COMMERCIAL PASSENGER (ROAD) TRANSPORT (RIDESHARING) REGULATIONS 2017

The regulations directly bind rideshare platform managers and rideshare drivers. Platform managers must ensure their platform only allocates trips to licensed drivers (r 5), must operate the platform to communicate passenger requests to available drivers, must provide fare estimates and vehicle driver identification before the journey (r 6), must take reasonable steps to notify drivers if platform approval is suspended, revoked or cancelled (r 7), and must not apply surge pricing during emergencies unless they can show all reasonable steps were taken to prevent it (r 8). Drivers must hold a rideshare licence, carry an identity card (r 9), supply information to the Director on request (r 10), only accept journeys through the platform (r 11), drive only an approved vehicle with a current rideshare label (r 12 13), take the shortest practicable route unless the passenger directs otherwise (r 14), not purchase intoxicating liquor for others (r 15), not tout (r 16), not display any advertising that suggests the vehicle is available for hire (r 17), and not stop in taxi ranks, minibus ranks or reserved places for private hire cars (r 18). Passengers are affected indirectly: they receive fare estimates and vehicle driver identification before the journey (r 6(b)), and have the right to specify an alternative route (r 14 proviso). The Director is affected administratively: must approve vehicles (r 19), keep a register of rideshare platforms (r 20), and can request information from drivers (r 10). Taxi and minibus operators are affected by the parking restrictions in r 18, which protect their ranks from rideshare vehicles. The ban on surge pricing during emergencies (r 8) affects pricing flexibility for both platforms and passengers, potentially reducing driver supply during high demand emergencies, as price caps historically create shortages. The restriction on accepting journeys only through the platform (r 11) prevents drivers from building independent client bases, tying them to the platform model and its commission structure.

The duties are split between platform managers and drivers, with symmetrical enforcement through penalties and licence conditions.

Platform manager duties: Under r 5, a platform manager must not allocate a rideshare journey to anyone other than a person holding a rideshare licence (penalty 60 penalty units). Under r 6, the platform must operate to communicate a prospective passenger’s request to an available driver, and must make available before the journey begins an estimate of the fare and sufficient information for the passenger to identify the vehicle and driver (penalty 60 penalty units). Under r 7, if approval for the platform is suspended, revoked or cancelled, the manager must take reasonable steps to notify each rideshare driver who intends to use the platform as soon as practicable (penalty 60 penalty units). Under r 8, surge pricing must not be applied during an emergency situation or the activation of an approved emergency plan (penalty 60 penalty units), with a defence if the manager took all reasonable steps to prevent it.

Driver duties: Under r 9, a driver must carry an identity card (or approved identification) while driving a rideshare vehicle and produce it when requested by an inspector (penalty 30 penalty units). Under r 10, the driver must give the Director full and correct information about rideshare journeys within the time specified (penalty 30 penalty units). Under r 11(1), a driver must not accept a journey for hire or reward other than through a rideshare platform (penalty 60 penalty units); and under r 11(2) this is also a licence condition, so breach can trigger licence suspension or revocation under the parent Act. Under r 12, a person must not drive a rideshare vehicle for hire or reward unless a current approval under r 19 is in effect for the vehicle (penalty 60 penalty units). Under r 13, a driver must display the current rideshare label on the passenger’s side of the front windscreen at all times when the vehicle is being used for a rideshare journey or the driver is connected to the platform (penalty 30 penalty units). Under r 14, the driver must take the shortest practicable route unless the passenger specifies another route (penalty 25 penalty units). Under r 15, the driver must not purchase intoxicating liquor for or on behalf of another person in connection with a rideshare journey (penalty 25 penalty units). Under r 16, no person may tout or solicit for passengers for a rideshare vehicle (penalty 25 penalty units). Under r 17, a driver must not allow the vehicle to display any advertising indicating it is available for hire at any time, whether or not it is being operated as a rideshare vehicle (penalty 40 penalty units); this does not apply to the rideshare label under r 13. Under r 18, a driver must not stop the rideshare vehicle in a taxi rank, minibus rank or a place reserved for private hire cars (penalty 25 penalty units).

