33ADuty of booking service providers in relation to ride-sourcing drivers

33A Duty of booking service providers in relation to ride-sourcing drivers

[Section 33A of Part 2 Inserted by No. 28 of 2020, s. 15, Applied:01 Dec 2022]

(1)  A booking service provider who permits a ride-sourcing driver to operate a passenger transport service by means of ride-sourcing software must notify the Commission as soon as practicable after the booking service provider becomes aware that the person is operating a passenger transport service –

(a) other than by means of the ride-sourcing software, a taxi, a luxury hire vehicle or a restricted hire vehicle; and

(b) without being accredited to operate a passenger transport service.

Penalty:  Fine not exceeding –

(a) 50 penalty units for a body corporate or body politic; or

(b) 25 penalty units for an individual.

(2)  The Commission may, by notice to a booking service provider who permits a ride-sourcing driver to operate a passenger transport service by means of ride-sourcing software, require the booking service provider to cease to permit the ride-sourcing driver to use the ride-sourcing software to operate a passenger transport service.

(3)  The Commission may only issue a notice under subsection (2) in relation to a ride-sourcing driver if the Commission believes, on reasonable grounds, that the driver has been operating a passenger transport service –

(a) other than by means of the ride-sourcing software, a taxi, a luxury hire vehicle or a restricted hire vehicle; and

(b) without being accredited to operate a passenger transport service.

(4)  A person to whom a notice is issued under subsection (2) must not fail to comply with a requirement of the notice.

Penalty:  Fine not exceeding –

(a) 100 penalty units for a body corporate or body politic; or

(b) 50 penalty units for an individual.