 50(5)(a))

$23.00

3.

Application fee for variation of conditions of on‑demand booking service authorisation (s. 34(2)(c) of the Act)

$14.00

4.

Application fee for regular passenger transport service authorisation (s. 59(3)(e) of the Act)

$115.00

5.

Application fee for renewal of regular passenger transport service authorisation (r. 69(2)(c))

$115.00

6.

Application fee for variation of regular passenger transport service authorisation (s. 67(2)(c) of the Act)

$154.00

7.

Application fee for variation of approved route or area (s. 69(2)(c) of the Act)

$154.00

8.

Application fee for transfer of regular passenger transport service authorisation (s. 75(4)(d) of the Act)

$77.00

9.

Application fee for passenger transport driver authorisation (s. 95(3)(c) of the Act)

$28.00

10.

Application fee for variation of conditions of passenger transport driver authorisation (s. 99(2)(c) of the Act)

$14.00

11.

Application fee for passenger transport vehicle authorisation (s. 124(3)(d) of the Act)

$15.00

12.

Application fee for variation of conditions of passenger transport vehicle authorisation (s. 130(2)(c) of the Act)

$20.00

13.

Application fee for category of service change for passenger transport vehicle authorisation (s. 132(2)(c) of the Act)

$36.00

14.

Fee for provision of unpublished de‑identified data on request (s. 151(3) of the Act)

$139.00 for each hour, or part of an hour, that a person spends extracting and providing data in response to request

15.

Fee for providing copy of authorisation document for passenger transport authorisation

$12.00

16.

Fee for handling the following transactions in person or over the phone in relation to passenger transport authorisations —

(a)changes to existing records (except changes of address)

(b)late renewal of annual authorisations

(c)manual search of records

$20.00

Division 2 — Authorisation fees for on‑demand booking service authorisations

Table

Number of vehicles to be covered by the authorisation

Fee

1

$250

2 to 5

$470

6 to 15

$1 380

16 to 30

$2 750

31 to 50

$4 500

51 to 90

$7 400

91 to 150

$12 300

151 to 250

$20 000

251 to 500

$33 000

More than 500

$65 000

Division 3 — Authorisation fee for passenger transport driver authorisation

The authorisation fee for a passenger transport driver authorisation is $88.

Division 4 — Authorisation fees for passenger transport vehicle authorisations

Table

Duration of the authorisation

Fee

1 month

$21

3 months

$40

6 months

$67

12 months

$113

Another period specified under regulation 99

A pro rata amount based on the fee for a 12 month authorisation

 

Schedule 2  Disqualification offences and disqualification periods: on‑demand booking services

[r. 52]

1.Disqualification offences and disqualification periods: on‑demand booking services

(1)Each offence described in column 1 of the Table is prescribed for the purposes of Part 3 of the Act as a disqualification offence for providers of on‑demand booking services, responsible officers of providers of on‑demand booking services and close associates of providers of on‑demand booking services.

(2)If particular circumstances are set out opposite a disqualification offence in column 2 of the Table, the offence is a disqualification offence for the purposes of Part 3 of the Act only in those circumstances.

(3)The disqualification period that applies to a disqualification offence is the period set out opposite that offence in column 3 of the Table.

(4)A reference in column 1 of the Table to a penalty of imprisonment for which an offender is liable is a reference to the maximum penalty of imprisonment that could be imposed on an individual convicted of the offence (or, in the case of a summary conviction, to the maximum penalty of imprisonment that could be imposed on an individual on summary conviction) regardless of the penalty actually imposed and whether a fine could also, or alternatively, be imposed.

(5)A reference in column 2 of the Table to a 2nd or subsequent conviction is a reference to a conviction for the disqualification offence referred to in column 1 of the Table that occurs within 20 years after a prior conviction for that offence.

Note for this subclause:

Under the Spent Convictions Act 1988, a reference in a written law to a conviction of a person for an offence does not include a reference to a spent conviction.

