Frequently asked questions

How does the point to point transport law apply to wheelchair accessible taxis?

Part 4 of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 imposes conditions which require taxi licence holders to comply with relevant safety standards, including specific standards relevant to wheelchair accessible taxis (WAT).

The Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 prescribes the safety standards which apply specifically to wheelchair accessible taxis. The Point to Point Transport Commissioner has imposed these standards as conditions on all WAT licences. The standard conditions are:

Clause 10 (Vehicle Safety Standards) – WAT vehicles must:

  • contain a space at least 1,300 mm long by 800 mm wide by 1,500 mm high for each wheelchair carried by the taxi
  • have no intrusions into that space, other than adjustable restraint devices
  • comply with Disability Standards for Accessible Public Transport
  • carry wheelchair restraints
  • be supplied with an approved child restraint

Clause 26 – the driver of a WAT must be able to demonstrate competence in safely loading, restraining and unloading a person in a wheelchair.

Clause 65(1) – a driver of a WAT must accept a hiring for a person in a wheelchair in preference to a hiring for a person not using a wheelchair.

Clause 65(2) – the driver must ensure that the wheelchair is safely secured to the vehicle throughout the hiring.

Clause 82 – a driver must not start the fare calculation device before the taxi is ready to safely transport a passenger in a wheelchair, and must terminate the hiring when the taxi stops at the destination.

In addition to the standard conditions, clauses 43 and 51 state that a wheelchair accessible taxi must be able to be booked through a wheelchair accessible taxi booking service, as approved by the Commissioner. Currently this applies to WATs in the Sydney Metropolitan Transport District only.

Do the vehicle safety standards apply to all vehicles used to transport passengers in a wheelchair?

Yes.

Note that if the WAT or wheelchair accessible hire vehicle:

  • was in use as a taxi or hire car before the commencement of the current Regulation (1 November 2017); and
  • complies with the requirements that applied to that vehicle under the Passenger Transport Regulation 2007,

the requirements to contain a space at least 1,300 mm long by 800 mm wide by 1,500 mm high for each wheelchair, and to have no intrusions into that space other than adjustable restraint devices, must be complied with by 1 November 2019.

Do drivers need to follow different fare rules for wheelchair hirings?

If you are transporting someone in a wheelchair, you must not start the fare calculation device until they are safely secured. You must stop the fare calculation device when the taxi stops at the destination and beforepassengers are unloaded. This also applies to booked trips where payment is made using the Taxi Transport Subsidy Scheme (TTSS).

When TTSS is used, a driver of a WAT vehicle receives an incentive payment from the NSW Government when they carry passengers in wheelchairs. This incentive is to improve the reliability of WAT services and cover the time taken to safely load and unload a wheelchair. The incentive is paid to WAT drivers at no cost to passengers.

For booked services where TTSS is not being used, the fare can be negotiated between the passenger and the booking service provider. The fare calculation device can be used, but does not have to be. A driver is still able to make an arrangement with the service provider to use the fare calculation device.

How does the Commissioner monitor compliance with the requirement to give preference to wheelchair hirings?

Compliance monitoring is undertaken on a regular basis to ensure that appropriate priority is given to people who use wheelchairs.

As a first step, the Commissioner uses Taxi Transport Subsidy Scheme (TTSS) data for an indication of the number of wheelchair accessible hirings a WAT has carried out.

Starting with the June 2018 quarter the Commissioner will identify the bottom two categories of performers: those in the bottom 20% (low performers) and those in the bottom 21-40% (middle to low performers). This applies to WATs which have been on issue for more than six months.

What if I am in the bottom 20% of performers?

You may receive a letter informing you that your licence has been identified as being in the bottom 20% of all WATs, and that while no action is being taken to cancel your licence at this time, your performance will continue to be monitored. The letter will explain that if your performance does not improve in the next quarter, you may be issued with a notice to show cause as to why your licence should not be cancelled.

If you receive a notice to show cause as to you why your licence should not be cancelled, you will have an opportunity to provide evidence that your WAT is performing better than the TTSS data would suggest. This might include evidence of wheelchair accessible hirings your WAT has carried out, such as your own booking records, or proof of work for community transport service providers, the Department of Veterans’ Affairs, or the Assisted School Travel Program.

What if I am in the bottom 21% to 40% of performers?

