Part 1
Preliminary
Part 1 — Preliminary
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Citation 1
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Commencement 1
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Terms used 1
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Western Australia regulation
What this instrument does (mechanically, first)
Sets detailed regulatory rules that put the Transport (Road Passenger Services) Act 2018 into operation for road passenger services in Western Australia. The regulations prescribe how on‑demand booking platforms, passenger transport providers, drivers and vehicles must be authorised, what safety and vehicle standards must be met, how fares are set and presented, what records must be kept, how camera systems are to be run, and how a levy and some transitional measures operate (see regs 13–15; Part 4–7; regs 107–114; Part 11).
Requires providers of specified services (on‑demand booking services, regular services, tourism and school bus services) to prepare and maintain a written safety management system that identifies hazards and sets out controls (reg 14). Contraventions attract fines (reg 15).
Creates authorisation regimes and procedural rules for: on‑demand booking services (Part 4: application, limits on number of vehicles, responsible officers, association arrangements, record‑keeping and advertising rules); regular passenger services (Part 5); drivers (Part 6: police checks, medical reports, age/experience minima, renewals); and vehicles (Part 7: inspections, camera and fare device fitment for rank/hail vehicles) (see regs 40–103, 82–100, 98).
Imposes specific vehicle and operational standards: wheelchair accessible vehicle technical and operational standards (regs 18–19), motor cycle requirements (regs 20–21), livery and roof‑light rules for rank/hail vehicles, identification requirements for drivers and displays of driver information (regs 22–31).
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Transport (Road Passenger Services) Regulations 2020.
Part 1 — Preliminary
Citation 1
Commencement 1
Terms used 1
Part 2 — Key concepts
Approved medical report (s. 4(1)) 9
Association arrangements (s. 4(1)) 9
Interstate driver authorisation (s. 4(1)) 10
Interstate vehicle authorisation (s. 4(1)) 11
On‑demand passenger transport services (s. 5(3)(c)) 11
On‑demand booking services (s. 10(3)) 11
Hire or reward (s. 11) 12
Part 3 — Safety standards
Safety standards (s. 14(2)) 14
Persons to whom specified safety standards apply 14
Division 2 — Safety management system
Specified services 15
Safety management system 15
Offence of contravening safety standard 16
Division 3 — Vehicle standards
Subdivision 1 — General standards
Vehicle licence and standards for vehicles 16
Vehicle maintenance 17
Subdivision 2 — Wheelchair accessible vehicle standards
Wheelchair accessible vehicles: applicable standards 18
Wheelchair accessible vehicles: operation standards 19
Subdivision 3 — Motor cycle standards
Motor cycles: applicable standards 19
Motor cycle requirements 20
Subdivision 4 — Specific requirements: on‑demand rank or hail vehicles
Markings, lights and signs: on‑demand rank or hail vehicles 21
Livery: on‑demand rank or hail vehicles 22
When roof lights to be lit: on‑demand rank or hail vehicles 22
Contact information: on‑demand rank or hail vehicles 23
Subdivision 5 — Specific requirements: on‑demand charter vehicles
Signs, lights and markings: on‑demand charter vehicles not to be represented as on‑demand rank or hail vehicles 24
Signs and livery: on‑demand charter vehicles 25
Exception to signs and livery requirements relating to family violence: on‑demand charter vehicles 26
Subdivision 6 — Driver identity documents
Driver identity document: on‑demand rank or hail vehicle 27
Display of driver identity document: on‑demand rank or hail vehicle 28
Provision or display of driver identity information: on‑demand charter vehicle 29
Subdivision 7 — Offences
Division 4 — Provision of information
Information to be made available by provider of on‑demand booking service 31
Offence of contravening safety standard 32
Division 5 — Driver competence and reporting
Driver of wheelchair accessible vehicle to be competent in loading and unloading wheelchair passengers 32
Driver reporting requirements 33
Offence of contravening safety standard 34
Part 4 — Authorisation of on‑demand booking services
Term used: disqualification offence 35
Prescribed functions for which provider of principal booking service is responsible (s. 27(3)) 35
Division 2 — Applications for on‑demand booking service authorisations
Information to be included in on‑demand booking service authorisation application (s. 29(4)(e)) 36
Documents to be included in on‑demand booking service authorisation application (s. 29(4)(e)) 37
Declaration as to persons nominated as responsible officers 37
Division 3 — Grant, duration and renewal of on‑demand booking service authorisations
Condition for maximum number of vehicles 37
Variation of maximum number of vehicles 38
Duration of on‑demand booking service authorisation (s. 39(1)) 39
Renewal of on‑demand booking service authorisation 40
Surrender of on‑demand booking service authorisation 41
Division 4 — Responsible officers
Responsible officer must be ordinarily resident in Australia (s. 30(f)) 42
At least 1 responsible officer to be resident in State 42
Nomination of additional or replacement responsible officer 42
Acceptance of or refusal to accept nomination of additional or replacement responsible officer 43
Division 5 — Disqualification
Disqualification offences and disqualification periods (s. 26 and 46) 45
Reinstatement of authorisation if conviction quashed or set aside 45
Requirement to notify CEO of charge or conviction for disqualification offence 45
Division 6 — Changes to information
Division 7 — Records
Subdivision 1 — Records of drivers, vehicles and bookings
Obligations in this Division are conditions on authorisation 46
