129Wheelchair-accessible taxi driver—must preferentially

129 Wheelchair-accessible taxi driver—must preferentially accept hirings for wheelchair-dependent people (1) The driver of a wheelchair-accessible taxi that is available for hire must accept a hiring offered by a person using a wheelchair in preference to a hiring offered by a person not using a wheelchair. (2) The driver of a wheelchair-accessible taxi must accept a hiring offered by a person using a wheelchair even if the driver has already accepted the offer of a person not using a wheelchair unless an intending passenger is already seated in the taxi when the person using a wheelchair offers to hire the taxi.

(3) Despite subsections (2) and (3), a taxi driver may refuse to accept a hiring if— (a) the driver would contravene any of the following provisions if the driver accepted the hiring: (i) section 132 (Wheelchair passengers in wheelchair- accessible taxis); (ii) section 147 (Drinking of liquor in taxis prohibited); (iii) section 221W (Bookable vehicle driver—carrying animals in vehicle); or (b) the intending passenger is a person mentioned in— (i) section 148 (Eating and drinking in taxis); or (ii) section 229 (1) (Bookable vehicle passenger—direction to get out of vehicle); or (c) the intending passenger’s destination is outside the ACT region; or (d) the intending cannot, when asked, satisfy the driver that the person can pay the estimated fare for the proposed hiring; or (e) the driver believes on reasonable grounds that the person will not pay the fare for the proposed hiring; or (f) the driver would contravene any other provision of the road transport legislation. (4) However, the driver must accept the hiring if directed to do so under section 225 (Bookable vehicle driver—directions by police officers or authorised people).

(5) To remove any doubt, a reference in this section to a hiring includes a hiring booked via a transport booking service. Note A WTBS is a kind of transport booking service (see s 70L).