1Short title
This is the Transport (Road Passenger Services) Act 2018.
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Bill homepageThis is the Transport (Road Passenger Services) Act 2018.
This Act comes into operation as follows —
Part 1 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
The objects of this Act are —
to provide for a safe, flexible, responsible, innovative and customer‑focused road passenger transport industry; and
to enable the development and operation of innovative and accessible road passenger transport services that contribute to the mobility and safety of the people of Western Australia; and
to provide for an on‑demand passenger transport levy; and
to provide for a buyback scheme for owners of taxi plates issued under the Taxi Act 1994, and for COVID‑19 relief payments and regional assistance payments, which may be funded by the levy; and
to provide for adjustment assistance grants for certain country taxi‑car licensees operating in the Mandurah and Murray local government districts.
[Section 3 amended: No. 10 of 2020 s. 4.]
In this Act, unless the contrary intention appears —
approved means approved in writing by the CEO;
approved medical report means a report complying with the requirements of the regulations for a medical report;
associated booking service, in relation to an authorised on‑demand booking service (the principal booking service), means another on‑demand booking service the provider of which has an association arrangement with the provider of the principal booking service in accordance with section 27;
association arrangement means an arrangement between providers of booking services that meets the prescribed requirements;
authorised officer has the meaning given in section 166;
authorised on‑demand booking service means an on‑demand booking service the provider of which is authorised under Part 3 to provide the service;
authorised regular passenger transport service means a regular passenger transport service the provider of which is authorised under Part 4 to provide the service;
business of providing a prescribed passenger transport service —
includes a business of a kind that the regulations provide is a business of providing a prescribed passenger transport service; and
does not include a business of a kind that the regulations provide is not a business of providing a prescribed passenger transport service;
category of passenger transport service means a category of passenger transport service listed in section 125;
CEO means the chief executive officer of the Department;
close associate has the meaning given in section 12;
Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
community transport service has the meaning given in section 8;
controlled operations officer means a person authorised under section 215;
conviction includes a finding of guilty, or the acceptance of a guilty plea, whether or not a conviction is recorded;
courtesy transport service has the meaning given in section 9;
criminal record check means a document issued by the Police Force of Western Australia, the Australian Federal Police or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, the convictions of an individual for offences under a law of this State, the Commonwealth, another State or a Territory;
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
driver authorisation document means a driver authorisation document issued under section 102;
driver’s licence has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);
driving authorisation means —
a driver’s licence; or
a licence or other authorisation under a law of another State or a Territory authorising the person to drive a vehicle on a road other than solely for the purpose of learning to drive a vehicle;
hire or reward has the meaning given in section 11;
infringement notice means a notice issued to a person under a written law —
alleging the commission of an offence; and
offering the person an opportunity, by paying an amount of money prescribed under the written law and specified in the notice, to have that matter dealt with out of court;
interstate driver authorisation means an authorisation issued under a law of another State or a Territory that —
authorises a person to drive a vehicle to transport passengers for hire or reward; and
meets the prescribed criteria;
interstate vehicle authorisation means an authorisation issued under a law of another State or a Territory that —
authorises a vehicle to transport passengers for hire or reward; and
meets the prescribed criteria;
learner’s permit has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);
levy means the on‑demand passenger transport levy referred to in section 245;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
officer, in relation to a provider of an on‑demand booking service, a passenger transport service or a passenger transport vehicle —
in relation to a body corporate, has the same meaning as officer has in relation to a corporation under the Corporations Act 2001 (Commonwealth) section 9; and
in relation to any other provider, means an individual who has the capacity to make decisions in relation to the operations of the on‑demand booking service or passenger transport service or the provision of passenger transport vehicles;
on‑demand booking service has the meaning given in section 10;
on‑demand booking service authorisation means an authorisation under Part 3 to provide an on‑demand booking service;
on‑demand charter passenger transport service means an on‑demand passenger transport service that does not include a rank or hail service;
on‑demand driver means a person who drives an on‑demand vehicle for use in providing an on‑demand passenger transport service;
