Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017.
(1) This Regulation commences on the commencement of the provisions referred to in section 2(1) of the Act (other than Schedule 4 to the Act) and is required to be published on the NSW legislation website, except as provided by subclause (2).(2) Schedule 3 to this Regulation commences on the commencement of Schedule 4 to the Act.
(1) In this Regulation—affiliated service means a taxi service provided by an affiliated provider.approved security camera system means a security camera system that complies with requirements established for the time being by TfNSW by order published in the Gazette.approved vehicle tracking device means a vehicle tracking device that complies with requirements established for the time being by TfNSW by order published in the Gazette.means authorisation to provide a taxi service or a booking service.for the hiring of a taxi means—drive a vehicle includes cause or allow the vehicle to stand.driver licence has the same meaning as in the Road Transport Act 2013.duress alarm system, in relation to a taxi, means a system by which the driver of the taxi can, in a discreet manner, notify the location of the taxi to another person or place.facilitator of an affiliated service means the provider of a taxi service from whom the affiliated provider obtains services to facilitate the provision of the affiliated service.fares order means an order made by TfNSW under section 76 of the Act.Metropolitan transport district means the Metropolitan transport district established under section 108 of the Transport Administration Act 1988.Newcastle transport district means the Newcastle transport district established under section 108 of the Transport Administration Act 1988.nominated manager includes a manager nominated by an entity under clause 34.notifiable occurrence has the same meaning as it has in section 24 of the Act.passenger service transaction means—(a) in the case of the provider of a booking service, taking a booking for a taxi or hire vehicle to provide a passenger service to a person (whether the passenger service is to be provided by the provider who takes the booking or another person), or(b) in the case of the provider of a taxi service, the provision of a taxi service to a passenger (other than as a result of the taking of a booking by the provider of the taxi service).peak availability licence means a taxi licence of category TX05, TX06, TX06A or TX 12 Annual that was in force immediately before the commencement of Part 4 of the Act and was continued in force by the Act., in relation to a booking service, means the transport of a passenger by the provider of a passenger service as a result of a booking taken by the booking service.security camera system means a system that records images of persons in or about a taxi.stand-by taxi means a motor vehicle that is, in accordance with section 49 of the Act and this Regulation, being used in place of a taxi that is out of operation for repair or service.Sydney Airport precinct means the area known as the Sydney (Kingsford-Smith) Airport, bounded by Airport Drive, Qantas Drive, Joyce Drive, General Holmes Drive, Marsh Street and the M5 Motorway.taxi zone has the same meaning as in the Road Rules 2014 and includes a taxi zone appointed under clause 93.the Act means the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.vehicle tracking device means a device by which the location of a taxi can be followed by using the vehicle tracking system operated by the provider of the taxi service or by another taxi service provider on behalf of the provider.wheelchair accessible hire vehicle means a hire vehicle that has wheelchair access.wheelchair accessible taxi means a taxi that has wheelchair access.Wollongong transport district means the Wollongong transport district established under section 108 of the Transport Administration Act 1988.Note.The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) For the purposes of this Regulation, a vehicle is being used to provide a passenger service if—(a) the vehicle is being used to transport a passenger for the purposes of providing a passenger service or is travelling to pick up a passenger for that purpose, or(b) the person driving the vehicle or a provider of a passenger service has indicated to the provider of a booking service, by logging into a dispatch or booking system or by other means, that the vehicle is available for hire, or(c) the person driving the vehicle or a provider of a booking service is taking bookings on the basis that the vehicle is available for hire, or(d) the vehicle is a taxi plying or standing for hire on a road or road related area.(3) Notes included in this Regulation do not form part of this Regulation.
4 Certain service facilitators and other persons to be booking service providers
(1) For the purposes of section 7(4) of the Act, an individual or body corporate is taken to be the provider of a booking service if they carry on the business of providing any of the following services—(a) technology services that facilitate or enable bookings for passenger services,(b) marketing services in connection with facilitating or enabling bookings for passenger services,(c) recruitment, assessment, monitoring, disciplinary or other management services relating to drivers used or proposed to be used for related booked services,(d) complaint management services relating to related booked services and fares for related booked services.(2) Subclause (1) does not apply to an individual or body corporate if an authorisation is held by another individual or body corporate constituted or recognised under a law of Australia to provide the booking service in connection with which the services are provided.(3) An individual that is the nominated manager of an entity prescribed for the purposes of section 30(1)(d) of the Act (a prescribed entity) is taken to be the provider of a booking service.(4) An individual or body corporate that is the provider of a booking service because of this clause is exempt from Part 3 of the Act in respect of the booking service if—(a) an authorisation to provide the booking service in connection with which a service specified in subclause (1) is provided or for which the person is a nominated manager is held by a prescribed entity, and(b) the authorisation is not suspended.(5) An individual or body corporate that is the provider of a booking service because of this clause is exempt from any other provision of the Act or this Regulation that applies to or in respect of a provider of a booking service (other than Part 1, Division 2 of Part 7 and Parts 8, 10 and 11 of the Act and this clause and clause 92) if the applicable requirements of that provision are complied with in relation to the booking service by a prescribed entity.