You may receive a letter informing you that your licence has been identified as being in the bottom 21-40% of all WATs, and that while no action is being taken to cancel your licence at this time, your performance will continue to be monitored. The letter will explain that if your performance falls into the bottom 20%, you may be issued with a notice to show cause as to why your licence should not be cancelled.

If you receive a notice to show cause as to why your licence should not be cancelled, you will have an opportunity to provide evidence that your WAT is performing better than the TTSS data would suggest. This might include evidence of wheelchair accessible hirings your WAT has carried out, such as your own booking records, or proof of work for community transport service providers, the Department of Veterans’ Affairs, or for the Assisted School Travel Program.

What other things might the Commissioner consider before taking compliance action?

The Commissioner may consider a range of evidence before taking action, including the number of WAT bookings, bookings refused, and the amount of time the WAT vehicle was available for hire.

In order to ensure service continuity in regional areas, the Commissioner will consider how many other licenced WAT vehicles are providing services in the area before taking compliance action.

Where can I find more information?

For more detailed information, please refer to the following policy and procedures:

What is the Passenger Service Levy?

The Passenger Service Levy is a temporary $1 levy per trip that applies to Taxi and Booking Service Providers and will be in place for up to five years. The levy will 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 new regulatory framework. Authorised Taxi Service Providers and Booking Service Providers will need to register as a taxpayer through the Industry Portal on the Point to Point Transport Commission website to submit levy returns. Payment of the levy is a condition of authorisation. 

Who pays the Passenger Service Levy?

Taxi Service Providers and Booking Service Providers are required to pay the levy. Providers may opt to pass the cost on to their customers. 

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 opened on 1 February 2018 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. Download the Passenger Service Levy User Guide.

NOTE: If you have not already provided us with 100 points of certified identification, you will need to upload it in the Industry Portal before you can register for the levy.

How is the levy calculated?

A levy of $1 applies to each passenger service transaction. If passed onto customers, the levy will attract GST. 

What is a passenger service transaction?

For Taxi Service Providers, it means $1 for every passenger service provided where a customer hails down a taxi in the street or takes a taxi from a taxi rank.

For Booking Service Providers, it means $1 for every booking for a taxi or hire vehicle which results in the provision of a passenger service.

What is not a passenger service transaction?

The levy is not payable if:

  • a passenger service is not provided (e.g. the customer cancels the booking)
  • the journey commences outside of NSW, or starts or finishes in a remote or very remote part of NSW. See map
  • the service is provided under a community transport contract with Transport for NSW
  • the service is for the transport of patients facilitated by a hospital or by or on behalf of Health Share NSW
  • the service is provided in a bus (vehicles with more than 12 seats, including the driver)
  • the service is in an ambulance
  • the service is for transport under the Assisted School Travel Program of the NSW Department of Education
  • the service is for transport of persons in custody by or on behalf of Corrective Services NSW
  • the service is not otherwise captured by the legislation, such as a courtesy service or a carpooling arrangement.

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.

Can I apply for an exemption?

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

  • If you are a small provider and carry out 150 or fewer passenger service transactions in any period of 12 months or if you only provide taxi services or booking services within, commencing or finishing in a remote or very remote area of NSW you make seek an exemption from the levy.

Am I entitled to a rebate?

If you carry out more than 150 but not more than 600 passenger service transactions in any period of 12 months you may apply for a rebate. 

How do I apply for an exemption or rebate?

To apply for an exemption or a rebate:

  • register as a taxpayer via the Industry Portal
  • provide reasons why you believe you are entitled to an exemption or rebate and upload any supporting documents

If you are applying for a rebate you will also need to complete a direct debit authorisation which will permit Revenue NSW to make deductions from your nominated bank account.

What do I need to pay if I am entitled to a rebate?

If you apply for a rebate and this is accepted you will be required to pay the levy once a year. 

For service providers who carry out more than 150 and not more than 400 passenger service transactions the annual levy payable will be $150. 

For service providers carrying out more than 400 and not more than 600 passenger service transactions the annual levy payable will be $400.

When do I need to lodge a return and there is no rebate applicable?

If you carry out more than 600 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. Download the Passenger Service Levy User Guide.

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.

Revenue NSW will deduct the levy from your nominated bank account on the 26th of each month (or the next business day if the 26th falls on a weekend or public holiday). 