on‑demand passenger transport service has the meaning given in section 5;
on‑demand rank or hail passenger transport service means an on‑demand passenger transport service that includes a rank or hail service;
on‑demand vehicle means a vehicle used or intended to be used in providing an on‑demand passenger transport service;
passenger includes a person acting in the capacity of controlled operations officer but does not include a person carrying out work or on duty in any of the following capacities —
a person employed in relation to the provision of a passenger transport service;
a person carrying out work for the provider of a passenger transport service;
an authorised officer;
passenger transport authorisation means —
an on‑demand booking service authorisation; or
a regular passenger transport service authorisation; or
a passenger transport driver authorisation; or
a passenger transport vehicle authorisation;
passenger transport driver means a person who drives a vehicle for the purpose of transporting passengers for hire or reward;
passenger transport driver authorisation means a passenger transport driver authorisation under Part 5;
passenger transport service means —
an on‑demand passenger transport service; or
a regular passenger transport service; or
a tourism passenger transport service; or
a prescribed passenger transport service;
passenger transport vehicle means a vehicle used or intended to be used in providing a passenger transport service;
passenger transport vehicle authorisation means a passenger transport vehicle authorisation under Part 6;
prescribed means prescribed by the regulations;
prescribed passenger transport service means a service for the transport of passengers by vehicle for hire or reward that is prescribed;
provide a prescribed passenger transport service means carry on the business of providing a prescribed passenger transport service;
provide a regular passenger transport service has the meaning given in section 6(2);
provide a tourism passenger transport service has the meaning given in section 7(2);
provide an on‑demand booking service has the meaning given in section 10(2);
provide an on‑demand passenger transport service has the meaning given in section 5(2);
provider of an on‑demand booking service means a person who provides an on‑demand booking service;
provider of an on‑demand vehicle means a person who carries on the business of providing one or more vehicles for use in providing an on‑demand passenger transport service but does not include a person in a prescribed class of person;
provider of a passenger transport service means a person who provides a passenger transport service;
provider of a passenger transport vehicle means a person who carries on the business of providing one or more vehicles for use in providing a passenger transport service but does not include a person in a prescribed class of person;
provider of a regular passenger transport service means a person who provides a regular passenger transport service;
rank or hail service means an on‑demand passenger transport service under which a person can hail or hire an on‑demand vehicle while it is standing or plying or touting for hire on a road or in another place accessible to the public;
regular passenger transport service has the meaning given in section 6;
regular passenger transport service authorisation means an authorisation under Part 4 to provide a regular passenger transport service;
responsible officer, in relation to the provider of an authorised on‑demand booking service, means a person —
who is nominated under section 29(4)(c) or the regulations to represent the provider in providing the on‑demand booking service; and
who meets the criteria set out in section 30;
safety duty has the meaning given in section 14(1);
safety standard has the meaning given in section 14(2);
taking a booking includes the hiring of a vehicle as a result of a rank or hail service;
tourism passenger transport service has the meaning given in section 7;
traffic record check means a document issued by the Police Force of Western Australia or another body or agency approved by the CEO that sets out or summarises in a manner acceptable to the CEO either or both of the following —
the convictions of an individual for driving‑related offences under a law of this State, another State or a Territory; or
the infringement notices issued to an individual for alleged driving‑related offences under a law of this State, another State or a Territory;
vehicle means a motor vehicle as defined in the Road Traffic (Administration) Act 2008 section 4;
vehicle licence means a vehicle licence granted under the Road Traffic (Vehicles) Act 2012.
In this Act, a reference to a passenger or a hirer of a vehicle includes a reference to a prospective passenger or prospective hirer of the vehicle.
In this Act, a person is not to be taken to provide a passenger transport service solely because the person —
drives a vehicle for use in providing that service; or
operates a vehicle for use in providing that service; or
provides a vehicle for use in providing that service.
On and after the day on which section 303 comes into operation, a reference in this Act to the Taxi Act 1994 is a reference to that Act as in force immediately before that day.
In this Act, an on‑demand passenger transport service is —
a service —
for the transport of passengers by vehicle within, or partly within, the State for hire or reward; and
in which the passenger or hirer determines or substantially determines the locations for the beginning and end of the journey and the time of travel;
or
a service or other thing that the regulations provide is an on‑demand passenger transport service.