Table

Item

Column 1

Disqualification offence

Column 2

Circumstances

Column 3

Disqualification period

Transport (Road Passenger Services) Act 2018

1.

Offence under s. 21(1) of the Act

 

Permanent

2.

Offence under s. 22(1) of the Act

 

5 years

3.

Offence under s. 23 of the Act

2nd or subsequent conviction only

5 years

Children and Community Services Act 2004

4.

Offence under the Children and Community Services Act 2004 section 192(1) or (2)

 

Permanent

Classification (Publications, Films and Computer Games) Enforcement Act 1996

5.

Offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 section 60(1), (2), (3) or (4) (before the repeal of section 60 on 28 August 2010) or section 101(1)

 

Permanent

The Criminal Code

6.

Offence under The Criminal Code Chapter IX, XI, XVI, XXII, XXV, XXVIA, XXVIII to XXXIIIB, s. 343, Chapter XXXVI to XLI, XLIVA, XLVI, XLIX, LI, LIII or LV if an offender is liable to a penalty of imprisonment for more than 3 years

 

Permanent

7.

Offence under The Criminal Code Chapter IX, XI, XVI, XXII, XXVA, XXVIA, XXVIII to XXXIIIB, XXXVI to XLI, XLIVA, XLVI or XLIX to LIII if an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years

 

5 years

8.

Offence under The Criminal Code Chapter IX, XI, XVI, XXII, XXIX, XXX, XXXIII to XXXIIIB, XXXVII, XLIVA, XLIX, L or LIII if the offender is liable to a penalty of imprisonment for no more than 18 months

 

12 months

9.

Offence under The Criminal Code s. 552, 553, 555A, 556, 558, 560, 562, 563A or 563B if an offender is liable to a penalty of imprisonment for more than 3 years

Only if the offence relates to an offence referred to in item 6, 7 or 8 of this Table

Permanent

10.

Offence under The Criminal Code s. 552, 553, 555A, 556, 558, 560 or 562 if an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years

Only if the offence relates to an offence referred to in item 6, 7 or 8 of this Table

5 years

11.

Offence under The Criminal Code s. 552, 553, 555A, 556, 558, 560 or 562 if an offender is liable to a penalty of imprisonment for no more than 18 months

Only if the offence relates to an offence referred to in item 6, 7 or 8 of this Table

12 months

Firearms Act 1973

12.

Offence under the Firearms Act 1973 if an offender is liable to a penalty of imprisonment for more than 2 years

 

10 years

13.

Offence under the Firearms Act 1973 if an offender is liable to a penalty of imprisonment for at least 12 months but no more than 2 years

 

12 months

Misuse of Drugs Act 1981

14.

Indictable offence under the Misuse of Drugs Act 1981

 

10 years

15.

Simple offence under the Misuse of Drugs Act 1981

 

12 months

Occupational Safety and Health Act 1984

16.

Offence under the Occupational Safety and Health Act 1984 s. 19A(1), 21A(1), 21C(1), 22A(1), 23AA(1), 23B(1) or 23H(1)

 

Permanent

17.

Offence under the Occupational Safety and Health Act 1984 s. 19A(2), 21A(2), 21C(2), 22A(2), 23AA(2), 23B(2) or 23H(2)

 

5 years

18.

Offence under the Occupational Safety and Health Act 1984 s. 19A(3), 21A(3), 21C(3), 22A(3), 23AA(3), 23B(3) or 23H(3)

2nd or subsequent conviction only

12 months

Prostitution Act 2000

19.

Offence under the Prostitution Act 2000 s. 16(1) or (2), 17(1) or 18(1)

 

Permanent

Weapons Act 1999

20.

Offence under the Weapons Act 1999 s. 6(1), 7(1) or (2), 8A(2) or (3) or 8(1)

 

12 months

Laws of Commonwealth, other States or Territories

21.