 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

 

How do I count booked passenger service transactions for levy purposes?

Booking service providers must pay a $1 levy for each passenger service transaction provided in an assessment period. For most booking service providers an assessment period is one month, unless you carry out fewer than 600 passenger service transactions, which means an assessment period is one year. 

In determining how many passenger service transactions have been completed in an assessment period, it would be reasonable to expect to have to pay a $1 levy for each booked trip undertaken. The law makes it clear that if a booking is cancelled, then the levy is not payable.

The following examples illustrate how you may calculate the number of passenger service transactions you have done. These examples do not cover all possible scenarios and you may need to seek independent advice. 

  • If a single booking is taken to transport more than 1 passenger from a single pick up point, then a $1 levy is payable for that trip, even if the passengers are transported to different destinations, such as friends booking a shared taxi to their respective homes on a night out.
  • A single event, such as a phone call or email, may include multiple bookings and therefore multiple passenger service transactions and the levy would need to be paid for each separate transaction. For example:
  1. A hotel makes bookings in the same phone call for two separate groups to be transported from the hotel to the White Bay cruise terminal. In this case, the booking service provider has to pay $2, even though transport is being provided from a common pick up point to a common destination at the same time.
  2. A limousine company takes bookings from a regular client who emails through a list of advance bookings for 20 separate trips over several months. In this case, the limousine company has to pay $20.
  3. Similarly, if a client is booking a return trip to and from the airport, then $2 is payable ($1 for each leg), regardless of whether the return trip is on the same or different days.
  • If a booking is for a round trip, including if there are a number of stops along the way, and the vehicle is not available for hire to provide passenger services to anyone else during that time, then a $1 levy is payable for the whole trip. An example might be someone booking a taxi or hire vehicle to run errands and then return home.
  • Similarly, if a booking is made on a time basis, for example for an hour, half a day or for a whole day, such that the vehicle is not available for hire to anyone else, then a $1 levy is payable for that booking. An example of this would be a company booking a limousine for use by business executives for their exclusive use to travel from the airport to various meetings throughout the day. 
  • However, if a booking on a time basis spans multiple days (whether or not consecutive), then the pick up on each day of the booking constitutes a separate passenger service transaction, and $1 needs to be paid for each day. This is because it would be possible to cancel individual days.

In all of the examples above, if more than one vehicle is dispatched to fulfil the passenger service, then the $1 levy is payable for each vehicle noting that those vehicles are not available for any other hire during that period of time.

When do I count a passenger service transaction for an advance booking?

The passenger service transaction should be included in your return for the month in which the trip occurs. For example, if you take a booking on 23 April for a passenger service that takes place on 4 May, you should include this passenger service transaction in your return for the month of May (which you would be making in June).

What happens if I don’t pay in full?

Revenue NSW will be in contact to collect any overdue amount if you do not 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.

If this happens, you will be prohibited from providing taxi or booking services until your authorisation is reinstated. Fines of up to $110,000 may apply for a person who provides services without an authorisation. A body corporate convicted of providing a taxi or booking service without an authorisation for a second time may be liable for fines of up to $10,000,000. You will still be required to pay the outstanding debt, even if your authorisation has been cancelled. 

What if I disagree with an assessment?

There are four circumstances in which you can lodge an objection with the Commissioner:

  1. A mistake was made in your return which resulted in a higher assessed liability
  2. If you receive an estimated assessment and you can demonstrate that the actual number of passenger service transactions is lower than the estimated assessment
  3. A third party such as a driver, affiliated provider or other person collected the levy amount on your behalf, but has not paid the levy amount (or as otherwise agreed), and 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, or have the amount paid.
  4. You gave a third party such as a driver, affiliated provider or other person reasonable directions about collecting the levy. The levy amount was not collected by the person as you directed, and you took all reasonable steps to recover the amount such as providing written instructions and reminders relating to the collection and remitting of levy amounts, or have the amount paid.

You may not make an objection on the grounds of a third party failing to pass on the levy amount to you more than once in relation to the same person. 

You must provide written evidence to support your objection. Further information on lodging an objection will be contained in your notice of assessment. 

You must continue to pay any outstanding levy amounts and any new assessments while your objection is being considered.