Records of drivers and vehicles 47
Records of bookings for on‑demand passenger transport services 47
Subdivision 2 — Records of association arrangements
Division 8 — Offences relating to advertising by providers of on‑demand booking services
Offence to offer or advertise on‑demand booking service or on‑demand passenger transport service unless authorised 51
Name or authorisation number of provider must be included in advertising 51
Division 9 — Complaints
Complaints resolution procedure 53
Records of customer complaints 53
Division 10 — Miscellaneous
Part 5 — Authorisation of regular passenger transport services
Division 2 — Grant, duration and renewal of regular passenger service authorisations
Application for approval of temporary variation of route or area (s. 70(2)) 56
Temporary variation of route or area (s. 70(2)) 56
Duration of regular passenger transport service authorisation (s. 74(1)) 56
Renewal of regular passenger transport service authorisation 57
Division 3 — Changes to information
Division 4 — Conditions of authorisation
Obligations in this Division are conditions on authorisation 59
Use of regular passenger transport vehicles 59
Fares 59
Records 60
Division 5 — Offences relating to advertising by providers of regular passenger transport services
Offence to offer or advertise regular passenger transport service unless authorised 60
Name or authorisation number of provider must be included in advertising 61
Division 6 — Complaints
Complaints resolution procedure 62
Records of customer complaints 63
Part 6 — Authorisation of passenger transport drivers
Term used: disqualification offence 64
Driving vehicle with interstate driver authorisation (s. 90 and 91) 64
Exemption from s. 90 and 91 where driver has interstate driver authorisation and conditions complied with to the extent possible in the State 65
Division 2 — Applications for passenger transport driver authorisations
Division 3 — Grant, duration and renewal of passenger transport driver authorisations
Grant of passenger transport driver authorisation (s. 96(b)) 67
Duration of passenger transport driver authorisation (s. 104(1)) 67
Renewal of passenger transport driver authorisation 68
Approved medical report required to be included in renewal application after shorter period 70
Surrender of passenger transport driver authorisation 70
Division 4 — Suspension, cancellation and disqualification
Disqualification offences and disqualification periods (s. 89 and 115) 71
Reinstatement of authorisation if conviction quashed or set aside 71
Requirement to notify CEO of charge or conviction for disqualification offence 71
Division 5 — Changes to information
Division 6 — Miscellaneous
CEO may require authorisation holder to provide certain documents 72
Authorisation holder may provide criminal record check or approved medical report to CEO 73
CEO may issue documents for purposes of r. 29 and 31 73
Part 7 — Authorisation of passenger transport vehicles
Driving or operating vehicle with interstate vehicle authorisation (s. 121 and 122) 75
Exemption from s. 121 and 122 for vehicle with interstate vehicle authorisation where conditions complied with to extent possible in the State 75
Replacement vehicles (s. 121 and 122) 76
Division 2 — Grant, duration and renewal of passenger transport vehicle authorisations
Requirements for authorisation of vehicle (s. 126 and 133) 77
Duration of passenger transport vehicle authorisation (s. 137(1)) 78
Renewal of passenger transport vehicle authorisation 78
Cancellation of authorisation: transfer of ownership of vehicle (s. 148) 79
Cancellation of authorisation on request (s. 149(3)) 80
Division 3 — Changes to information
Part 8 — Requirements relating to passenger transport services
Division 1 — Notifiable occurrences
Term used: notifiable occurrence 81
Reporting of notifiable occurrences 82
Provider of on‑demand booking service to report allegations about driver conduct 83
Division 2 — Camera surveillance
Terms used 84
Camera surveillance units 85
Signs about camera surveillance 85
Recordings taken by camera surveillance units 87
Safeguards applying to camera surveillance units 87
Production of camera recordings to authorised officers 88
Use of recordings taken by camera surveillance units 89
Deletion, destruction or disposal of copies of recordings 91
Division 3 — Fares and fare devices
Subdivision 1 — Requirements for fares that apply only to on‑demand rank or hail vehicles
Term used: relevant person 93
Maximum fares, surcharges and fees: metropolitan region 93
Maximum fares, surcharges and fees: regions 94
Fare schedule to be displayed in vehicle 95
Deposit 97
Contract fares 97
Written confirmation of contract fare 98
Passenger subsidy scheme vouchers 99
Guidelines 100
Commencement and termination of journey in on‑demand rank or hail vehicle 101
Multiple hiring 102
Surcharge for non‑cash payment 103
Subdivision 2 — Other requirements for fares
Terms used 104
Fare amounts for passenger transport services using on‑demand vehicles 105
Certain fares and charges prohibited in certain declared emergencies 106
129A. Exempt areas in relation to emergency declarations 107
Subdivision 2A — Passenger Transport Subsidy Scheme (PTSS)
130A. Terms used 108
130B. CEO may issue smartcards 109
130C. CEO may pay subsidy 109
130D. Person must not provide PTSS smartcard as payment or part‑payment unless PTSS passenger 110
130DA. Driver must not refuse payment or part‑payment 110
130DB. Certain providers must not direct driver to refuse payment or part‑payment 110
130E. Driver must not accept PTSS smartcard as payment or part‑payment from person driver knows is not PTSS passenger 111
130F. Driver or provider of on‑demand booking service must not enter false or misleading information 111
130G. Driver must not cause or permit another person to enter particular information 111
130H. Provider of on‑demand booking service must not cause or permit another person to enter particular information 112
