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Chain of responsibility

The chain of responsibility framework sets out the legal obligations of each participant in the personalised transport supply chain, with a strong focus on improved safety outcomes.

The 'chain of responsibility' includes:

  • operators
  • licence holders
  • drivers
  • registered operators of vehicles
  • booking entities
  • local nominees of foreign booking entities.

Booking entity

  • taxi booking companies
  • booking platforms and apps
  • operators who run their own business

Operator

  • taxi operators (including management companies)
  • limousine operators
  • ride-booking operators

Driver

  • taxi drivers
  • limousine drivers
  • ride-booking drivers

The Department of Transport and Main Roads (TMR) can audit any person in the 'chain of responsibility’ to assess a person’s compliance with relevant transport legislation and verify information given to the department. For example, we may investigate a person in the 'chain of responsibility' to ensure appropriate systems are in place for managing driver fatigue and other safety risks.

Safety duties

The main safety duties will include:

  • Primary safety duty – a primary duty of care is to ensure, as far as reasonably practicable, the safety of the person’s activities relating to providing the service. The level and nature of a person’s duty depends on the person’s functions, the nature of the safety risk and the person’s ability to control, eliminate or minimise the risk.
  • Fatigue management duties – duties to manage driver fatigue apply to ensuring the safety of taxi and booked hire services.

Specific obligations related to safety also apply to the provision of taxi, limousine and ride-booking services under relevant transport legislation. These include:

Requirements of booking entities

Booking entities’ responsibilities under the chain of responsibility include:

  • meeting driver fatigue management requirements
  • ensuring that drivers hold and maintain Driver Authorisation (Driver Authorisations can be checked in the driver authorisation public register
  • ensuring drivers are trained to government-set standards in relation to disability awareness, anti-discrimination (including sexual harassment) and the provision of wheelchair accessible services
  • facilitating approved security camera downloads on behalf of operators
  • ensuring that all vehicles are licensed and compliant
  • provide required data to TMR.

Requirements of Operators

Operator’s responsibilities include:

  • meeting driver fatigue management requirements
  • ensuring that drivers hold and maintain Driver Authorisation 
  • ensuring drivers are trained to government-set standards in relation to disability awareness, anti-discrimination (including sexual harassment) and the provision of wheelchair accessible services.
  • ensuring personalised transport services operate under a taxi, limousine or booked hire service licence
  • vehicle maintenance 
  • ensuring safety requirements.

Drivers 

  • Drivers must:
  • be affiliated with an authorised booking entity to provide personalised transport services
  • hold and maintain the appropriate driver authorisation
  • be trained to government set standards in relation to disability awareness, anti-discrimination (including sexual harassment) and the provision of wheelchair accessible services
  • meet driver fatigue management requirements
  • produce records of bookings for services if requested by TMR (this applies only to ride-booking and limousine drivers – it does not apply to taxi drivers).

Penalties and enforcement

Significant financial and non-financial penalties apply for non-compliance, including:

  • For a breach of primary duty of care and officer liability provisions, significant financial penalties apply (up to 3,000 penalty units or $391 650 for an individual or 30,000 penalty units or $3,916, 500 for a corporation where there is reckless conduct).
  • Non-financial penalties for booking entities and operators include the suspension or cancellation of their booking entity authorisation or licence.
  • For repeat offenders of eligible offences, financial penalties gradually increase up to a maximum of 400 penalty units or $52,220.
  • Where a driver is convicted of an eligible offence three times within a 3 year period, an immediate 1-month driver licence suspension applies.

 

Last updated
05 March 2019