Frequently asked questions

What is a Booking Service Provider?

If you carry on the business of taking bookings for taxis and hire vehicles to provide passenger services, you are a Booking Service Provider. This includes rideshare, hire cars and drivers taking their own bookings. Note: travel agents are not booking service providers.

For more information, read the Booking Service Providers fact sheet.
 

What is a taxi service provider?

A business that provides passenger services in a licenced taxi is known as a Taxi Service Provider under the new legislation. These services were known as taxi operators and taxi networks under the formerPassenger Transport Act 1990. A Taxi Service Provider is accountable for safety and consumer protection for all rank and hail services provided in vehicles with their branding.

For more information, read the Taxi Service Providers fact sheet.
 

What are affiliated service providers?

An Affiliated Taxi Service Provider provides a taxi service under the brand of an authorised taxi service provider, who facilitates the provision of taxi services through services including branding, security monitoring, fares and the coordination of safety management systems. If you would like to become an affiliated service provider, you will need to talk to an authorised Taxi Service Provider.

For more information, read the Affiliated Service Providers fact sheet.

Who needs to become authorised?

All providers of taxi and booking services are required to be authorised under the new point to point transport legislation in NSW. Standalone booking facilities for hire vehicles were not recognised under the former legal framework, so depending on your business model you may be covered under the law for the first time. You will need to apply for authorisation and pay the application fee through the Point to Point Transport Commission Industry Portal, via pointtopoint.nsw.gov.au

What services are captured under the new regulations?

Any vehicle transporting passengers for a fare in a motor vehicle with up to 12 seats, including the driver, is considered to be providing a passenger service. This includes taxis, hire cars, rideshare services, some tour operators and community transport providers.

There will be automatic recognition under the new law for:

  • authorised taxi networks
  • accredited taxi operators not affiliated to an authorised network
  • accredited hire car operators
  • 4WD, motorcycle tourist operators

More information: pointtopoint.nsw.gov.au

What is not a passenger service?

The following are NOT passenger services under the new laws:

  • Community transport services under contract to Transport for NSW
  • A service conducted to regular routes/timetables
  • Courtesy transport
  • Off-road services
  • Services provided under the Assisted School Travel Program of the Department of Education
  • Services for patients in an ambulance or other transport for patients that is facilitated by a hospital, or on behalf of HealthShare NSW
  • Services provided for persons in custody by or on behalf of Corrective Services NSW (NSW Prisoner Transport)
  • Car pooling

Which community transport operators are captured under the new law?

If you are providing services in vehicles with 12 seats or fewer and also providing services outside your contract with TfNSW (for community transport) you will need to become authorised as a booking service provider and if you are charging for the service, apply to be a registered taxpayer for the levy.

Services not captured under the new laws include:

  • Community transport services under contract
  • A service conducted to regular routes/timetables
  • Courtesy transport
  • Off-road services
  • Services provided under the Assisted School Travel Program
  • Services for patients in an ambulance or other transport for patients that is facilitated by a hospital, or on behalf of HealthShare NSW
  • Prisoner transport
  • Car pooling

How do I become an authorised service provider?

There are some current service providers who will be automatically transitioned under the new legislation. These service providers will be contacted by the Commission prior to 1 November. If you would like to apply to become authorised, you will need to register for access to the Point to Point Transport Commission Industry Portal. You can do so via pointtopoint.nsw.gov.au. You must also register as a taxpayer for the purpose of paying the Passenger Service Levy*.

Applicants will need to provide proof of identification (a standard 100 point check), a national police check and a company extract if an applicant is a body corporate. An authorisation fee is then applicable, depending on whether you wish to become a taxi service provider, a booking service provider or both.

Drivers do not need to be authorised under the new laws, unless they are directly taking bookings from passengers.

Note: The Passenger Service Levy does not commence until 1 February 2018.
 

Who will be automatically transitioned?

There will be automatic recognition under the new law for:

  • Authorised taxi networks
  • Accredited taxi operators not affiliated to an authorised network
  • Accredited hire car operators
  • Accredited 4WD and motorcycle tourist operators

What are the authorisation fees?

Service providers receiving automatic authorisation will have initial application fees waived. All new service providers will be required to apply for authorisation and pay the initial application fee by logging on and registering through the Point to Point Transport Industry Portal.

