8AMeaning of booking service provider

8A Meaning of booking service provider

[Section 8A Inserted by No. 28 of 2020, s. 7, Applied:01 Dec 2022]

(1)  For the purposes of this Act, a person is a booking service provider if the person carries on the business of –

(a) receiving requests for persons to be transported for financial consideration by a small passenger vehicle (other than a luxury hire car, or a restricted hire vehicle, each within the meaning of the Taxi and Hire Vehicle Industries Act 2008 ) that is being operated as part of a passenger transport service; and

(b) arranging or facilitating the acceptance of those requests by or on behalf of drivers of small passenger vehicles.

(2)  In determining whether a person (the service provider) is a booking service provider, it does not matter –

(a) whether or not the transport of a person by a small passenger vehicle is provided by a driver as an agent, bailee or employee of the service provider; or

(b) whether the agreement or arrangement in accordance with which the transport of a person by a small passenger vehicle is provided is between –

(i) the driver and passenger; or

(ii) the service provider and either the driver or passenger; or

(iii) any other persons; or

(c) whether the fare or other consideration for the transport of a person by a small passenger vehicle is paid to the driver by –

(i) the service provider; or

(ii) the passenger; or

(iii) any other person; or

(d) whether or not an act referred to in subsection (1)(a) or (b) involves the use of a wholly or partly automated electronic system, including ride-sourcing software; or

(e) whether or not the service provider is located outside the State; or