97Implied conditions of driver agreement

97 Implied conditions of driver agreement

(1) The regulator, by notice published in the Government Gazette, may specify conditions to be implied in every driver agreement.

(2) Without limiting subsection (1), it is an implied condition of every driver agreement that at least the specified percentage of the gross fares that accrue when a commercial passenger vehicle is in the possession of a driver under the agreement are to be retained by, or paid to, the driver.

(3) An implied condition specified under section 162L(1) of the Transport (Compliance and Miscellaneous) Act 1983 and in force immediately before the commencement of this section is to be taken to have been specified by the regulator under subsection (1).

(4) In subsection (2)—

specified percentage means—

(a) the percentage specified for the purpose of subsection (2) in a notice published under subsection (1); or

(b) 55%, if a percentage is not so specified.

S. 98 inserted by No. 63/2017 s. 18.