  • The initial application fee to become a Taxi Service Provider or Booking Service Provider is $120
  • The initial application fee to become both a Taxi and Booking Service Provider is $160

Application fees are non-refundable and all fees are payable through the Industry Portal by credit card, direct debit and B-Pay.

Annual authorisation fees will be calculated based on the total number of passenger service transactions carried out in a financial year, and range from $500 - $50,000.

For those authorised as both a Taxi and Booking Service Provider, the annual fee will be calculated by combining the number of transactions carried out by each entity.

Annual authorisation fees will be based on the following bands:

Trip Range

Fees

0 - 19,999

$500

20,000 - 49,999

$750

50,000 - 99,999

$1,250

100,000 - 499,999

$2,500

500,000 - 999,999

$5,000

1,000,000 - 2,499,999

$8,500

2,500,000 - 4,999,999

$15,000

5,000,000 -  9,999,999

$25,000

More than 10,000,000

$50,000

 

Annual authorisation fees will be waived for the first year in acknowledgment of the cost for industry to transition to the new law.

What can I do if my authorisation has been rejected?

The Commissioner may refuse an application for authorisation if it does not satisfy the general standards of authorisation. If your application is refused, you have 28 days from the day you receive the refusal notice to lodge a review application. Internal reviews will be carried out within 21 days of a review application being received.

I am an accredited taxi operator who is not currently affiliated to an authorised taxi network or booking service, what do I need to do?

You will be automatically authorised as a Taxi Service Provider and Booking Service Provider, BUT you will be required to provide updated information to the Commission. You will receive an email or letter containing your login details for the Point to Point Transport Commission Portal, where you can manage your account details and contacts.

I am a taxi operator who is affiliated to an authorised network or booking service, do I need to become authorised?

You are now regarded as an affiliated service provider and will not be required to become authorised, unless you take bookings directly from customers, in which case you will need to become an authorised Booking Service Provider.

You may wish to contact your service provider for any requirements.

I have a taxi business and want to know what I need to do to get up-and-running under the new laws

Unless you are affiliated to an authorised Taxi Service Provider, before you can offer a point to point taxi service, you need to:

  1. Register for access to the Industry Portal
  2. Apply to become authorised
  3. Register as a taxpayer with the Commission to pay the Passenger Service Levy

I am an accredited hire car, four wheel drive or motorcycle tourist service operator, what do I need to do when the new regulatory scheme starts?

Operators currently actively providing these services are now known as Booking Service Providers. You will be automatically authorised, BUT you will be required to provide updated information to the Commission. You will receive an email or letter containing your login details for the Point to Point Transport Commission Portal, where you can manage your account details and contacts.

I am an existing bus service, what do I need to do when the new regulatory scheme starts?

Accredited bus operators with vehicles seating between 8-12 people including the driver are not required to become authorised for 12 months after the new legislation commences. However, you may apply for authorisation sooner.

I have been providing transport services that previously did not need to be accredited. Do I now need to apply for authorisation?

All providers of taxi and booking services are required to be authorised under the new point to point transport legislation in NSW. Standalone booking facilities for hire vehicles were not recognised under the former legal framework, so depending on your business model you may be covered under the law for the first time. You will need to apply for authorisation and pay the application fee through the Point to Point Transport Commission Industry Portal, via pointtopoint.nsw.gov.au

What are the conditions of authorisation?

Once authorised, you are responsible for ensuring your business operates legally and complies with any conditions of your authorisation. The following standard authorisation conditions apply for both Taxi Service Providers and Booking Service Providers:

  1. Compliance with safety standards
  2. Meeting all record keeping requirements, in a form that is accessible from or can be made available in NSW
  3. Compliance with the Passenger Service Levy*
  4. Providing written notice to the Commission within 7 days of any change of business address, and
  5. Providing written notice to the Commission within 21 days of changes to nominated managers or directors (for an authorisation held by a body corporate)

Penalties of up to $110,000 apply for anyone providing an unauthorised taxi or booking service, while drivers will face penalties if they take bookings or carry out passenger services from unauthorised service providers. Penalties are much higher for subsequent offences.

Note: The Passenger Service Levy does not commence until 1 February 2018.

For more information, read the Conditions of Authorisation fact sheet.

What requirements are unique to Booking Service Providers?