Offence under a law of the Commonwealth, another State or a Territory that is constituted by conduct that is substantially the same as the conduct constituting an offence described in items 1 to 20 (the local offence)

 

The disqualification period prescribed for the local offence

 

Schedule 3  Disqualification offences and disqualification periods: passenger transport drivers

[r. 88]

1.Disqualification offences and disqualification periods: passenger transport drivers

(1)Each offence described in column 1 of the Table is prescribed for the purposes of Part 5 of the Act as a disqualification offence.

(2)If particular circumstances are set out opposite a disqualification offence in column 2 of the Table, the offence is a disqualification offence for the purposes of Part 5 of the Act only in those circumstances.

(3)The disqualification period that applies to a disqualification offence is the period set out opposite that offence in column 3 of the Table.

(4)A reference in column 1 of the Table to a penalty of imprisonment for which an offender is liable is a reference to the maximum penalty of imprisonment that could be imposed on an individual convicted of the offence (or, in the case of a summary conviction, to the maximum penalty of imprisonment that could be imposed on an individual on summary conviction) regardless of the penalty actually imposed and whether a fine could also, or alternatively, be imposed.

(5)A reference in column 2 of the Table —

(a)to a 2nd or subsequent conviction is a reference to a conviction for the disqualification offence referred to in column 1 of the Table that occurs within 20 years after a prior conviction for that offence; and

(b)to a prior conviction for an offence is a reference to a conviction for that offence that occurred no earlier than 20 years before the conviction for the disqualification offence referred to in column 1 of the table.

Note for this subclause:

Under the Spent Convictions Act 1988, a reference in a written law to a conviction of a person for an offence does not include a reference to a spent conviction.

Table

Item

Column 1

Disqualification offence

Column 2

Circumstances

Column 3

Disqualification period

Transport (Road Passenger Services) Act 2018

1.

Offence under s. 21(1) of the Act

 

Permanent

2.

Offence under s. 22(1) of the Act

 

5 years

3.

Offence under s. 23 of the Act

2nd or subsequent conviction only

5 years

4.

Offence under s. 90(1) of the Act

2nd or subsequent conviction only

12 months

5.

Offence under s. 91(1) of the Act

2nd or subsequent conviction only

12 months

Children and Community Services Act 2004

6.

Offence under the Children and Community Services Act 2004 section 192(1) or (2)

 

Permanent

Classification (Publications, Films and Computer Games) Enforcement Act 1996

7.

Offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 section 60(1), (2), (3) or (4) (before the repeal of section 60 on 28 August 2010) or section 101(1)

 

Permanent

The Criminal Code

8.

Offence under The Criminal Code Chapter XXXI

 

Permanent

9.

Offence under The Criminal Code Chapter IX, XI, XVI, XXII, XXV, XXVIA, XXVIII to XXX, XXXIII to XXXIIIB, s. 343, Chapter XXXVI to XLI, XLIVA, XLVI, XLIX, LI, LIII or LV if an offender is liable to a penalty of imprisonment for more than 3 years

 

Permanent

10.

Offence under The Criminal Code Chapter IX, XI, XVI, XXII, XXVA, XXVIA, XXVIII to XXX, XXXIII to XXXIIIB, XXXVI to XLI, XLIVA, XLVI or XLIX to LIII if an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years

 

5 years

11.

Offence under The Criminal Code Chapter IX, XI, XVI, XXII, XXIX, XXX, XXXIII to XXXIIIB, XXXVII, XLIVA, XLIX, L or LIII if the offender is liable to a penalty of imprisonment for no more than 18 months

 

12 months

12.

Offence under The Criminal Code s. 552, 553, 555A, 556, 558, 560, 562, 563A or 563B if an offender is liable to a penalty of imprisonment for more than 3 years

Only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of this Table

Permanent

13.

Offence under The Criminal Code s. 552, 553, 555A, 556, 558, 560 or 562 if an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years

Only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of this Table

5 years

14.

