Transport Operations (Passenger Transport) Regulation 2018
sec.117Notice about ending arrangement with driver for serious misconduct
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sec.117 Notice about ending arrangement with driver for serious misconduct
This section applies to each of the following entities— an authorised booking entity who has an arrangement with another person (the driver ) under which the entity provides booking services for the driver to drive a motor vehicle to provide booked hire services; the operator of a booked hire service or taxi service who has an arrangement with another person (also the driver ) under which the driver drives a motor vehicle to provide the service for the operator. The entity must immediately give a written notice stating the matters mentioned in subsection (3) to the chief executive if the entity ends the arrangement with the driver because the entity or operator reasonably believes the driver— has committed a driver disqualifying offence; or has, while driving a motor vehicle, not provided a public passenger service safely; or has committed an offence against a provision of relevant transport legislation relating to using a motor vehicle; or has, in any way, been a threat to the safety of any person, including, for example, a child or other vulnerable member of the community. Maximum penalty—10 penalty units. The written notice must state the following matters— the driver’s name; the driver’s driver authorisation number; the day the entity ended the arrangement; the ground mentioned in subsection (2) on which the arrangement was ended; details of the facts and circumstances, or alleged facts and circumstances, forming the basis for the ground. (sec.117-ssec.1) This section applies to each of the following entities— an authorised booking entity who has an arrangement with another person (the driver ) under which the entity provides booking services for the driver to drive a motor vehicle to provide booked hire services; the operator of a booked hire service or taxi service who has an arrangement with another person (also the driver ) under which the driver drives a motor vehicle to provide the service for the operator. (sec.117-ssec.2) The entity must immediately give a written notice stating the matters mentioned in subsection (3) to the chief executive if the entity ends the arrangement with the driver because the entity or operator reasonably believes the driver— has committed a driver disqualifying offence; or has, while driving a motor vehicle, not provided a public passenger service safely; or has committed an offence against a provision of relevant transport legislation relating to using a motor vehicle; or has, in any way, been a threat to the safety of any person, including, for example, a child or other vulnerable member of the community. Maximum penalty—10 penalty units. (sec.117-ssec.3) The written notice must state the following matters— the driver’s name; the driver’s driver authorisation number; the day the entity ended the arrangement; the ground mentioned in subsection (2) on which the arrangement was ended; details of the facts and circumstances, or alleged facts and circumstances, forming the basis for the ground.