If you carry on the business of taking bookings for taxis and hire vehicles to provide passenger services, you are a booking service provider. This includes drivers taking their own bookings.

Before you can take bookings to offer a point to point transport service, you must:

You will also need to Register as a taxpayer with the Commission to pay the Passenger Service Levy*

There are some requirements that are unique to Booking Service Providers under the new legislation.

  • You must give passengers driver and vehicle details at the time of booking
  • You must ensure hire vehicles have signage that clearly identifies them
  • Records of all passenger service transactions must be kept for at least two years

*Note: The Passenger Service Levy does not commence until 1 February 2018.

What requirements are unique to Taxi Service Providers?

A business that provides passenger services in a licenced taxi is known as a Taxi Service Provider under the new point to point legislation in NSW.

Unless you are affiliated to an authorised Taxi Service Provider, before you can offer a point to point taxi service you must:

  • Register for access to the Industry Portal
  • Apply for authorisation
  • Register as a taxpayer with the Commission to pay the Passenger Service Levy*

There are some requirements that are unique to Booking Service Providers under the new legislation.

  • Only taxis can pick up customers from ranks or be hailed in the street
  • Taxis must have a roof light and sign displaying the word ‘TAXI’
  • Duress alarms and vehicle tracking systems need to be installed in all taxis operating in Sydney, Wollongong, the Central Coast and Newcastle
  • New specifications for fare calculation devices (meters) and security cameras will be phased in by late 2018

*Note: The Passenger Service Levy does not commence until 1 February 2018.

Under what conditions can the Commissioner vary, suspend or cancel a provider’s authorisation?

The Commissioner can vary, suspend or cancel an authorisation if the provider:

  • doesn’t comply with the general standards outlined in the Point to Point Transport Regulations
  • fails to comply with any conditions imposed on their authorisation
  • fails to comply with the law and regulation
  • is providing a service that may cause danger to the public

If a provider is dissatisfied with a decision to vary, suspend or cancel their authorisation, the provider may apply for an internal review or appeal directly to the NSW Civil and Administrative Tribunal. If the provider remains dissatisfied with the outcome of an internal review, the provider can appeal to the NSW Civil and Administrative Tribunal for a further review

As an Authorised Service Provider, what is my duty of care?

All service providers are responsible for the health and safety of drivers and others. Service providers must:

  • Eliminate risks to safety so far as is reasonably practicable or,
  • Minimise risks so far as is reasonably practicable.

‘Reasonably practicable’ means doing what is reasonably able to be done to ensure health and safety. Service providers should take into account:

  • The likelihood of the hazard or risk occurring
  • The degree of harm from the hazard or risk
  • What you know or reasonably should know about ways of eliminating or minimising the hazard or risk
  • The availability and suitability of ways to eliminate or minimise the risk
  • The cost

You will need to establish a safety management system that will detail how you identify, record and manage any risks associated with your services, and how you meet the new safety standards.

What is a safety management system?

A safety management system will detail how you identify, record and manage any risks associated with your services, and how you meet safety standards outlined in the new regulatory framework. The Commission will rely on details in your safety management system to determine whether your business is meeting its legal obligation to provide the safest possible service. Your system should be unique to your business.

How it works:

  1. Identify all the safety risks. For example, accidents and near misses due to driver fatigue
  2. Assess the risk. You should take steps to understand how serious the harm could be, and the likelihood of it happening. Documents any discussions, make note of your risk assessment and any decisions made about how to eliminate, control or minimise the risk in future
  3. Control the risk. Look at how to eliminate or minimise the risk.

What specific standards are Booking Service Providers responsible for ensuring drivers meet?

As a Booking Service Provider you have a duty of care to ensure the health and safety of drivers, passengers and other people connected with your service. For example, you must ensure that any safety equipment in the vehicle is working and the driver knows how to use it.

There are specific standards that as a Booking Service Providers that you are responsible for ensuring drivers meet:

Driver competency

Authorised service providers must ensure drivers of wheelchair accessible vehicles are appropriately licensed and are competent in safely loading, transporting and unloading passengers in wheelchairs.

Information for customers

Booking Service Providers must ensure their customers are provided with information identifying the driver and vehicle that will pick them up.

If a request is made for a wheelchair-accessible vehicle, the customer must also be provided with an estimated time of arrival.

