405Advising vehicle driver of collection of information by intelligent access service provider

405 Advising vehicle driver of collection of information by intelligent access service provider

405 Advising vehicle driver of collection of information by intelligent access service provider

(1) The operator of an intelligent access program vehicle must, unless the operator has a reasonable excuse, ensure the vehicle’s driver is given the following information, before the vehicle begins a journey—

(a) that the vehicle will be monitored by an intelligent access program service provider;

(b) that this Chapter provides for the collection of information by the intelligent access program service provider;

(c) the information that will be collected by the intelligent access program service provider;

(d) the purposes for which the information will be collected;

(e) the entities to whom the information collected may be disclosed;

(f) that, under this Chapter, the driver has rights of access to personal information or to have personal information changed to ensure it is accurate, complete and up to date;

(g) how the rights mentioned in paragraph (f) can be exercised;

(h) the name and address of the intelligent access program service provider.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) The operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator—

(a) gives the intelligent access program vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or

(b) includes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle’s driver.

(3) The national regulations may prescribe—

(a) a form of notice that may be used under subsection (2)(a); and

(b) for the purposes of subsection (2)(b), a standard form of words that may be used as part of a written contract of employment.