If you remain dissatisfied with the outcome of your objection, you can appeal to the NSW Civil and Administrative Tribunal or the Supreme Court of NSW for further review. 

Unless the Commissioner is satisfied that there are special circumstances, 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.

Some examples of special circumstances include:

  • A serious illness or other personal emergency affecting the taxpayer or a person or persons responsible for returns for the taxpayer.
  • A failure of computing or other systems, including loss of data, affecting the taxpayer’s ability to make the objection.
  • An unforeseen occurrence or circumstance outside the control of the taxpayer.

What happens if I take a booking referral from another booking service provider?

If a booking service is referred, the booking service provider who ultimately provides the passenger service, or communicates the booking to the driver, is liable to pay the levy.

Each booking service provider will need to maintain passenger service transaction records that accurately reflect the referral.

 

What you will need to make an objection to an assessment

 

 

There are four cases in which you can object to an assessment of liability for the Passenger Service Levy. 

  1. If there is a mistake in the return which resulted in a higher assessed liability than would have been assessed if the mistake had not been made
  2. If the Point to Point Transport Commissioner makes an assessment based on an estimate of the number of passenger service transactions for the assessment period, and the assessed liability was higher than if the assessment had been determined on the basis of the actual passenger service transactions during the assessment period
  3. If the levy amount was collected by a person and the amount was not paid by that person to the taxpayer or otherwise as agreed with the taxpayer and the taxpayer took all reasonable steps to recover the amount, or to have the amount paid
  4. If the taxpayer gave the person reasonable directions as to the collection of a levy amount and the amount was not collected by the person as directed by the taxpayer and the taxpayer took all reasonable steps to recover the amount, or to have the amount paid

 

What you will need to make an objection to an assessment

Authorised service providers are required to register as taxpayers on the Point to Point Transport Industry Portal and submit a return for each assessment period (either monthly or annually, depending on the number of passenger service transactions you carry out each year). The return should include all passenger service transactions for that assessment period.  The Commissioner will issue a notice of assessment to each taxpayer setting out the levy amount payable based on the number of passenger service transactions either carried out, or estimated to have been carried out.

An estimated assessment will be issued for a specific assessment period if you are not registered, have failed to lodge a return or in circumstances where it is not reasonably practicable to determine the whole or part of the amount of levy payable based on actual passenger service transactions.  

Should you disagree with an assessment, you may be able to lodge an objection and apply to have the levy amount reassessed. Details of how you lodge an objection are set out later in this guideline.

The Taxation Administration Act 1996 and the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 contain certain requirements in relation to making objections to assessments or other decisions. In particular:

  • The grounds for the objection must be stated fully and in detail, and must be in writing
  • The person making the objection has the onus of proving the case
  • The objection must contain the following information:
    • The assessment and the assessment period that are the subject of the objection
    • Any relevant records supporting the objection, such as trip data, vehicle records, fare calculation device data and financial statements.

This means that if you wish to object to an assessment you will need detailed evidence to support your case.

Each objection will be treated on an individual basis, and may include consideration of matters beyond those outlined here, meaning that you may need evidence not described here to support an objection.

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There are four cases in which you can object to an assessment of liability for the Passenger Service Levy

1. If there is a mistake in the return which resulted in a higher assessed liability than would have been assessed if the mistake had not been made
 

When can an objection be made to an assessment if there has been a mistake in a return?

You can make an objection if a mistake was made on a return which resulted in a higher assessed liability than would have been assessed if the mistake had not been made. For example, if you accidentally put a higher number in the return, such as 750 instead of 650.

Unless the Commissioner is satisfied that there are special circumstances, an objection made because of a mistake made in the return must be lodged within 30 days of the date of the assessment. 

Some examples of special circumstances include:

  • a serious illness or other personal emergency affecting the taxpayer or person or persons responsible for returns for the taxpayer,
  • a failure of computing or other systems, including loss of data, affecting the taxpayer’s ability to make the objection, 
  • an unforeseeable occurrence or circumstance outside the control of the taxpayer.

Evidence will need to be provided if making a claim of special circumstances outside the 30 day objection period.

Evidence to support an objection in the event of a mistake in the return
  • A declaration outlining the mistake made on the original return and
  • Records or other evidence of the correct number passenger service transactions for the assessment period.