 

What specific safety standards are Taxi Service Providers responsible for ensuring drivers meet?

As a Taxi Service Provider you have a duty of care to ensure the health and safety of drivers, passengers and other people connected with your service. For example, you must ensure that any safety equipment in the vehicle is working and the driver knows how to use it.

Taxi Service Providers are responsible for ensuring drivers meet the following specified safety standards

Driver competency

Authorised service providers must ensure drivers of wheelchair accessible vehicles are appropriately licensed and are competent in safely loading, transporting and unloading passengers in wheelchairs.

Driver identification

Taxi Service Providers must ensure drivers have an identity document showing their photograph and identification number.

They also have to provide a device that allows the ID document to be prominently displayed inside a taxi.

English language standards (Sydney)

Taxi drivers in Sydney must have sufficient competence in English to be able to communicate with passengers.

What is the Passenger Service Levy?

From 1 February 2018, authorised taxi service providers and booking service providers will be liable to pay a temporary levy of $1 per trip. Payment of the levy is a condition of authorisation.

The levy will be in place for up to five years to help fund the NSW Government’s industry adjustment assistance package of up to $250 million, designed to help taxi and hire car licence holders adjust to the industry changes.

Who pays the Passenger Service Levy?

The levy is payable by taxi service providers and booking service providers, including taxis, hire cars, rideshare and others providing passenger services for a fare in vehicles with 12 seats or less (including the driver).

This means there is a level playing field across industry when it comes to accounting for the levy in business planning.

How do I register as a taxpayer for the levy?

Taxi and booking service providers will need to register as a taxpayer within 7 days of becoming liable to pay the levy. Registration opens on 1 February and can only be done through the Industry Portal. You will need to provide:

  • A direct debit authorisation which will permit Revenue NSW to make deductions from your nominated bank account
  • An estimate of the number of passenger service transactions that you expect to carry out during the next 12 months
  • Details of a person who can be contacted about the levy

Registration opens on 1 February and can only be done through the Industry Portal. Even if you do not register as a taxpayer, if you are providing taxi or booking services you are still obliged to pay the levy. In these circumstances, the Commissioner will issue you with an estimated assessment of your levy liability.

How is the levy calculated?

For taxi service providers, it means $1 for every ‘passenger service transaction’ provided as a result of the taxi being hailed in the street or taken from a taxi rank. For booking service providers (including for booked taxis), it means $1 for every booking which results in the provision of a ‘passenger service transaction’.

What is a passenger service levy transaction?

A passenger service transaction is when a passenger service is provided from:

  • A taxi hailed from the street, or
  • A taxi caught from a rank, or
  • A booking for a taxi or hire vehicle made over the phone, using the internet, via an app or by any other means, and
  • When the journey commences in New South Wales

Can I pass the levy on to customers?

It is up to each service provider to decide whether to absorb the levy, or to pass it on to customers. If you choose to pass the levy onto customers (for example, as an addition to their fare), it will attract GST.

Transport for NSW will publish a new taxi fares order under the Point to Point Transport (Taxis and Hire Vehicles Act) 2016 to enable taxi service providers to pass on the cost of the levy to passengers.

Special circumstances and exemptions

There are a number of reasonable exemptions in place to help ease the burden on industry wherever possible. The levy is not payable if:

  • A passenger service transaction is not provided (for example, the customer cancels the booking)
  • The service provider carries out fewer than 150 passenger service transactions per year
  • The journey commences outside of New South Wales, or starts or finishes in a remote or very remote part of NSW (see map)

Other exemptions include services provided:

  • Under a community transport contract with Transport for NSW
  • For the transport of patients facilitated by a hospital or by or on behalf of Health Share NSW
  • In a bus (vehicles with more than 12 seats, including the driver)
  • For the transport of patients by the Ambulance Service of NSW or another ambulance service authorised under the Health Services Act 1997
  • Under the Assisted School Travel Program of the NSW Department of Education
  • For the transport of persons in custody by or on behalf of Corrective Services NSW, and
  • Services not otherwise captured by the point to point transport legislation, such as a courtesy service or a car pooling arrangement.

Lodging a return

If you carry out 600 or more passenger service transactions in any period of 12 months, then on or before the last day of each month you will need to tell us how many passenger service transactions you carried out during the preceding month. Log into the Industry Portal and complete the Passenger Service Transactions Return.