130HA. Provider of on‑demand booking service must ensure vehicle fitted with PTSS electronic device that is not a mobile phone 112
130HB. Driver must ensure vehicle contains PTSS electronic device 113
130I. False claims for payment 113
130J. Providers of on‑demand booking services to provide information about PTSS journeys 114
130K. CEO may recover subsidies paid 115
130L. CEO may approve guidelines 115
Subdivision 3 — Receipts
Subdivision 4 — Fare calculation devices
On‑demand rank or hail vehicles to be fitted with fare calculation device 117
Requirements for fare calculation devices 118
Display of information: on‑demand rank or hail vehicles 119
Division 4 — Other obligations
Driver to inform on‑demand booking service of certain matters 120
Conduct of drivers while driving vehicle to transport passengers for hire or reward 121
Assistance animals 121
Driver must accept hiring except in certain circumstances 121
No touting or soliciting for passengers 123
Offence to operate unauthorised vehicle with passenger transport vehicle number plates 123
Wheelchair accessible vehicle to be used to attend to passenger who uses or requires wheelchair first 124
Part 9 — Information
Law enforcement officials (s. 150) 125
Relevant authorities (s. 150) 125
Prescribed period (s. 152(a)) 126
Disclosure of authorisation status of driver (s. 153) 126
Prescribed information road traffic CEO must provide to CEO (s. 158) 128
Part 10 — Infringement notices and enforcement
Prescribed offences and modified penalties 129
Approved officers and authorised officers 129
Entry warrants (s. 178(2)) 130
Forms 130
Part 11 — Voluntary buyback, adjustment assistance and levy
Division 1 — Buyback payment and net loss payment
Division 2 — On‑demand passenger transport levy
Subdivision 1 — Preliminary
Subdivision 2 — General provisions relating to levy
Classes of providers of on‑demand booking services (s. 241) 133
Levy fare: general (s. 241) 134
Levy fare: on‑demand passenger transport service provided for metered fare (s. 241) 135
Levy fare: fare under multiple service agreement (s. 241) 136
Transactions relating to electric vehicles not leviable passenger service transactions 137
Exemption from requirement to pay levy for approved special events providers 137
Calculation of amount of levy payable on estimated basis (s. 247(1)) 138
Registration as taxpayer (s. 249) 140
Payment of levy 140
Returns (s. 250) 141
Records (s. 251) 141
Records: fare information 142
Records to be produced or provided to CEO or authorised officer 143
Subdivision 3 — Modifications of Taxation Administration Act 2003
Modifications of Taxation Administration Act 2003 (s. 243(2)) 144
Time limits on reassessment 144
Penalty tax not payable 144
Records relevant to objections 144
Time for lodging objections 145
Proceedings before State Administrative Tribunal 145
Time limit on refund applications 145
Proceedings for an offence 146
Service 146
Division 3 — Adjustment assistance grants
Part 12 — Miscellaneous
Review of decisions (s. 262) 147
Fees 147
Waiver of fees 149
Exemption of providers of school bus services and vehicles 149
CEO or authorised officer may require documents to be produced or provided 149
Part 13 — Transitional provisions
Division 1 — General matters
Disclosure of information about drivers’ licences (s. 293(2)) 152
Camera surveillance units installed before 2 July 2019 152
Camera surveillance units in on‑demand rank or hail vehicles in regional areas 153
Prescribed transition period for ‘F’ or ‘T’ endorsed driver’s licence (s. 294) 153
Provisions for drivers authorised to drive under s. 294 or interstate driver authorisation 154
Provisions for s. 295 of the Act 155
Provisions for s. 296 of the Act 156
Medical reports 156
Division 2 — Number plates
Term used: commencement day 158
Existing attached taxi plates for taxis may continue to be used 158
Existing attached number plates for country taxi‑cars may continue to be used 158
Omnibus number plates 159
Owned taxi plates that were attached and were not the subject of the buyback scheme 160
Leased taxi plates that were attached 161
Return of number plates that were not attached to a vehicle 162
Seizure of number plates 163
Division 3 — Transition from Transport (Road Passenger Services) Regulations 2019
Things done for 2019 regulations continue for these regulations 164
Review of decisions under 2019 regulations 164
Provisions relating to disqualification periods under 2019 regulations 165
Provisions relating to association arrangements 165
Division 4 — Transitional provision in relation to the Transport (Road Passenger Services) Amendment Regulations (No. 2) 2024
200A. Display of fare schedules 166
Part 14 — Transport (Road Passenger Services) Regulations 2019 repealed
Part 15 — Transport Regulations Amendment (Road Passenger Services) Regulations (No. 2) 2019 amended
Regulations amended 168
Regulation 2 amended 168
Part 5 Division 4 deleted 168
Schedule 1 — Fees
Division 1 — Fees: general
Division 2 — Authorisation fees for on‑demand booking service authorisations
Division 3 — Authorisation fee for passenger transport driver authorisation
Division 4 — Authorisation fees for passenger transport vehicle authorisations
Schedule 2 — Disqualification offences and disqualification periods: on‑demand booking services
Schedule 3 — Disqualification offences and disqualification periods: passenger transport drivers
Schedule 4 — Fares: metropolitan region
Schedule 5 — Fares: regions
Division 1 — Gascoyne region
Division 2 — Goldfields‑Esperance region
Division 3 — Great Southern region
Division 4 — Kimberley region
Division 5 — Mid West region
Division 6 — Peel region
Division 7 — Pilbara region
Division 8 — South West region
Division 9 — Wheatbelt region
Schedule 6 — Prescribed offences and modified penalties
Schedule 7 — Forms
Notes
Compilation table 229
Defined terms
Transport (Road Passenger Services) Act 2018
These regulations are the *Transport (Road Passenger Services) Regulations 2020*.