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2. If the Point to Point Transport Commissioner makes an assessment based on an estimate of the number of passenger service transactions for the assessment period, and the assessed liability was higher than if the assessment had been determined on the basis of the actual passenger service transactions during the assessment period
 

When can an objection be made to an estimated assessment?

You can lodge an objection to an estimated assessment if the assessed liability was higher than if the assessment had been determined on the basis of the actual passenger service transactions for the assessment period.

EXAMPLE: If you are not registered or do not lodge a return for an assessment period, the Commissioner will use an estimate of the number of passenger service transactions to determine your liability for the levy. If the Commissioner’s assessment is, say, $8,000, and you can demonstrate that the actual liability for the assessment period is $7,000 because you have records of your passenger service transactions for the period, then you can lodge an objection to the original assessment, provided that you have registered as a taxpayer. You cannot, however, object to the Commissioner’s decision to use an estimated assessment in the first place.

Unless the Commissioner is satisfied that there are special circumstances, an objection made on an estimated assessment must be lodged within 30 days of the date of the assessment. 

Some examples of special circumstances include:

  • a serious illness or other personal emergency affecting the taxpayer or person or persons responsible for returns for the taxpayer
  • a failure of computing or other systems, including loss of data, affecting the taxpayer’s ability to make the objection
  • an unforeseeable occurrence or circumstance outside the control of the taxpayer.

Evidence will need to be provided if making a claim of special circumstances outside the 30 day objection period.

Evidence to support an objection to an estimated assessment
  • Records or other evidence that the number of passenger service transactions for the assessment period were lower than the estimate used for the assessment.

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3. If the levy amount was collected by a person and the amount was not paid by that person to the taxpayer or otherwise as agreed with the taxpayer and the taxpayer took all reasonable steps to recover the amount, or to have the amount paid
 

When can an objection be made to an assessment if a person has collected a levy amount and not paid it to the taxpayer (or otherwise agreed)?

You can lodge an objection to an assessment if a person has collected a levy amount and not paid it to you (or as otherwise agreed) if you have taken all reasonable steps to recover the amount, or to have the amount paid.

Unless the Commissioner is satisfied that there are special circumstances, an objection made because a person has collected a levy amount and not paid it to the taxpayer (or as otherwise agreed) must be lodged within 60 days of the date of the assessment. 

Some examples of special circumstances include:

  • a serious illness or other personal emergency affecting the taxpayer or person or persons responsible for returns for the taxpayer
  • a failure of computing or other systems, including loss of data, affecting the taxpayer’s ability to make the objection 
  • an unforeseeable occurrence or circumstance outside the control of the taxpayer.

Evidence will need to be provided if making a claim of special circumstances outside the 60 day objection period.

Evidence to support an objection if a person who collected a levy amount but did not pay it to the taxpayer (or otherwise as agreed)

(i) Evidence that the person was in a position to collect a levy amount relating to the passenger service transactions for the assessment period on behalf of the taxpayer – for example if a driver, or an affiliate then:

  • proof of identity for the person – for example a copy of their driver licence
  • evidence that they are associated with the taxpayer, for example, documentation on the taxpayer’s letterhead which had been signed by the person acknowledging the association
  • evidence that the person agreed to collect the levy amount on behalf of the taxpayer, and to pay it to the taxpayer (or as otherwise agreed). For example, a copy of a signed acknowledgement by the person of policies and procedures for collecting and paying levy amounts
  • records or other evidence of passenger service transactions that they collected levy amounts for and should have passed on to the taxpayer (or as otherwise agreed)
  • evidence that the person was associated with those passenger service transactions, such as evidence of them being logged into the taxpayer’s systems at the time the passenger service transactions took place

AND

(ii) That the person collected the levy amount but did not pay the amount to the taxpayer

  • evidence that they collected the levy amount, such as a copy of a tax invoice/receipt or records from a fare calculation device which contain evidence of the levy amount being collected by the person,
  • evidence that the person did not pay the levy amount to the taxpayer,  or as otherwise agreed, (such as to an affiliated taxi service provider), for example a declaration by the taxpayer outlining the details of the circumstances

AND either (iii) OR (iv) below

(iii) The taxpayer took reasonable steps to recover the amount:

  • evidence of written notice being given to the person that a levy amount is due or outstanding, for example reminder notices
  • records of entering into (or attempting to enter into) payment arrangements for the repayment of outstanding levy amount,

(iv) The taxpayer took reasonable steps to have the amount paid, such as:

  • Evidence of attempting to recover through the bailment agreement or affiliated service provider or through having the person work off the debt
  • Evidence of attempting to deduct the outstanding amount from an account associated with the person

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4. If the taxpayer gave the person reasonable directions as to the collection of a levy amount and the amount was not collected by the person as directed by the taxpayer and the taxpayer took all reasonable steps to recover the amount, or to have the amount paid
 

When can an objection be made to an assessment if the taxpayer has given a reasonable direction to a person and they have not collected a levy amount?