What if I don’t lodge a return?

If you fail to provide details of the number of transactions carried out for an assessment period, the Point to Point Transport Commissioner will make an estimated assessment of your liability.

How do I know what to pay?

Monthly levy payments are calculated on the basis of your return, or an estimated assessment. You will be issued with a Notice of Assessment telling you how much you need to pay.

 Passenger Service Transactions per year  Amount payable $
 1 - 150 passenger service transactions per year  $0
 151 - 400 passenger service transactions  per year  $150 total, payable annually
 401 - 600 passenger service transactions per year  $400 total, payable annually
 600 + passenger service transactions per year  $1 per passenger service transaction, calculated and paid monthly

Payment collection will be managed by Revenue NSW. Service providers will need to nominate a bank account and ensure enough funds are available to allow for the payment to be debited on the 26th of each month (or the next business day if the 26th falls on a weekend or public holiday).

What happens if I don’t pay in full?

Payment of the levy is a condition of authorisation, and failure to comply may result in the Commissioner taking steps to vary, suspend or cancel your authorisation.

What if I disagree with an assessment?

If you have an objection to your levy assessment, you can have the decision reviewed by lodging an objection with the Point to Point Transport Commissioner and providing evidence to support your objection. Objections can only be lodged in certain circumstances, such as if:

  • A mistake was made in your return
  • If an assessment based on an estimate exceeds what would have been assessed if the assessment had been determined on the basis of actual passenger service transactions in the assessment period
  • A third party such as a driver, affiliated provider or other person collected the levy amount on your behalf. You have taken all reasonable steps to recover that amount such as providing written instructions and reminders relating to the collection and remitting of levy amounts, but you have been unable to obtain the amount due.

If you remain dissatisfied with the outcome, you can appeal to the NSW Civil and Administrative Tribunal or the NSW Supreme Court for further review. You must lodge your objection within 30 days of the initial assessment (if a mistake was made in your return) or within 60 days (if the issue is with third party collection).

Are customers being told about the levy?

To help passengers understand the levy, its purpose and its likely effect on fares, Transport for NSW is rolling out a customer awareness campaign from mid-January until the end of February.

As a driver, do I need a driver’s authority?

No. Authorised service providers must ensure their drivers meet new safety standards. This process replaces the driver authorisation scheme under the old legislation, meaning driver authorities are a thing of the past and will no longer be issued by the NSW Government.

Anyone who held a driver authority immediately prior to the commencement of the legislation will automatically be recognised as meeting the safety standards under the Regulation. Roads and Maritime Services will be writing to these drivers about what will happen next.

Taxi drivers are required to display an identification document provided by the Taxi Service Provider. This can be in the form of a card or electronic document containing the following: a photograph of the driver; an identification number provided by the taxi service provider.

What are the eligibility requirements for a driver?

Anyone wanting to become a taxi or hire vehicle driver must be licensed and must pass medical and criminal background checks to ensure they are providing a safe service to customers. To be eligible, drivers must:

  • Have held an unrestricted Australian driver licence (not a probationary licence) for at least 12 months in the preceding two years
  • Meet medical standards for commercial vehicle drivers

Ineligible drivers for taxis and hire vehicles include anyone whose driver authority was cancelled (other than on medical grounds), or their application was refused, in the past 10 years on the grounds that they were not a fit and proper person and anyone who has committed certain offences, which can be found in the Regulation.

As a driver, you have a duty of care to take reasonable care of the health and safety of yourself, passengers and others. You must comply with all reasonable policies and directions of authorised service providers. This includes safety standards relating to driver licence requirements, driving and criminal records, competence and medical fitness requirements.

Significant penalties apply if a driver fails to comply without a reasonable excuse.

Details about the changes being introduced to driver licensing requirements, including medical assessments, for point to point transport drivers will soon be made available on the Roads and Maritime Services (RMS) website.

Who is ineligible to drive taxis or hire vehicles?

Anyone wanting to become a taxi or hire vehicle driver must be licensed and must pass medical and criminal background checks to ensure they are providing a safe service to customers. You are ineligible to drive a taxi or hire vehicle if:

  • Your driver authority was cancelled (other than on medical grounds), or an application refused, in the past 10 years on the grounds you were not a fit and proper person
  • You have committed a certain offence

What is a driver’s duty of care?