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) regulation 110 and Schedule 6 items 34 and 35 — on 1 July 2021;
(c) the rest of the regulations — on the day on which the Transport (Road Passenger Services) Act 2018 Part 5 comes into operation.
In these regulations —
2019 regulations means the Transport (Road Passenger Services) Regulations 2019 that were repealed by regulation 201;
approved identification card means an approved identification card referred to in —
(a) the Taxi Regulations 1995 regulation 15 as in force immediately before the coming into operation of section 303 of the Act; or
(b) the Transport (Country Taxi‑car) Regulations 1982 regulation 27A as in force immediately before the coming into operation of section 342 of the Act;
approved person means a person who is approved for the purposes of the provision in which the term is used;
AS, followed by a designation, means the Australian Standard having that designation that is published by Standards Australia;
AS/NZS followed by a designation refers to the Australian/New Zealand Standard having that designation that is published jointly by Standards Australia and Standards New Zealand;
Australian Design Rules means the Australian Design Rules determined as vehicle standards under the Motor Vehicle Standards Act 1989 (Commonwealth), as at 1 July 2020;
authorised on‑demand rank or hail vehicle means a vehicle in relation to which a passenger transport vehicle authorisation is in force that authorises the vehicle to be operated for use in providing an on‑demand rank or hail passenger transport service;
camera surveillance unit means a device that takes visual or audiovisual recordings;
Camera Surveillance Unit Standards means the standards entitled Passenger Transport Vehicle Camera Surveillance Unit Standards 2020 approved by the CEO and published on the Department’s website, as at 1 July 2020;
child care service means —
(a) any education and care service as defined in the Education and Care Services National Law (Western Australia) section 5(1); or
(b) any child care service as defined in the Child Care Services Act 2007 section 4;
contract fare means an amount agreed under regulation 120(1) as payable for the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle;
copy, in relation to a visual, audiovisual or audio recording, includes any print‑out or reproduction of the recording;
Disability Standards means the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 (Commonwealth) section 31, as at 1 July 2020;
driver identity document means a driver identity document required under regulation 29(1) or (2);
driver’s licence number means —
(a) for a person who holds a driver’s licence — the number of that driver’s licence; or
(b) for a person who holds a driving authorisation referred to in paragraph (b) of the definition of driving authorisation in section 4(1) of the Act — the number of that driving authorisation;
electric vehicle means a vehicle propelled solely by electricity;
foreign driving authorisation has the meaning given in the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 60(1) but does not include an authorisation to drive a vehicle solely for the purposes of learning to drive it;
‘F’ or ‘T’ endorsed driver’s licence has the meaning given in section 292 of the Act;
GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) section 195‑1;
interstate driver authorisation document means a document issued to a person under a law of another State or a Territory that evidences that the person holds an interstate driver authorisation;
interstate vehicle authorisation document means a document issued to a person under a law of another State or a Territory that evidences that the person holds an interstate vehicle authorisation;
interstate vehicle licence means a vehicle licence or vehicle registration under a law of another State or a Territory;
large vehicle means a vehicle that is equipped to seat more than 5 adult persons, including the driver of the vehicle;
last approved medical report, on an individual, means the last approved medical report on the individual given to the CEO or included in an application under these regulations;
last criminal record check, for an individual, means the last criminal record check for the individual given to the CEO or included in an application under these regulations;
metropolitan region means the metropolitan region as defined in the Planning and Development Act 2005 section 4(1);
non‑cash payment means the payment, other than by means of cash, of any amount payable in respect of the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle;
on‑demand charter vehicle means an on‑demand vehicle other than an on‑demand rank or hail vehicle;
on‑demand rank or hail vehicle means a vehicle used or intended to be used to provide an on‑demand rank or hail passenger transport service;
payment terminal means a device or system used to facilitate a non‑cash payment;
region means a region described in the Regional Development Commissions Act 1993 Schedule 1 but does not include any part of the metropolitan region;
relevant driver authorisation number, in relation to a person, means —
(a) if the person holds a passenger transport driver authorisation and paragraph (c) does not apply — the number of the person’s passenger transport driver authorisation; or
(b) if the person does not hold a passenger transport driver authorisation but holds an interstate driver authorisation — the number of the person’s interstate driver authorisation; or
