Duties of operators, relevant persons and licence holders
17 Duties of operators, relevant persons and licence holders
It is the duty of an accredited operator and relevant person in relation to a passenger transport service to ensure that the safety of a driver of, or passenger on, a vehicle providing the passenger transport service is not, by any act or omission of the accredited operator or relevant person, placed at unreasonable risk.
For the purposes of subregulation (1), a person is taken not to have placed another person's safety at unreasonable risk if the person commits an act, or makes an omission, for the purpose of ensuring that a passenger transport service is provided in accordance with the laws of the State or the conditions of an accreditation.
It is the duty of an accredited operator, holder of a licence and relevant person in relation to a passenger transport service to ensure that a vehicle providing the passenger transport service is not operated unless it complies with any vehicle specifications, or restrictions as to the age of the vehicle, in respect of the vehicle provided for under the Act, these regulations or any other Act or regulations.
It is the duty of an accredited operator, holder of a licence and relevant person in relation to a passenger transport service to ensure that any required equipment is fitted, displayed, installed, updated, tested and operational as required by this Act, these regulations or any other Act or regulations.
It is the duty of an accredited operator, holder of a licence and relevant person in relation to a passenger transport service to keep records and make reports as required by this Act, these regulations or any other Act or regulations.
It is the duty of an accredited operator and relevant person in relation to a passenger transport service to produce for inspection any document that is required by the Commission to be carried in the vehicle, on the request of the Commission, an authorised officer or a police officer.
It is the duty of an accredited operator, in relation to an on-demand passenger transport service, to ensure that – so far as is reasonably practicable, an on-demand driver in relation to the service is informed of, and complies with, all duties imposed upon the driver under this Division and other requirements imposed under an Act in relation to the service; and the person’s conduct does not, directly or indirectly, cause or encourage another person to fail to comply with any duty imposed upon the on-demand driver under this Division or other requirement imposed under an Act in relation to the service.
It is the duty of an accredited operator in relation to a passenger transport service that is operating under a wheelchair-accessible taxi licence to ensure that a vehicle providing the passenger transport service is used to undertake the number of hirings that involve carrying a wheelchair passenger specified in the conditions of the licence.
It is the duty of a person who is authorised under Part 3 of the Act to provide the whole, or any part, of a regular passenger service to provide that service or part service, unless the person is excused from doing so by the prior written permission of the Commission or in accordance with the laws of the State.
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