In this Act, provide an on‑demand passenger transport service means carry on the business of providing an on‑demand passenger transport service.
The following are not on‑demand passenger transport services —
a courtesy transport service;
a community transport service;
a service or other thing that the regulations provide is not an on‑demand passenger transport service.
In this Act, a business of providing an on‑demand passenger transport service —
includes a business of a kind that the regulations provide is a business of providing an on‑demand passenger transport service; and
does not include a business of a kind that the regulations provide is not a business of providing an on‑demand passenger transport service.
In this Act, a regular passenger transport service is —
a service —
for the transport of passengers by vehicle within, or partly within, the State for hire or reward; and
that is conducted according to regular routes and timetables or according to regular routes and at regular intervals;
or
a service or other thing that the regulations provide is a regular passenger transport service.
In this Act, provide a regular passenger transport service means carry on the business of providing a regular passenger transport service.
The following are not regular passenger transport services —
an on‑demand passenger transport service;
a tourism passenger transport service;
a courtesy transport service;
a community transport service;
a service or other thing that the regulations provide is not a regular passenger transport service.
In this Act, a business of providing a regular passenger transport service —
includes a business of a kind that the regulations provide is a business of providing a regular passenger transport service; and
does not include a business of a kind that the regulations provide is not a business of providing a regular passenger transport service.
In this Act, a tourism passenger transport service is —
a service —
for the transport of passengers by vehicle within, or partly within, the State for hire or reward for the purposes of tourism; and
that is designed for the carriage of tourists to destinations listed on a publicly available tour itinerary;
or
a service or other thing that the regulations provide is a tourism passenger transport service.
In this Act, provide a tourism passenger transport service means carry on the business of providing a tourism passenger transport service.
The following are not tourism passenger transport services —
an on‑demand passenger transport service;
a courtesy transport service;
a community transport service;
a service or other thing that the regulations provide is not a tourism passenger transport service.
In this Act, a business of providing a tourism passenger transport service —
includes a business of a kind that the regulations provide is a business of providing a tourism passenger transport service; and
does not include a business of a kind that the regulations provide is not a business of providing a tourism passenger transport service.
In this Act, a community transport service is a community‑based passenger transport service —
that is designed —
to benefit individuals or groups within a local community who are in need of some form of assistance; or
to assist individuals or groups within a local community to participate to a greater degree in the life of the community (including the wider community); or
to achieve some other form of community, charitable, educational, benevolent, religious, recreational, sporting or philanthropic purpose at the local level;
and
that is not established, or is not principally established, with a view to profit or commercial gain.
In this Act, a community transport service —
includes —
a service or other thing that the regulations provide is a community transport service; and
a service declared under subsection (3);
and
does not include a service or other thing that the regulations provide is not a community transport service.
The CEO may declare by notice published in the Gazette that a specified service is a community transport service.
In this Act, a courtesy transport service is a passenger transport service that —
is provided in connection with a service (the primary service) that is not the provision of passenger transport by vehicle; and
is not established, or is not principally established, with a view to profit or commercial gain; and
is provided as a courtesy to the customers or patrons of the primary service.
In this Act, a courtesy transport service —
includes —
a service or other thing that the regulations provide is a courtesy transport service; and
a service declared under subsection (3);
and
does not include a service or other thing that the regulations provide is not a courtesy transport service.
The CEO may declare by notice published in the Gazette that a specified service is a courtesy transport service.
In this Act, an on‑demand booking service is —
a service that involves —
taking or facilitating bookings for on‑demand vehicles to be used in providing on‑demand passenger transport services (whether immediately or at a later time); and
communicating the bookings to on‑demand drivers or to providers of on‑demand passenger transport services;
or
a service that involves taking or facilitating bookings for on‑demand vehicles to be used in providing on‑demand passenger transport services (whether immediately or at a later time), where the person who takes or facilitates the bookings is the on‑demand driver or the provider of the on‑demand vehicle; or
a service that facilitates the provision of on‑demand passenger transport services including by providing any of the following services —
communication services for on‑demand drivers and on‑demand vehicles;
controlling, co‑ordination or administrative or other services for on‑demand passenger transport services;
safety management systems or regulatory compliance services for on‑demand passenger transport services, on‑demand drivers and other on‑demand booking services;
or
a service or other thing that the regulations provide is an on‑demand booking service.
