91EGeneral small passenger vehicle offences

91E General small passenger vehicle offences

[Section 91E Inserted by No. 61 of 2011, s. 50, Applied:01 Jul 2013]

(1)  [Section 91E Subsection (1) substituted by No. 28 of 2020, s. 60, Applied:01 Dec 2022] A person must not use a small passenger vehicle on a public street to carry a passenger for financial consideration unless –

(a) the person is using the vehicle in the course of operating a taxi service under the authority of a taxi licence; or

(b) the person is using the vehicle in the course of operating a luxury hire car service under the authority of a luxury hire car licence; or

(c) the person is using the vehicle in the course of operating a restricted hire vehicle service under the authority of a restricted hire vehicle licence; or

(d) requests for transport by means of the vehicle are made by passengers using ride-sourcing software, within the meaning of the Passenger Transport Services Act 2011 , and the person who owns, operates or controls a wholly or partly automated electronic system that uses the ride-sourcing software is accredited; or

(e) the person is accredited to operate an on-demand passenger transport service by means of the vehicle.

Penalty:  Fine not exceeding –

(a) 100 penalty units for a first offence; or

(b) 200 penalty units for a second or subsequent offence.

(2)  Subsection (1) does not apply if, at the relevant time, the relevant small passenger vehicle is not being used to operate a passenger transport service.

(2A)  [Section 91E Subsection (2A) inserted by No. 27 of 2016, s. 5, Applied:06 Sep 2016] Subsection (1) does not apply in relation to a person using a small passenger vehicle if, under section 64(1) of the Passenger Transport Services Act 2011  –