Rights: The regulations confer few rights. A passenger has the right to receive a fare estimate and sufficient identification before the journey (r 6(b)). A driver has the right to take a route specified by the passenger even if not the shortest (r 14 proviso). A platform manager has a defence to the surge pricing prohibition if it took all reasonable steps to prevent the platform from applying such pricing (r 8(2)). The Director has the right to approve or refuse vehicle approval on safety grounds (r 19(1)) and to impose conditions (r 19(2)). The regulations do not create any private right of action for breach; enforcement is through criminal prosecution and licence conditions.

Penalties are set in penalty units. The maximum penalties for each offence are: 60 penalty units for offences under r 5 (allocation to unlicensed drivers), r 6 (platform operation breaches), r 7 (failure to notify drivers), r 8 (surge pricing during emergencies), r 11(1) (driver accepting off-platform journey), and r 12 (driving unapproved vehicle). 30 penalty units for r 9 (failure to carry produce identity card) and r 10 (failure to supply information to Director). 40 penalty units for r 17 (displaying advertising indicating availability). 25 penalty units for r 14 (not taking shortest practicable route), r 15 (purchasing intoxicating liquor), r 16 (touting), and r 18 (stopping in prohibited ranks). The penalty unit value is not set in these regulations; it is determined under the Interpretation Act, and as of 2025 in the NT one penalty unit is $162 (subject to change). So a 60 penalty unit fine can be $9,720. These are criminal penalties, meaning a conviction is recorded. The regulations do not specify whether the offences are strict liability, but the defence in r 8(2) (reasonable steps) implies that r 8 is not strict liability; other offences lack a defence, suggesting they may be strict liability subject to the general defences in the Criminal Code (NT). Enforcement is by inspectors (as defined under the parent Act). Under r 9(3)(b), an inspector can request to see the driver’s identity card. The Director can request information under r 10; non compliance attracts a penalty. The r 11(2) licence condition provides an additional enforcement avenue: a breach of the condition can lead to suspension or revocation of the rideshare licence under the parent Act, without needing to prove the criminal offence beyond reasonable doubt. The Director also decides vehicle approvals (r 19) and can impose conditions; breach of those conditions may be enforced under the parent Act’s general provisions. Court proceedings are brought in the Local Court or Magistrates Court for summary offences. The regulations do not create infringement notice schemes, so all enforcement is through prosecution.

These regulations operate under the Commercial Passenger (Road) Transport Act 1991 (the Act). The Act establishes the licensing system for special passenger vehicles, including rideshare vehicles, and gives the Director power to approve rideshare platforms under s 71. The regulations provide detail that the Act delegates. For example, s 74 of the Act requires identity cards for drivers of prescribed classes of vehicles; r 9 prescribes rideshare vehicles as that class and sets the card content and display requirements. Section 71(7A) of the Act requires the platform manager to provide information to the Director; the regulations add the requirement to provide before journey information to passengers (r 6). The Act’s penalty provisions also apply; for example, driving without a licence is dealt with under the Act. The regulations incorporate definitions from the Emergency Management Act 2013 for the surge pricing prohibition: “emergency situation” (s 18(1) of that Act) and “approved emergency plan” (s 8). The parking restriction in r 18(1)(a) uses the definition of “taxi rank” from the Commercial Passenger (Road) Transport (Taxis) Regulations 1992, and “minibus rank” includes a bus stop when a minibus is parked under s 38K(1) of the Act. The prohibition on touting (r 16) and advertising (r 17) supplement general criminal laws such as those dealing with public nuisance but are specific to rideshare vehicles. The restriction on accepting journeys only through a rideshare platform (r 11) effectively outlaws independent street hails or pre-arranged trips outside the platform, which for a taxi driver would be legal. This creates a regulatory distinction that prevents rideshare drivers from operating like taxis. The ban on surge pricing during emergencies may intersect with state or territory emergency powers and consumer protection laws regarding unconscionable conduct, but the regulation provides its own defence. The annual fee of $300 for a rideshare licence (Schedule) is separate from any fees under the parent Act for the licence itself, and may be adjusted by regulation. The regulations also interact with the statute law amendments made by the Transport Legislation Amendment Act 2025, which amended r 1 and r 18 among other changes.