In this Act, provide an on‑demand booking service means carry on the business of providing an on‑demand booking service.
In this Act, an on‑demand booking service does not include a service or other thing that the regulations provide is not an on‑demand booking service.
In this Act, a business of providing an on‑demand booking service —
includes a business of a kind that the regulations provide is a business of providing an on‑demand booking service; and
does not include a business of a kind that the regulations provide is not a business of providing an on‑demand booking service.
For the purpose of determining whether a person provides an on‑demand booking service it does not matter —
that a booking is obtained or communicated remotely by means of an electronic device or other means not directly provided by the person who provides the on‑demand booking service; or
that the provider of the on‑demand booking service is located outside the State if the on‑demand passenger transport service is provided wholly, or partly, within the State.
In this Act, a person will be considered to be providing a service for the transport of passengers by vehicle for hire or reward, or to be driving a vehicle for the purpose of transporting passengers for hire or reward —
if —
the amount received or intended to be received for transporting the passengers exceeds, or is intended to exceed, the prescribed amount; or
the transport is provided or intended to be provided gratuitously, but with a view to gaining or maintaining custom or other commercial advantage;
or
in the prescribed circumstances.
In this Act, the circumstances in which a person will be considered to be providing a service for the transport of passengers by vehicle for hire or reward, or to be driving a vehicle for the purpose of transporting passengers for hire or reward, include using the vehicle for standing or plying or touting for hire for that purpose.
In this Act, a person will not be considered to be driving a vehicle for the purpose of transporting passengers for hire or reward if —
the person is driving the vehicle in the course of the person’s general employment; and
carrying passengers in that vehicle is an incidental part of the person’s other employment duties.
In this Act, a person will not be considered to be providing a service for the transport of passengers by vehicle for hire or reward or to be driving a vehicle for the purpose of transporting passengers for hire or reward —
if the passengers are transported under a vehicle pooling arrangement; or
in the prescribed circumstances.
In this Act, passengers are transported under a vehicle pooling arrangement if —
the vehicle is provided by the driver; and
the driver would be undertaking the relevant journey in any event; and
the transporting of the passengers is not the result of plying or touting for hire by the driver or another person; and
the maximum number of persons in the vehicle, including the driver, is 9; and
a payment by a passenger is limited to making a contribution to the costs incurred in making the journey and does not involve profit for the driver or any other person.
Nothing in subsection (1) or (2) limits the circumstances in which a person will be considered to be —
providing a service for the transport of passengers by vehicle for hire or reward; or
driving a vehicle for the purpose of transporting passengers for hire or reward.
In this section —
relevant financial interest, in relation to an on‑demand booking service, means —
any share in the capital of the on‑demand booking service; or
any entitlement to receive any income derived from the on‑demand booking service, or to receive any other financial benefit or financial advantage from the provision of the on‑demand booking service, whether the entitlement arises at law or in equity or otherwise; or
any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on or from which the on‑demand booking service is or is to be provided (for example, an entitlement of the owner of the premises from which the on‑demand booking service is provided to receive rent as lessor of the premises);
relevant position means —
the position of director, manager or corporate secretary; or
any other position, however designated, if it is an executive position;
relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others —
to participate in any directorial, managerial or executive decision; or
to elect or appoint any person to a relevant position.
In this Act, a person is a close associate of an applicant for authorisation to provide an on‑demand booking service or the authorised provider of an on‑demand booking service if the person —
holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person’s own right or on behalf of any other person), in relation to the on‑demand booking service, and by virtue of that interest or power is or will be able (in the opinion of the CEO) to exercise a significant influence over or in relation to the management or operation of the on‑demand booking service; or
holds or will hold any relevant position, whether in the person’s own right or on behalf of any other person, in the on‑demand booking service; or
is or will be engaged as a contractor under a contract of service or employed in the on‑demand booking service.
For the purposes of this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to the on‑demand booking service.
This section extends to relevant financial interests and relevant powers even if those interests and powers are not payable, exercisable or otherwise enforceable as a matter of law and equity but are payable, exercisable or otherwise enforceable as a matter of fact.
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