(c) if the person holds a passenger transport driver authorisation that was granted no more than 14 days earlier and held an interstate driver authorisation when the passenger transport driver authorisation was granted — the number of either the person’s passenger transport driver authorisation or the person’s interstate driver authorisation;
road traffic CEO means the CEO as defined in the Road Traffic (Administration) Act 2008 section 4;
safety management system, in relation to the provider of a specified service, means the safety management system prepared and maintained in accordance with regulation 14;
Schedule 4 fare means the fare referred to in regulation 116(1) for the provision of an on‑demand passenger transport service using an on‑demand rank or hail vehicle that primarily operates in the metropolitan region and includes —
(a) any surcharge or fee of a kind set out in Schedule 4 for the service; and
(b) any amount charged under regulation 116(2) in relation to the fare;
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Transport (Road Passenger Services) Act 2018
Transport (Road Passenger Services) Regulations 2020
Western Australia
Transport (Road Passenger Services) Regulations 2020
Contents
Part 1 — Preliminary
Citation 1
Commencement 1
Terms used 1
Part 2 — Key concepts
Approved medical report (s. 4(1)) 9
Association arrangements (s. 4(1)) 9
Interstate driver authorisation (s. 4(1)) 10
Interstate vehicle authorisation (s. 4(1)) 11
On‑demand passenger transport services (s. 5(3)(c)) 11
On‑demand booking services (s. 10(3)) 11
Hire or reward (s. 11) 12
Part 3 — Safety standards
Division 1 — Preliminary
Safety standards (s. 14(2)) 14
Persons to whom specified safety standards apply 14
Division 2 — Safety management system
Specified services 15
Safety management system 15
Offence of contravening safety standard 16
Division 3 — Vehicle standards
Subdivision 1 — General standards
Vehicle licence and standards for vehicles 16
Vehicle maintenance 17
Subdivision 2 — Wheelchair accessible vehicle standards
Wheelchair accessible vehicles: applicable standards 18
Wheelchair accessible vehicles: operation standards 19
Subdivision 3 — Motor cycle standards
Motor cycles: applicable standards 19
Motor cycle requirements 20
Subdivision 4 — Specific requirements: on‑demand rank or hail vehicles
Markings, lights and signs: on‑demand rank or hail vehicles 21
Regulates fares for rank/hail (metered) services by setting maximum tariffs by region (Schedules 4 and 5; regs 116–117), rules on deposits, contract fares (regs 119–121), limits on non‑cash surcharges (reg 126) and prohibiting surge/queue‑jumping during declared emergencies (regs 129–129A).
Requires camera surveillance units in on‑demand rank/hail vehicles (reg 108), prescribes standards and signage (regs 108–109), sets rules for access, use, safeguarding, retention and deletion of recordings (regs 110–114 and Camera Surveillance Unit Standards).
Establishes a levy on on‑demand passenger transactions with detailed rules on how the levy is calculated, collected, returns and records, registration as taxpayer and enforcement; it also modifies application of the Taxation Administration Act 2003 for levy administration (Part 11, regs 152–165, 166–174).
Introduces the Passenger Transport Subsidy Scheme (PTSS) framework for smartcards, subsidies and reporting, with rules on device fitment, prohibited conduct and recovery of improper payments (regs 130A–130L).
Provides enforcement mechanisms (infringement notice regime, approved officers), a long schedule of prescribed offences and modified penalties (Schedule 6), and a suite of record‑keeping, reporting and CEO/Minister powers (Parts 9–10, regs 147–151, 176–180).
Who is affected
Providers of on‑demand booking services and platforms: must be authorised, keep detailed driver/vehicle/booking records, ensure vehicles meet standards, fit cameras/fare devices (reg 56–58, 108, 132), pay authorisation fees (Schedule 1) and the on‑demand levy (Part 11).
Passenger transport operators and vehicle owners: must obtain vehicle authorisations, comply with vehicle standards and maintenance, fit required devices, observe livery and identification rules where applicable (regs 16–27, 98, 132–134).
Drivers: must hold or comply with driver authorisations (or meet interstate authorisation conditions), submit criminal checks and medical reports, carry/display identity documents, meet competence requirements (wheelchair handling) and notify certain changes (regs 80–87, 29–31, 35, 36, 82).
Passengers and third parties: affected by fare caps, consumer information requirements (reg 33, 128), protections for assistance animals and wheelchair users (regs 137, 141), and privacy/surveillance protections around camera recordings (regs 107–114).
The Department/CEO and authorised officers: given broad operational and enforcement powers (e.g. approval/revocation of special exceptions, issuing notices, requiring documents, calculating estimated levy payments) — see regs 44, 46, 92, 94, 159, 161.
Why it matters (claimed purpose and how that plays out mechanically)
Officially, the regulations implement safety, consumer protection and orderly market operation objectives in the Act: setting minimum safety management systems (reg 14), ensuring driver fitness (regs 82, 85), vehicle standards (regs 16–21), clear fare rules (regs 116–118) and measures to deter unacceptable behaviour (Schedule 6 fines).
