33HSafety duty of affiliated operators and relevant responsible persons

33H Safety duty of affiliated operators and relevant responsible persons

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

(1)  It is a safety duty of an affiliated operator in relation to a booking service provider, and of a relevant responsible person in relation to an affiliated operator –

(a) to take reasonable care that the acts or omissions, of both the affiliated operator and the relevant responsible person, in the course of providing an on-demand passenger transport service, do not adversely affect the safety of other persons; and

(b) to comply, so far as the affiliated operator or relevant responsible person is reasonably able, with any reasonable instruction that is given by the booking service provider to ensure that –

(i) the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; or

(ii) any safety, security and related standards approved by the Commission under section 16  –

are complied with; and

(c) to co-operate with any reasonable policy or procedure, of the booking service provider, in connection with the safe and secure provision of the on-demand passenger service.

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