Taxi and Booking Service Providers have a duty of care to ensure the health and safety of drivers and passengers.

As a driver, you have a duty of care to take reasonable care of the health and safety of yourself, passengers and others. You must comply with all reasonable policies and directions of authorised service providers. This includes safety standards relating to driver licence requirements, driving and criminal records, competence and medical fitness requirements.

Significant penalties apply if a driver fails to comply without a reasonable excuse.

What responsibilities do authorised Taxi and Booking Service Providers have to drivers?

All service providers are responsible for ensuring drivers:

  • Have held an unrestricted Australian driver licence for at least 12 months in the preceding two years
  • Meet medical standards for commercial vehicle drivers

Service providers also have a duty of care to ensure the health and safety of drivers, which includes ensuring drivers comply with the new safety standards for drivers and vehicles.

What are the changes to driver medicals?

Drivers must meet medical standards for commercial vehicle drivers and their medical fitness is now managed through their driver licence. Drivers who held a driver authority under the previous laws will receive a letter from Roads and Maritime Services to notify them of the transition arrangements.

Note: Drivers won’t appear in the Driver Vehicle Dashboard until their driver licence record has been updated with the new Passenger Transport licence code.

How are you going to enforce compliance?

Because the new laws focus on what the companies are doing to ensure safety standards are met, our focus will be on their systems and what they are doing to keep their services safe, rather than on trying to have a cop on every corner chasing down drivers.

While our initial focus is on education and partnering with industry to promote compliance, where necessary, we will take enforcement action.

This includes:

  • issuing improvement and prohibition notices
  • issuing penalties
  • prosecution, and
  • taking action against authorisations and licences which may include imposing conditions or cancellation.

In deciding what enforcement action to take, we will consider factors including the seriousness of the offence, the level of safety risk, prior history and the level of public interest.

What is the audit process? Who will be conducting the audits? Who has to pay?

All authorised service providers, whether small or large, will be subject to safety audits.

The Commission will employ qualified external auditors, trained in understanding the needs and diversity of the point to point transport industry.

In some instances the Commission will pay for the audit, and in others the service providers will be required to cover costs. 

The Commission has produced a Safety Audit Tool and Fact Sheet, which may help you to determine the kinds of safety standards we will be monitoring. And as time goes on, we will also publish best practice examples on our website for others to review. 

The audit program is risk-based and led by intelligence. This means that we will use the information available to us to decide when and where to conduct audits. This approach will become more streamlined and targeted in the coming months, as we gather more information and feedback from industry.

An audit must be organised and completed within a 6 week period, and an audit notice must be issued to a service provider more than 24 hours in advance. The notice will be made in writing, will explain the purpose of the audit and provide general information on what will be audited and what information the service provider should prepare.

Note: an audit notice can only be issued by the Point to Point Transport Commissioner, and/or Authorised Officers.

How do we report people doing the wrong thing?

If you see someone doing the wrong thing, you should report it to the relevant authorised service provider.

Certain accidents or incidents (called notifiable occurrences) must be reported to the Point to Point Transport Commissioner.

I have received a letter from the Point to Point Transport Commission to advise I will not be automatically transitioned to the new laws. 
Why did I receive this?

The Point to Point Transport legislation provides for automatic transition to an authorised service provider for certain people who were accredited or authorised  under the Passenger Transport Act 1990 (the 1990 Act), providing the Point to Point Transport Commissioner is satisfied that immediately prior to 1 November 2017:

  • The person (including a corporation and partnerships) was accredited or authorised under the 1990 Act as:
    • a private hire vehicle operator, or
    • a tourist service (motor cycle or 4WD) operator, or
    • a taxi-cab operator who was not affiliated with a taxi-cab network authorised under the 1990 Act, or
    • a taxi-cab network, and
  • The person carried on the business of providing the service concerned.

Approximately 13,000 accredited taxi, hire car and tourist service operators were affected in different ways by these transitional rules.

Commission staff conducted a thorough review of Roads and Maritime Services records to determine whether an accredited operator or authorised taxi network was eligible for automatic transition. This included contacting those operators to find out whether they were still in business and whether they met the requirements of the transitional rules.