Offence under The Criminal Code s. 552, 553, 555A, 556, 558, 560 or 562 if an offender is liable to a penalty of imprisonment for no more than 18 months

Only if the offence relates to an offence referred to in item 8, 9, 10 or 11 of this Table

12 months

Firearms Act 1973

15.

Offence under the Firearms Act 1973 if an offender is liable to a penalty of imprisonment for more than 2 years

 

10 years

16.

Offence under the Firearms Act 1973 if an offender is liable to a penalty of imprisonment for at least 12 months but no more than 2 years

 

12 months

Misuse of Drugs Act 1981

17.

Indictable offence under the Misuse of Drugs Act 1981

 

10 years

18.

Simple offence under the Misuse of Drugs Act 1981

 

12 months

Prostitution Act 2000

19.

Offence under the Prostitution Act 2000 s. 16(1) or (2), 17(1) or 18(1)

 

Permanent

Road Traffic Act 1974

20.

Offence under the Road Traffic Act 1974 section 59(1)

 

Permanent

21.

Offence under the Road Traffic Act 1974 section 59A(1)

1st conviction only

10 years

22.

Offence under the Road Traffic Act 1974 section 59A(1)

2nd or subsequent conviction only

Permanent

23.

Offence under the Road Traffic Act 1974 section 59A(1)

Only if the offender has a prior conviction under the Road Traffic Act 1974 section 59(1)

Permanent

24.

Offence under the Road Traffic Act 1974 section 59BA(1)

1st conviction only

5 years

25.

Offence under the Road Traffic Act 1974 section 59BA(1)

2nd or subsequent conviction only

10 years

26.

Offence under the Road Traffic Act 1974 section 60(1A)

1st conviction only

12 months

27.

Offence under the Road Traffic Act 1974 section 60(1A)

2nd or subsequent conviction only

5 years

28.

Offence under the Road Traffic Act 1974 section 60(1A)

Only if the offender has a prior conviction under the Road Traffic Act 1974 section 60A(1) or (2)

5 years

29.

Offence under the Road Traffic Act 1974 section 60A(1) or (2)

1st conviction only

12 months

30.

Offence under the Road Traffic Act 1974 section 60A(1) or (2)

2nd or subsequent conviction only

5 years

31.

Offence under the Road Traffic Act 1974 section 60A(1) or (2)

Only if the offender has a prior conviction under the Road Traffic Act 1974 section 60(1A)

5 years

32.

Offence under the Road Traffic Act 1974 section 61(1)

1st conviction

12 months

33.

Offence under the Road Traffic Act 1974 section 61(1)

2nd or subsequent conviction only

5 years

34.

Offence under the Road Traffic Act 1974 section 61(1)

Only if the offender has a prior conviction under the Road Traffic Act 1974 section 59(1), 59A(1), 60(1A) or 60A(1) or (2)

5 years

Weapons Act 1999

35.

Offence under the Weapons Act 1999 s. 6(1), 7(1) or (2), 8A(2) or (3) or 8(1)

 

12 months

Laws of Commonwealth, other States or Territories

36.

Offence under a law of the Commonwealth, another State or a Territory that is constituted by conduct that is substantially the same as the conduct constituting an offence described in items 1 to 35 (the local offence)

 

The disqualification period prescribed for the local offence

 

Schedule 4  Fares: metropolitan region

[r. 116]

Metered rates (maximums)

Tariff

Flagfall

Distance rate

Detention

Tariff 1

Monday to Friday 6 am to 6 pm

$4.20

$1.72/km

$49.00/hour

Tariff 2

For the following times —

Monday to Friday 6 pm to 6 am

 

 

 

Friday 6 pm to Monday 6 am

 

 

 

All day Public Holidays

$6.10

$1.72/km

$49.00/hour

Tariff 3

When carrying 5 or more passengers

$6.10

$2.56/km

$76.00/hour

Other amounts (maximums)

Call out fee

(but only if a guaranteed booking fee is not payable for the same hire)