Mechanically, the instrument does this by: creating entry and renewal hurdles (criminal checks, medical reports, fees), mandating technology and equipment (camera surveillance, fare devices, PTSS electronic devices), prescribing fare maxima and showing rules (Schedules 4–5; reg 118), and imposing record‑keeping and reporting obligations that support enforcement and levy collection (regs 57–59, 163–165).
Costs, incentives and trade‑offs (practical testing of the stated purposes)
Compliance costs concentrated on providers and fleet owners: authorisation fees (Schedule 1), device purchase/installation (camera units, fare devices, PTSS devices), ongoing record‑keeping and monthly reporting, criminal/medical checks for responsible officers and drivers (regs 41, 46, 82, 85). Those costs are explicit and recurring (authorisation renewals, levy payments, inspections).
Price effects and pass‑through: fare caps for rank/hail services limit upside for providers (Schedules 4–5; regs 116–117) but the levy is explicitly allowed to be passed on in limited form (regs 116(2), 117(2), 154–156). The regulations therefore constrain some pricing freedom while allowing a capped levy allocation to be added to fares (reg 154(3)).
Competition and business model effects: the rules give platforms and operators a clear compliance framework but impose burdens that will tend to favour operators with scale and administrative capacity (detailed records, direct‑debit levy payments, mandatory device fitment). Association arrangements allow principal platforms to assume responsibility for smaller associated services (reg 5, 39) — a mechanism that can centralise liability and administration.
Privacy, safety and operational trade‑offs: mandatory cameras in rank/hail vehicles (reg 108) and strict controls on use and retention (regs 111–114) increase evidentiary and safety capacity but require secure data handling and raise operational costs and oversight needs.
Discretion and enforcement risk: the CEO is given powers to approve special exceptions (family‑violence livery exception, reg 28), register special events providers (reg 158), estimate levy amounts (reg 159), demand additional documents and reinstate authorisations in specific cases (regs 53, 92, 159). That central discretion concentrates decision‑making and produces case‑by‑case regulatory burden.
Implementation risk and compliance friction
Multiple equipment and data requirements (camera standards, fare devices, PTSS device, retention rules) create coordination challenges and compliance costs, especially for small operators.
The levy administration borrows tax‑style procedures (mods to Taxation Administration Act, regs 166–174), meaning providers face familiar but formal tax processes (returns, objections, reassessments) and tighter time limits (regs 167, 170, 172).
Record‑keeping windows are significant (2 years for many records, 5 years for levy records — regs 57(3–4), 58(6–7), 163(3)), increasing storage and systems requirements.
Who pays and who decides (simple allocation of costs and authority)
Who pays: operators and providers pay authorisation and application fees (Schedule 1), fit equipment (capital and operational cost), and remit the on‑demand levy (Part 11) — passengers indirectly pay through fares where permitted (regs 116–117, 154). Drivers may bear costs where devices or insurance are driver responsibilities under contract arrangements.
Who decides: the CEO holds central administrative discretion (approvals, variations, notices, recovery of subsidies under reg 130K), authorised officers enforce compliance and issue infringement notices (Part 10), and the Minister retains powers on some authorisations and renewals (e.g. Part 5 decisions under reg 69). Local courts manage debt recovery for subsidies or penalties where directed (reg 130K(2)).
Concise practical effects on private choice and markets
Raises fixed and administrative costs for market participation (licensing fees, equipment, compliance systems).
Limits some price freedom for rank/hail services through regional maximum tariffs, while allowing limited levy pass‑through (Schedules 4–5; regs 116–117; 154).
Incentivises consolidation or use of association arrangements where a principal provider can centralise compliance and levy liability (reg 5, 39), which may advantage larger platforms with compliance teams.
Introduces targeted consumer protections and accessibility rules (wheelchair vehicle priority, driver competence standards, ticketing and fare information obligations) that operate through mandatory provider processes (regs 35, 118, 141).
