33GSafety duties of accredited operators and relevant responsible persons

33G Safety duties of accredited operators and relevant responsible persons

[Section 33G Inserted by No. 28 of 2020, s. 16, Applied:01 Dec 2022]

(1)  In this section, a reference to an accredited operator does not include a reference to an affiliated operator.

(2)  It is a safety duty of an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service –

(a) to ensure, so far as is reasonably practicable, the safety of the drivers of vehicles while the drivers are providing the on-demand passenger transport service; and

(b) to ensure, so far as is reasonably practicable, the safety of other road users while vehicles are being used for the purposes of the on-demand passenger transport service; and

(c) to ensure, so far as is reasonably practicable, the safety of passengers of vehicles while the vehicles are being used to provide the on-demand passenger transport service.

(3)  Without limiting subsection (2) , an accredited operator of an on-demand passenger transport service, and a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, must –

(a) eliminate risks to safety, so far as is reasonably practicable; and

(b) if it is not reasonably practicable to eliminate risks to safety, minimise those risks so far as is reasonably practicable.

(4)  It is a safety duty of a person who is an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, to ensure that the person’s conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to the on-demand passenger transport service, with a safety duty imposed on that other person.

(5)  It is a safety duty of an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, to ensure that –