Hire or reward
11 Hire or reward
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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