You can lodge an objection to an assessment if you have given reasonable directions to a person and they have not collected the levy amount if you have taken all reasonable steps to recover the amount, or to have the amount paid. However, an objection on this ground cannot be made more than once in relation to the same person.

Unless the Commissioner is satisfied that there are special circumstances, an objection made on these grounds must be made within 60 days of the date of the assessment. 

Some examples of special circumstances include:

  • a serious illness or other personal emergency affecting the taxpayer or person or persons responsible for returns for the taxpayer
  • a failure of computing or other systems, including loss of data, affecting the taxpayer’s ability to make the objection 
  • an unforeseeable occurrence or circumstance outside the control of the taxpayer.

Evidence will need to be provided if making a claim of special circumstances outside the 60 day objection period.

Evidence to support an objection in the event that the taxpayer has given reasonable directions to a person and they have not collected a levy amount

(i) Evidence that the person was in a position to collect a levy amount relating to the passenger service transactions for the assessment period on behalf of the taxpayer – for example if a driver, or an affiliate then:

  • proof of identity for the person – for example a copy of their driver licence,
  • evidence that they are associated with the taxpayer, for example, documentation on the taxpayer’s letterhead which had been signed by the person acknowledging the association
  • evidence that the person agreed to collect the levy amount on behalf of the taxpayer, and to pay it to the taxpayer (or as otherwise agreed). For example, a copy of a signed acknowledgement by the person of policies and procedures for collecting and paying levy amounts
  • records or other evidence for passenger service transactions that they should have collect levy amounts for and passed on to the taxpayer
  • evidence that the person was associated with those passenger service transactions, such as evidence of them being logged into the taxpayer’s systems at the time the passenger service transactions took place

AND

(ii) Evidence that the taxpayer gave the person a reasonable direction as to the collection of the levy amount

  • evidence that the person was given instruction on the process for reporting on, collecting and remitting levy amounts for passenger service transactions – this could include specific instructions on certain aspects of the process such as:
    • Keeping certain records in relation to the number of trips
    • Collecting an additional amount from passengers in respect of the levy
    • That the levy be added to the total fare in a particular way (such as part of the flag-fall or to the total fare)
    • That collected levy amounts must be remitted to a taxpayer (or as otherwise agreed) in a particular way or on a particular day  
  • evidence that the person understood those instructions, such as evidence that they have completed training, or an acknowledgment that they needed to use the process and the implications of failing to follow the direction.
What might be considered reasonable when providing direction?
  • How was the direction given? Was it given in a clear and simple way? Was it given in writing? Was it reasonable?
  • Did the taxpayer have policies and procedures in place outlining the obligations on drivers in regards to levy collection and remittance? Was training provided on the policies and procedures?
  • Was the direction for a purpose directly related to the obligations of the taxpayer (i.e. counting or collecting the levy)?

AND

(iii) Evidence that the person did not collect a levy amount, such as a declaration by the taxpayer describing the circumstances, or financial records

AND (iv) OR (v) below

(iv) The taxpayer took reasonable steps to recover the amount:

  • evidence of written notice being given to the person that a levy amount is due or outstanding, for example reminder notices
  • records of entering into (or attempting to enter into) payment arrangements for the repayment of outstanding levy amount

(v)The taxpayer took reasonable steps to have the amount paid, such as:

  • Evidence of attempting to recover through the bailment agreement or affiliated service provider or through having the person work off the debt
  • Evidence of attempting to deduct the outstanding amount from an account associated with the person.
How to lodge an objection

Please note that before you can lodge an objection, you must be registered as a taxpayer with the Point to Point Transport Commissioner.