 


$1.50

Guaranteed booking fee

$9.00

Surcharges

 

Ultra‑Peak —

From midnight Friday to 3 am Saturday or midnight Saturday to 3 am Sunday

 


$3.60

Christmas Day —

Midnight to midnight

 

$5.10

New Year’s Eve —

6 pm New Year’s Eve to 6 am New Year’s Day

 

$5.80

Schedule 5 — Fares: regions

[r. 117]

Division 1 — Gascoyne region

Metered rates (maximums)

Tariff

Flagfall

Distance rate

Detention

Tariff 1

Monday to Friday 6 am to 6 pm

 


$4.20

 


$2.31/km

 


$49.00/hour

Tariff 2

For the following times —

Monday to Friday 6 pm to 6 am

 

 

 

Friday 6 pm to Monday 6 am




All day Public Holidays


$6.10


$2.31/km


$49.00/hour

Tariff 3

When carrying 5 or more passengers

 


$6.10

 


$3.41/km

 


$76.00/hour

Other amounts (maximums)

Call out fee

$1.50

Surcharges

 

Ultra‑Peak —

From midnight Friday to 5 am Saturday or midnight Saturday to 5 am Sunday

 


$2.65

Christmas Day —

Midnight to midnight

 

$5.10

New Year’s Eve —

6 pm New Year’s Eve to 6 am New Year’s Day

 

$5.70

Division 2 — Goldfields‑Esperance region

Metered rates (maximums)

Tariff

Flagfall

Distance rate

Detention

Tariff 1

Monday to Friday 6 am to 6 pm

 


$4.20

 


$1.80/km

 


$49.00/hour

Tariff 2

For the following times —

Monday to Friday 6 pm to 6 am

 


 


 


Friday 6 pm to Monday 6 am




All day Public Holidays


$6.10


$1.80/km


$49.00/hour

Tariff 3

When carrying 5 or more passengers

 


$6.10

 


$2.56/km

 


$76.00/hour

Other amounts (maximums)

Call out fee

$1.50

Surcharges

 

Ultra‑Peak —

From midnight Friday to 5 am Saturday or midnight Saturday to 5 am Sunday

 


$2.65

Christmas Day —

Midnight to midnight

 

$5.10

New Year’s Eve —

6 pm New Year’s Eve to 6 am New Year’s Day

 

$5.70

Division 3 — Great Southern region

Metered rates (maximums)

Tariff

Flagfall

Distance rate

Detention

Tariff 1

Monday to Friday 6 am to 6 pm

 


$4.20

 


$1.75/km

 


$49.00/hour

Tariff 2

For the following times —

Monday to Friday 6 pm to 6 am

 


 


 


Friday 6 pm to Monday 6 am




All day Public Holidays


$6.10


$1.75/km


$49.00/hour

Tariff 3

When carrying 5 or more passengers

 


$6.10

 


$2.60/km

 


$76.00/hour

Other amounts (maximums)

Call out fee

$1.50

Surcharges

 

Ultra‑Peak —

From midnight Friday to 5 am Saturday or midnight Saturday to 5 am Sunday

 


$2.65

Christmas Day —

Midnight to midnight

 

$5.10

New Year’s Eve —

6 pm New Year’s Eve to 6 am New Year’s Day

 

$5.70

Division 4 — Kimberley region

Metered rates (maximums)

Tariff

Flagfall

Distance rate

Detention

Tariff 1

Monday to Friday 6 am to 6 pm

 


$4.20

 


$2.27/km

 


$49.00/hour

Tariff 2

For the following times —

Monday to Friday 6 pm to 6 am

 


 


 


Friday 6 pm to Monday 6 am

 

 

 

All day Public Holidays


$6.10


$2.27/km


$49.00/hour

Tariff 3

When carrying 5 or more passengers

 


$6.10

 


$3.35/km

 


$76.00/hour

Other amounts (maximums)

Call out fee