Not all previously accredited operators qualify for automatic transition, such as:

  • accredited operators who were not carrying on the business related to their accreditation immediately before 1 November 2017.
  • a person (including corporation or partnership) who was originally accredited under the 1990 Act in one name (legal entity) and now carries on the business under a different name (separate legal entity).

Additionally some previously accredited operators will not need to be authorised under the new laws, these being:

  • operators who do not taking bookings directly from customers (the law only requires a person who take bookings from customers to be authorised). For example, someone providing hire car services but not taking bookings directly themselves does not need to be authorised as a service provider by the Commissioner. As long as they comply with safety standards in the Regulation, they can continue to operate. It is the booking service provider from whom they obtain bookings that needs to become authorised.
  • taxi operators who are affiliated to a taxi network (in such circumstances only the taxi network needs to be authorised)

Commission staff will contact those operators who have queried whether they should be transitioned over, after these cases have been reviewed in line with the transitional rules. People who remain ineligible for automatic transition are still able to apply for authorisation if they are taking their own bookings. 

 

I believe I am eligible for automatic transition as an authorised service provider under the new law.
How do I query the advice that I will not be automatically transitioned?

The Point to Point Transport legislation provides for automatic transition to an authorised service provider for certain people who were accredited or authorised  under the Passenger Transport Act 1990 (the 1990 Act), providing the Point to Point Transport Commissioner is satisfied that immediately prior to 1 November 2017:

  • The person (including a corporation and partnerships) was accredited or authorised under the 1990 Act as:
    • a private hire vehicle operator, or
    • a tourist service (motorcycle or 4WD) operator, or
    • a taxi-cab operator who was not affiliated with a taxi-cab network authorised under the 1990 Act, or
    • a taxi-cab network, and
  • The person carried on the business of providing the service concerned.

Commission staff have conducted a thorough review of Roads and Maritime Services records to determine whether an accredited operator is eligible for automatic transition.

If you have been deemed ineligible under the transition rules and would like query the determination, you can contact the Commission. To assist with re-determining your eligibility for automatic transition under the Point to Point legislation, you will be required to provide evidence of the following:

  • that you were accredited under the 1990 Act – provide a copy of your Operator Accreditation Certificate, or a copy of the letter from the Commission stating that you are not eligible to be automatically transitioned, and
  • that the service was available to the public - provide copies of any current or recent advertisements, website or social media accounts, and
  • that you were actively carrying on the business of providing the service immediately before 1 November 2017 – provide trip records for a minimum of 5 of the most recent services provided including dates, times and journey details.

Some previously accredited operators will not need to be authorised under the new laws, these being:

  • operators who do not taking bookings directly from customers (the law only requires a person who take bookings from customers to be authorised). For example, someone providing hire car services but not taking bookings directly themselves does not need to be authorised as a service provider by the Commissioner. As long as they comply with safety standards in the Regulation, they can continue to operate. It is the booking service provider from whom they obtain bookings that needs to become authorised.
  • taxi operators who are affiliated to a taxi network (in such circumstances only the taxi network needs to be authorised)

Please note: Drivers do not need to be authorised by the Commissioner under the new laws, unless they are directly taking bookings from passengers. However, they will need to meet new safety standards.

Standalone booking facilities for hire vehicles were not recognised under the former legal framework, so depending on your business model you may be covered under the law for the first time and you will need to apply to become authorised.

 

I received a letter to say that I will not be automatically transitioned as a service provider. How do I apply for authorisation?

If you have received advice from the Commission that you are not being automatically transitioned you should first consider whether it is because you do not need to become authorised.

If, however, you are taking your own bookings and would like to become authorised you are still able to apply for authorisation here.

Please contact us if you have any questions or require further advice.

 

What are the changes to taxi fares?

Under the new laws, booked taxi trips will no longer be subject to a regulated maximum fare, helping to level the playing field for all point to point transport service providers. The service provider will need to provide a fare estimate to a customer before the trip.

Fare for rank and hail taxi services will remain regulated and will be set by Transport for NSW. This means that taxi service providers cannot charge more than the authorised fare for passengers collected from a taxi rank, or who hail a taxi from the street. A new fares order will be published prior to 1 November.

What are the changes to fares for booked services?

Under the new laws, fares for booked services (including booked taxi services, traditional hire car, ridesharing and similar services) will be substantially deregulated. This means that booking service providers will be able to set their own fares.