Key cross‑references in the instrument
Livery: on‑demand rank or hail vehicles 22
When roof lights to be lit: on‑demand rank or hail vehicles 22
Contact information: on‑demand rank or hail vehicles 23
Subdivision 5 — Specific requirements: on‑demand charter vehicles
Signs, lights and markings: on‑demand charter vehicles not to be represented as on‑demand rank or hail vehicles 24
Signs and livery: on‑demand charter vehicles 25
Exception to signs and livery requirements relating to family violence: on‑demand charter vehicles 26
Subdivision 6 — Driver identity documents
Driver identity document: on‑demand rank or hail vehicle 27
Display of driver identity document: on‑demand rank or hail vehicle 28
Provision or display of driver identity information: on‑demand charter vehicle 29
Subdivision 7 — Offences
Division 4 — Provision of information
Information to be made available by provider of on‑demand booking service 31
Offence of contravening safety standard 32
Division 5 — Driver competence and reporting
Driver of wheelchair accessible vehicle to be competent in loading and unloading wheelchair passengers 32
Driver reporting requirements 33
Offence of contravening safety standard 34
Part 4 — Authorisation of on‑demand booking services
Division 1 — Preliminary
Term used: disqualification offence 35
Prescribed functions for which provider of principal booking service is responsible (s. 27(3)) 35
Division 2 — Applications for on‑demand booking service authorisations
Information to be included in on‑demand booking service authorisation application (s. 29(4)(e)) 36
Documents to be included in on‑demand booking service authorisation application (s. 29(4)(e)) 37
Declaration as to persons nominated as responsible officers 37
Division 3 — Grant, duration and renewal of on‑demand booking service authorisations
Condition for maximum number of vehicles 37
Variation of maximum number of vehicles 38
Duration of on‑demand booking service authorisation (s. 39(1)) 39
Renewal of on‑demand booking service authorisation 40
Surrender of on‑demand booking service authorisation 41
Division 4 — Responsible officers
Responsible officer must be ordinarily resident in Australia (s. 30(f)) 42
At least 1 responsible officer to be resident in State 42
Nomination of additional or replacement responsible officer 42
Acceptance of or refusal to accept nomination of additional or replacement responsible officer 43
Division 5 — Disqualification
Disqualification offences and disqualification periods (s. 26 and 46) 45
Reinstatement of authorisation if conviction quashed or set aside 45
Requirement to notify CEO of charge or conviction for disqualification offence 45
Division 6 — Changes to information
Division 7 — Records
Subdivision 1 — Records of drivers, vehicles and bookings
Obligations in this Division are conditions on authorisation 46
Records of drivers and vehicles 47
Records of bookings for on‑demand passenger transport services 47
Subdivision 2 — Records of association arrangements
Division 8 — Offences relating to advertising by providers of on‑demand booking services
Offence to offer or advertise on‑demand booking service or on‑demand passenger transport service unless authorised 51
Name or authorisation number of provider must be included in advertising 51
Division 9 — Complaints
Complaints resolution procedure 53
Records of customer complaints 53
Division 10 — Miscellaneous
Part 5 — Authorisation of regular passenger transport services
Division 1 — Preliminary
Division 2 — Grant, duration and renewal of regular passenger service authorisations
Application for approval of temporary variation of route or area (s. 70(2)) 56
Temporary variation of route or area (s. 70(2)) 56
Duration of regular passenger transport service authorisation (s. 74(1)) 56
Renewal of regular passenger transport service authorisation 57
Division 3 — Changes to information
Division 4 — Conditions of authorisation
Obligations in this Division are conditions on authorisation 59
Use of regular passenger transport vehicles 59
Fares 59
Records 60
Division 5 — Offences relating to advertising by providers of regular passenger transport services
Offence to offer or advertise regular passenger transport service unless authorised 60
Name or authorisation number of provider must be included in advertising 61
Division 6 — Complaints
Complaints resolution procedure 62
Records of customer complaints 63
Part 6 — Authorisation of passenger transport drivers
Division 1 — Preliminary
Term used: disqualification offence 64
Driving vehicle with interstate driver authorisation (s. 90 and 91) 64
Exemption from s. 90 and 91 where driver has interstate driver authorisation and conditions complied with to the extent possible in the State 65
Division 2 — Applications for passenger transport driver authorisations
Division 3 — Grant, duration and renewal of passenger transport driver authorisations
Grant of passenger transport driver authorisation (s. 96(b)) 67
Duration of passenger transport driver authorisation (s. 104(1)) 67
Renewal of passenger transport driver authorisation 68
Approved medical report required to be included in renewal application after shorter period 70
Surrender of passenger transport driver authorisation 70
Division 4 — Suspension, cancellation and disqualification
Disqualification offences and disqualification periods (s. 89 and 115) 71
Reinstatement of authorisation if conviction quashed or set aside 71
Requirement to notify CEO of charge or conviction for disqualification offence 71
Division 5 — Changes to information
Division 6 — Miscellaneous
CEO may require authorisation holder to provide certain documents 72
Authorisation holder may provide criminal record check or approved medical report to CEO 73
CEO may issue documents for purposes of r. 29 and 31 73
Part 7 — Authorisation of passenger transport vehicles
Division 1 — Preliminary
Driving or operating vehicle with interstate vehicle authorisation (s. 121 and 122) 75
Exemption from s. 121 and 122 for vehicle with interstate vehicle authorisation where conditions complied with to extent possible in the State 75
Replacement vehicles (s. 121 and 122) 76
Division 2 — Grant, duration and renewal of passenger transport vehicle authorisations
Requirements for authorisation of vehicle (s. 126 and 133) 77
Duration of passenger transport vehicle authorisation (s. 137(1)) 78