The regulations were originally made as SL No. 35 of 2017, notified on 29 November 2017. They commenced in two phases: all provisions except Parts 5 and 6 commenced on 1 December 2017, and Parts 5 and 6 commenced on 1 February 2018 (r 2). Parts 5 and 6 contained transitional provisions and have since expired under r 35, meaning the regulations no longer contain any transitional relief. The first amendment came through the Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5 of 2022), which commenced in two stages: Part 7 (but unspecified amendments to the regulations) on 25 May 2022, and the remainder on 25 May 2023. The endnotes show that this Act amended r 9 (the identity card provision). The second amendment was the Transport Legislation Amendment Act 2025 (Act No. 23 of 2025), assented to 12 September 2025. Parts 2, 4, 5 and 6 of that Act commenced on 21 January 2026, and the remainder on 18 November 2025. The endnotes indicate this Act amended r 1 and r 18 (the citation and the parking restrictions regulation). Additionally, general amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to rr 1, 8 and 18. The current reprint is as in force at 21 January 2026. The expiry of Parts 5 and 6 means that any initial transitional provisions allowing a grace period for compliance or temporary licences have lapsed, and all drivers and platforms must now meet the permanent requirements without any phased-in concessions. This is relevant for anyone analysing the regulatory burden: the regime is now mature and all operators are subject to the full suite of duties.

The source text of the regulations and its endnotes contain no reference to any court proceedings or judicial interpretations. Neither the regulations themselves nor the amending acts mention any cases. This absence suggests that either the regulations have not been litigated in any reported decision, or that any litigation that has occurred has not been noted in this reprint. It is possible that challenges have been brought in the Northern Territory Local Court or Supreme Court but are not recorded in the legislative materials. Practitioners should note that the regulations are still relatively recent (commenced less than a decade ago) and that the ridesharing industry in the Northern Territory is smaller than in larger states, reducing the volume of disputes. However, the parent Act has been the subject of litigation in other contexts, and the regulations themselves contain provisions that could be tested. For example, the definition of “rideshare vehicle” in r 4(1)(a) incorporates a fare algorithm “not limited by period of time taken or distance travelled.” This phrase may be ambiguous: does it mean the algorithm must disregard both time and distance, or merely that it is not limited to those factors? A court may need to interpret whether a fare that uses both time and distance as inputs but also other factors (such as demand or route) falls within the definition. Similarly, the condition in r 4(1)(b) that the driver does not receive payment from the passenger directly may be challenged if the platform pays the driver from funds collected electronically from the passenger - the driver arguably still receives payment indirectly, but the regulation seems to require no direct handing of cash or card. Litigation over the prohibition on surge pricing during emergencies (r 8) could arise if a platform argues that an event does not amount to an “emergency situation” under the Emergency Management Act, or that it took reasonable steps but the pricing algorithm was automatic. The defence in r 8(2) places the evidential burden on the defendant. No case law exists yet in the source to clarify these issues.

