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Chain of responsibility

Who is in the chain of responsibility?
Safety duties
Chain of responsibility audits
Penalties and enforcement

Who is in the 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
  • ensuring affiliated vehicles comply with security camera requirements
  • 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
  • ensuring affiliated vehicles comply with security camera requirements
  • 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).

Chain of responsibility audits

TMR is conducting chain of responsibility audits. These audits are to assess compliance Queensland's Personalised Transport legislation.

Because the chain of responsibility framework is a new concept, TMR will initially take an inform/educate/enforce approach. However, if serious non-compliance is discovered, full penalties will apply.

Who can be audited?

Anyone in the chain of responsibility can be audited.

Booking entities will be audited first. This will give the greatest visibility of the industry's compliance to the framework.

How will I know I'm being audited?

You will receive a letter advising you are being audited. The letter will contain details of the time, date and location. It will also tell you what will be audited and what you need to do.

How can I prepare for the audit?

You can prepare for the audit by gathering together the evidence that demonstrates how you are complying with Queensland's Personalised Transport legislation.

What happens at the end?

We will let you know the outcome of the audit process. If we've identified non-compliance during the audit, you may receive a Direction to Comply notice. It will tell you further action you need to take to comply.

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 $400,350 for an individual or 30,000 penalty units or $4,003,500 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 $53,380.
  • 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 December 2019