Renewal of passenger transport vehicle authorisation 78
Cancellation of authorisation: transfer of ownership of vehicle (s. 148) 79
Cancellation of authorisation on request (s. 149(3)) 80
Division 3 — Changes to information
Part 8 — Requirements relating to passenger transport services
Division 1 — Notifiable occurrences
Term used: notifiable occurrence 81
Reporting of notifiable occurrences 82
Provider of on‑demand booking service to report allegations about driver conduct 83
Division 2 — Camera surveillance
Terms used 84
Camera surveillance units 85
Signs about camera surveillance 85
Recordings taken by camera surveillance units 87
Safeguards applying to camera surveillance units 87
Production of camera recordings to authorised officers 88
Use of recordings taken by camera surveillance units 89
Deletion, destruction or disposal of copies of recordings 91
Division 3 — Fares and fare devices
Subdivision 1 — Requirements for fares that apply only to on‑demand rank or hail vehicles
Term used: relevant person 93
Maximum fares, surcharges and fees: metropolitan region 93
Maximum fares, surcharges and fees: regions 94
Fare schedule to be displayed in vehicle 95
Deposit 97
Contract fares 97
Written confirmation of contract fare 98
Passenger subsidy scheme vouchers 99
Guidelines 100
Commencement and termination of journey in on‑demand rank or hail vehicle 101
Multiple hiring 102
Surcharge for non‑cash payment 103
Subdivision 2 — Other requirements for fares
Terms used 104
Fare amounts for passenger transport services using on‑demand vehicles 105
Certain fares and charges prohibited in certain declared emergencies 106
129A. Exempt areas in relation to emergency declarations 107
Subdivision 2A — Passenger Transport Subsidy Scheme (PTSS)
130A. Terms used 108
130B. CEO may issue smartcards 109
130C. CEO may pay subsidy 109
130D. Person must not provide PTSS smartcard as payment or part‑payment unless PTSS passenger 110
130DA. Driver must not refuse payment or part‑payment 110
130DB. Certain providers must not direct driver to refuse payment or part‑payment 110
130E. Driver must not accept PTSS smartcard as payment or part‑payment from person driver knows is not PTSS passenger 111
130F. Driver or provider of on‑demand booking service must not enter false or misleading information 111
130G. Driver must not cause or permit another person to enter particular information 111
130H. Provider of on‑demand booking service must not cause or permit another person to enter particular information 112
130HA. Provider of on‑demand booking service must ensure vehicle fitted with PTSS electronic device that is not a mobile phone 112
130HB. Driver must ensure vehicle contains PTSS electronic device 113
130I. False claims for payment 113
130J. Providers of on‑demand booking services to provide information about PTSS journeys 114
130K. CEO may recover subsidies paid 115
130L. CEO may approve guidelines 115
Subdivision 3 — Receipts
Subdivision 4 — Fare calculation devices
On‑demand rank or hail vehicles to be fitted with fare calculation device 117
Requirements for fare calculation devices 118
Display of information: on‑demand rank or hail vehicles 119
Division 4 — Other obligations
Driver to inform on‑demand booking service of certain matters 120
Conduct of drivers while driving vehicle to transport passengers for hire or reward 121
Assistance animals 121
Driver must accept hiring except in certain circumstances 121
No touting or soliciting for passengers 123
Offence to operate unauthorised vehicle with passenger transport vehicle number plates 123
Wheelchair accessible vehicle to be used to attend to passenger who uses or requires wheelchair first 124
Part 9 — Information
Law enforcement officials (s. 150) 125
Relevant authorities (s. 150) 125
Prescribed period (s. 152(a)) 126
Disclosure of authorisation status of driver (s. 153) 126
Prescribed information road traffic CEO must provide to CEO (s. 158) 128
Part 10 — Infringement notices and enforcement
Prescribed offences and modified penalties 129
Approved officers and authorised officers 129
Entry warrants (s. 178(2)) 130
Forms 130
Part 11 — Voluntary buyback, adjustment assistance and levy
Division 1 — Buyback payment and net loss payment
Division 2 — On‑demand passenger transport levy
Subdivision 1 — Preliminary
Subdivision 2 — General provisions relating to levy
Classes of providers of on‑demand booking services (s. 241) 133
Levy fare: general (s. 241) 134
Levy fare: on‑demand passenger transport service provided for metered fare (s. 241) 135
Levy fare: fare under multiple service agreement (s. 241) 136
Transactions relating to electric vehicles not leviable passenger service transactions 137
Exemption from requirement to pay levy for approved special events providers 137
Calculation of amount of levy payable on estimated basis (s. 247(1)) 138
Registration as taxpayer (s. 249) 140
Payment of levy 140
Returns (s. 250) 141
Records (s. 251) 141
Records: fare information 142
Records to be produced or provided to CEO or authorised officer 143
Subdivision 3 — Modifications of Taxation Administration Act 2003
Modifications of Taxation Administration Act 2003 (s. 243(2)) 144
Time limits on reassessment 144
Penalty tax not payable 144
Records relevant to objections 144
Time for lodging objections 145
Proceedings before State Administrative Tribunal 145
Time limit on refund applications 145
Proceedings for an offence 146
Service 146
Division 3 — Adjustment assistance grants
Part 12 — Miscellaneous
Review of decisions (s. 262) 147
Fees 147
Waiver of fees 149
Exemption of providers of school bus services and vehicles 149
CEO or authorised officer may require documents to be produced or provided 149
Part 13 — Transitional provisions
Division 1 — General matters
Disclosure of information about drivers’ licences (s. 293(2)) 152
Camera surveillance units installed before 2 July 2019 152
Camera surveillance units in on‑demand rank or hail vehicles in regional areas 153
Prescribed transition period for ‘F’ or ‘T’ endorsed driver’s licence (s. 294) 153
Provisions for drivers authorised to drive under s. 294 or interstate driver authorisation 154
Provisions for s. 295 of the Act 155
Provisions for s. 296 of the Act 156
Medical reports 156
Division 2 — Number plates
This is an opening excerpt, not the complete document.