Several provisions contain traps for the unwary. Regulation 13(1) requires the rideshare label to be displayed not only when the vehicle is used for a rideshare journey, but also when the driver is “connected to the rideshare platform.” This means a driver logged into the app and waiting for a trip must have the label visible, even if the vehicle is parked on private property or not actively carrying a passenger. Failure to display at that time is an offence with a 30 penalty unit fine. Regulation 11(2) makes the requirement to accept journeys only through a rideshare platform a condition of the rideshare licence. This dual enforcement mechanism means that even if a driver is not prosecuted criminally for accepting a street hail, the Director can suspend or revoke the licence for breach of condition, a lower standard of proof than the criminal standard. A driver who accepts a booking from a regular client via phone or text, even without payment, could be in breach. Regulation 17 prohibits any advertising indicating the vehicle is available for hire at any time, even when the vehicle is not being used as a rideshare vehicle. This prohibits a driver from placing a magnetic sign on the car when off duty - a restriction that goes beyond what applies to taxis (which can use roof lights). The penalty is 40 penalty units, among the highest for driver offences. Regulation 18 prohibits stopping in a “minibus rank”, which is defined in r 18(2) to include a bus stop whenever a minibus is parked or standing there in accordance with s 38K(1) of the Act. This is a trap: a bus stop is not ordinarily a minibus rank, but if a minibus is lawfully there, the bus stop becomes a prohibited zone for rideshare vehicles. A rideshare driver unaware of this might stop behind a minibus at a bus stop and commit an offence. The surge pricing defence in r 8(2) requires the platform manager to have taken “all reasonable steps” to prevent the platform from applying surge pricing. What is reasonable may depend on the platform’s technical capacity. A manager with an algorithm that automatically adjusts prices based on demand may need to show it implemented geofencing of declared emergency zones, but if the emergency is sudden, the defence may be difficult to prove. The Director’s power under r 19(2) to impose conditions on vehicle approval is broad and unspecified; a driver could have approval subject to conditions that make operation impractical or costly, and there is no appeal mechanism within these regulations (though the parent Act may provide one). The annual fee of $300 appears modest but is per license, and may be increased by regulation without notice. Finally, the register of rideshare platforms under r 20 is publicly available, meaning a platform’s approval conditions are transparent to competitors, potentially affecting commercial strategy.

Platform managers should implement robust systems to ensure only drivers with valid rideshare licences are allocated trips. This requires integration with the NT licensing database or a verification process. The platform must provide every passenger, before the journey begins, an estimate of the fare and enough information to identify the vehicle (such as make, colour, licence plate) and the driver (name and photo). The platform must have a mechanism to deliver this information, typically via the app. If the platform’s approval is suspended, revoked or cancelled, the manager must have a process to notify all drivers who intend to use the platform as soon as practicable. This could involve push notifications, emails, SMS, and in-app alerts. For surge pricing compliance, the platform must monitor emergency declarations under the Emergency Management Act and disable surge pricing in affected areas. A geofencing system linked to official emergency zones is advisable. The manager should document all steps taken to prevent surge pricing to rely on the defence. Drivers must first obtain a rideshare licence under the Act. The vehicle must be approved by the Director under r 19 as safe; before operating, the driver should submit the vehicle for inspection or provide evidence of safety. Once approved, the rideshare label must be affixed to the passenger side of the front windscreen (or other location specified by the Director) and displayed whenever the driver is connected to the platform or carrying a passenger. The driver must carry the identity card at all times while driving a rideshare vehicle and present it to an inspector on request. Journeys may only be accepted through the approved rideshare platform; the driver should not accept cash payments, street hails, or pre-arranged trips outside the app. The driver must take the shortest practicable route unless the passenger directs otherwise; using GPS apps that automatically reroute to traffic conditions may be defended if the route is still practicable, but drivers should avoid unnecessary detours. The driver must not purchase intoxicating liquor for passengers or third parties as part of a trip, so stops at bottle shops for the passenger are prohibited. No touting or soliciting for passengers is allowed; this includes actively approaching people on the street. The vehicle must not display any advertising that indicates it is available for hire, other than the rideshare label. This means no magnetic signs, roof signs, or decals that say “Rideshare” or “Available”. The driver must not stop in a taxi rank, minibus rank (including bus stops when a minibus is there), or any place marked for private hire cars. Finally, the driver must respond to any written request from the Director for information about rideshare journeys within the specified timeframe. Record keeping of trip data, fares, and communications with the platform will assist compliance. The annual $300 fee must be paid to maintain the rideshare licence.