Log onto the Point to Point Transport Industry Portal at www.pointtopoint@transport.nsw.au and navigate to the Levy page to locate the Passenger Service Levy Objection to an Assessment form. The form can only be completed and submitted online. Read the Passesnger Service Levy User Guide for assistance.

To complete the form you will be required to identify the specific notice of assessment and levy assessment period about which you are objecting and upload the evidence upon which you rely to support your objection.

Determination of an objection

Section 91 of the Taxation Administration Act 1996 requires the Commissioner to consider an objection and either allow the objection in whole or in part, or disallow the objection within 90 days after receipt, unless the determination is suspended to allow additional information to be provided.

Once a determination of your objection is made, you will receive notice of the determination which will include:

  • the outcome of the determination
  • if disallowed or allowed in part only, the reasons for reaching this determination
  • the findings on material questions of fact, referring to the evidence or other material on which the findings were based
  • the Commissioner’s understanding of the applicable law
  • the reasoning processes that led the Commissioner to the conclusions and determination
  • information on your right to make an application for review the determination to the NSW Civil and Administrative Tribunal or the Supreme Court of NSW.

You also have a right to seek a review in the NSW Civil and Administrative Tribunal or the Supreme Court of NSW if the Commissioner has not determined your objection within 90 days of lodgement at any time after the end of that period.

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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.

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.

Read the Transport for NSW Taxi fares fact sheet.

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.

Read the Transport for NSW Booked Services fares fact sheet.

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.

For more information about fares, visit the Transport for NSW website.

 

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.

What is the current situation?

Only taxi service providers are permitted to provide rank and hail services in NSW. Booking service providers can only accept a hiring from a booking that has been made by phone, via an app or over the internet before the trip begins. Hire vehicle drivers who attempt to provide a rank and hail-style service face significant penalties under the law.

What has changed?

As an additional measure to ensure booking service providers only provide services from bookings, a new condition of authorisation for booking service providers has been imposed from Friday 23 November 2018.

The new condition aims to ensure a booking for a booked service takes place before a hire vehicle stops at the place where the passenger is being picked up.

An effect of this new condition is to reinforce the distinction between the passenger services permitted to be provided by booking service providers and those permitted to be provided by taxi service providers.

All booking service providers were notified of the new condition on Friday 23 November 2018.

All new booking service providers will be alerted to the new condition at the time of authorisation.

What is the new condition for booking service providers?

The new condition for booking service providers reads:

It is a condition of the authorisation of a provider of a booking service that the provider must not:

a) make a booking for a hire vehicle to provide a passenger service with the driver of the hire vehicle after the driver stops the vehicle at the place where the passenger is picked up;

b) use technology that enables bookings for a hire vehicle to provide a passenger service to be made with the driver of the hire vehicle after the driver stops the vehicle at the place where the passenger is picked up;

c) take bookings for a hire vehicle to provide a passenger service that are communicated to and accepted by the driver after the driver stops the vehicle at the place where the passenger is picked up.

Why are you making this change?

The point to point transport law makes it clear that taxis are the only mode of point to point transport that can offer rank and hail services in NSW. Hire vehicles cannot.

The primary reason for this is safety: in order to provide rank and hail services, taxis are required to have safety equipment installed over and above hire vehicles to account for the anonymity of rank and hail trips. That’s why taxis must be fitted with security cameras, fare calculation devices and, in metropolitan areas of NSW, duress alarms.

It was decided that a new condition is needed to bring greater clarity and accountability to booking service providers, to ensure their services are booked and conducted in a manner that complies with the point to point transport law.

How is ‘the place where the passenger is picked up’ defined?

The law does not contain a definition for ‘the place’ where the passenger is picked up. However, the new condition of authorisation for booking service providers makes it clear that a booking cannot take place after the driver stops the vehicle at the place where the passenger is picked up.

This new condition is consistent with a provision within the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 that says the driver of a hire vehicle must not use the hire vehicle to carry out a hiring other than for a booking made before the driver stops the vehicle at the place where the passenger is picked up.

If you believe you have evidence of a booking service provider or a hire vehicle driver operating in a way that is not consistent with either the condition or the Regulation, you can let the Point to Point Transport Commissioner know via https://www.pointtopoint.nsw.gov.au/contact

Where can I go for more information?

More information is available on the Point to Point Transport Commission website.

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