What information do I need to give to passengers about fares?

A taxi service provider must ensure that information about the fares and charges payable is available to passengers on any website maintained by the provider, and made available at the customer’s request. They must also ensure that the following information is displayed in the taxi:

  • Fares
  • Any additional tolls, fees and charges and
  • Any differential pricing that may apply due to the time of day

A taxi providing rank and hail services will also need to be fitted with a fare calculation device (such as a meter).

Booking service providers need to provide a fare estimate to a customer before a trip commences. This applies to taxis, hire care, rideshare or similar vehicles.  A fare estimate must be based on rate per distance; rate per time; flat rate or a combination of these. The estimate must be in Australian dollars, and a service cannot start until the customer has agreed to the estimated fare.  The provider must also provide information about when the fare may be varied and the amount of the variation or how any variation is to be calculated. 

A person must not commence to provide a related booked service to a passenger unless the fare estimate for the journey has been accepted by or on behalf of the passenger.

 

What is the Point to Point Transport Commission Industry Portal?

The Point to Point Transport Commission Industry Portal is a purpose-built online tool that will allow service providers to:

  • Apply to become authorised
  • Manage their accounts, and
  • Monitor drivers and vehicles in their fleets through the Driver Vehicle Dashboard

The Industry Portal can be accessed via pointtopoint.nsw.gov.au

Current authorised service providers may be eligible to be automatically transitioned to the new law, in which case they will receive a login for the portal prior to 1 November. New service providers will need to register for Industry Portal access via pointtopoint.nsw.gov.au

What is the Driver Vehicle Dashboard?

The Driver Vehicle Dashboard is an online portal designed to help authorised service providers monitor driver eligibility, vehicle registration status and more. It is convenient, easy to use and economical and we recommend you consider using it as part of your safety management system.  

You can access the dashboard by logging into the Industry Portal at pointtopoint.nsw.gov.au If you don’t have a login, you will need to register to become an Authorised Service Provider before you can use the dashboard.

 

 

What is happening with bus lanes?

Existing arrangements will continue with regards to bus lane access for taxis.  

It is not feasible to permit all booked hire vehicle services – which also includes rideshare services – to access special purpose lanes such as bus lanes. This would significantly increase congestion in these lanes and impact on the services provided by buses.

Licenced hire cars, with HC number plates will retain access to bus lanes until 2020.

Will costs for insurance and Greenslips be the same across the industry?

Any vehicle used for point to point services will need to have appropriate registration and third party property damage insurance. Under the new laws, it will be illegal for Authorised Service Providers to allow vehicles without appropriate insurance on their platform.

The NSW Government is reforming Compulsory Third Party (CTP) motor vehicle insurance for point-to-point vehicles to create a level playing field for taxis, hire cars and ride sharing vehicles.

Once the changes come into effect, premiums paid by point-to-point transport vehicle owners will be based on usage. Vehicles that are on the road more regularly will pay higher premiums.

More information:  State Insurance Regulatory Authority (SIRA)  sira.nsw.gov.au

Point to Point Transport Commission

Send your enquiries using our Contact Us feedback form or call our Industry Contact Centre on 131 727, Monday to Friday, from 8am to 5pm (excluding public holidays).
 

Where can I find copies of the Act and Regulations?

Point to Point Transport (Taxis and Hire Vehicles) Act 2016
Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017

Who do I contact?

Contact Transport for NSW if your enquiry is about:

  • Industry Adjustment Assistance Scheme
  • Policy
  • Taxi licence numbers, maximum fares
  • Review of Taxi Transport Subsidy Scheme

Contact Roads and Maritime Services if your enquiry is about:

  • Managing driver licensing, including the Passenger Transport licence code for medical standards
  • Vehicle registration

Contact the State Insurance Regulatory Authority if your enquiry is about:

  • Compulsory Third Party (green slip) Insurance.

 

 

 

 

Finding a secure taxi rank

Secure taxi ranks operate late on Friday and Saturday nights in busy locations across the state.

Security guards are on duty to ensure the safety of customers and drivers. The government has also introduced the option for drivers to ask customers to pre-pay, in Kings Cross, Surry Hills and the Sydney CBD. The security supervisors will help with the estimation of the fare.

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