Passenger Transport Services Act 2011

In this section, a reference to an accredited operator does not include a reference to an affiliated operator.

It is a safety duty of an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service – to ensure, so far as is reasonably practicable, the safety of the drivers of vehicles while the drivers are providing the on-demand passenger transport service; and to ensure, so far as is reasonably practicable, the safety of other road users while vehicles are being used for the purposes of the on-demand passenger transport service; and to ensure, so far as is reasonably practicable, the safety of passengers of vehicles while the vehicles are being used to provide the on-demand passenger transport service.

Without limiting subsection (2), an accredited operator of an on-demand passenger transport service, and a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, must – eliminate risks to safety, so far as is reasonably practicable; and if it is not reasonably practicable to eliminate risks to safety, minimise those risks so far as is reasonably practicable.

It is a safety duty of a person who is an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, to ensure that the person’s conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to the on-demand passenger transport service, with a safety duty imposed on that other person.

It is a safety duty of an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, to ensure that – the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; and any safety, security and related standards approved by the Commission under section 16 – are complied with by the accredited operator or relevant responsible person, respectively, and to ensure, to the relevant extent, that each other person involved in the provision of the on-demand passenger transport service complies with such provisions or standards.

For the purposes of subsection (5), the relevant extent to which an accredited operator or relevant responsible person is to ensure that each other person involved in the provision of the on-demand passenger transport service complies with such provisions or standards is the extent to which the accredited operator or relevant responsible person is able to control or influence compliance with those provisions or standards by the other person.