Glossary of terms

Affiliated Provider

Affiliated providers are a kind of taxi service provider. They obtain services such as security monitoring, branding (logo/livery), fares and the coordination of safety management systems from another taxi service provider, which is known in the Regulation as a facilitator.

Affiliated providers are like taxi operators who were affiliated to taxi networks under the 1990 Act.  

Affiliated providers do not have to hold an authorisation issued by the Point to Point Transport Commissioner.

As Soon As Practicable

Clause 30 of the Point to Point (Taxis and Hire Vehicles) Regulation requires providers to report notifiable occurrences to the Commissioner as soon as practicable after the provider becomes aware of the accident or incident concerned.  This means notifiable occurrences must be reported as soon as is able to be done, after the provider becomes aware of the accident or incident, taking into account and weighing up all relevant matters.

Authorisation

The Point to Point Transport Act requires booking service providers and taxi service providers (but not affiliated taxi service providers) to be authorised by the Point to Point Transport Commissioner.

This is similar to operator accreditation or taxi network authorisation under the Passenger Transport Act 1990 (the 1990 Act), but what applicants for authorisation must demonstrate to the Commissioner up-front is much simpler than what was required under the 1990 Act.

Unlike under the 1990 Act, drivers do not need to hold an authorisation issued by the Commissioner

Authorised Fare

The authorised fare is the fare set by an authorised taxi service provider for unbooked (rank/hail) services, which must not be higher than the fares permitted by Transport for NSW in the current fares order. A taxi’s fare calculation device (meter) must be calibrated to the authorised fare.

Booking Service Provider

A booking service provider takes bookings for taxis or hire vehicles to provide passenger services and communicates bookings to drivers.

The inclusion of this term in the Point to Point Transport Act means that a wider range of people and businesses are covered by the law than under the Passenger Transport Act 1990 (the 1990 Act).

For example, while there have been businesses that provide phone and internet booking facilities to hire car operators, taxi and hire car drivers and their customers for many years, they were not covered by the 1990 Act. Depending on how the business is run, the Point to Point Transport Act covers them for the first time.

Taxi networks from the 1990 Act are also considered to be booking service providers, and any taxi network that was authorised under the 1990 Act is being automatically recognised as a booking service provider under the new law.

Hire car operators would also often take bookings from customers in relation to the provision of hire car services, and for this reason hire car operators who were accredited under the 1990 Act are also being automatically recognised as booking service providers.

Many taxi and hire car drivers would also be covered by the definition of a booking service provider because it is common for them to take bookings directly from customers, and also to pass them on to other drivers.

Booking service providers must be authorised by the Commissioner.

The regulation excludes travel agents from the definition of a booking service provider.

Bus

A bus is a motor vehicle that seats more than 12 adults.

Car Pooling

Car pooling is not covered by the Point to Point Transport Act. 

For car pooling to be exempt from  the Act, all the following conditions must be met:

  • The driver regularly provides transport to passengers going to the same destination themselves or nearby.
  • The driver is not the provider of a booking service or the provider of a passenger service, or an employee, contractor or bailee for the provider of a booking service or passenger service.
  • The driver may only be reimbursed actual costs associated with operating the vehicle. A small gift may also be provided to a driver for participation in a voluntary non-profit carpooling scheme.

Close Associate

A close associate of an authorised service provider , or of an applicant for authorisation   is someone who holds a financial interest, or is entitled to exercise power in the business, and who is able to, in the opinion of the Commissioner, to exercise a significant influence over management or operation of the business. They could also be employed, contracted to, or otherwise hold a position in the business.

Community Transport Service

Community transport service means the transport, by a motor vehicle, of specified classes of individuals under a community transport agreement (a contract) between the provider of the service and Transport for NSW.

Disqualifying Offence

The Point to Point Transport Act prohibits people who have committed certain offences, known as disqualifying offences, from being authorised as a taxi service provider or booking service provider.  There are also disqualifying offences for drivers, meaning if they have been found guilty of those offences, they do not meet the safety standards for a driver.  This is similar to the previous fit and proper assessments under the 1990 Act, except that there is a clearly defined and published list of offences taken into consideration. 

Due Diligence

Due diligence requires an officer to take reasonable steps to ensure that a service provider complies with its safety obligations under the Act. These reasonable steps include, but are not limited to:

  • having up-to-date knowledge of safety matters relating to passenger services (eg understanding the Act and regulation, ensuring that management meetings cover safety issues)
  • understanding the operations of the booking service or passenger service, including understanding  common risks and hazards such as exposure to violence, driver fatigue
  • ensuring the business has (and uses) appropriate resources and processes to eliminate or minimise safety risks from the operation of the passenger service , such as a safety management system and associated policies and procedures, and  ensuring that the business has appropriately skilled staff
  • ensuring the business has appropriate processes to receive information about incidents, hazards and risks, and responding in a timely manner, such as incident reporting mechanisms and providing drivers and others avenues to raise safety issues,
  • ensuring the business has and implements processes to comply with any duty or obligation, such as reporting notifiable incidents, consulting with drivers, affiliated providers, vehicle owners and others on safety issues, ensuring compliance with notices from the Commissioner, providing training and instruction in safe procedures for equipment and systems testing policies, and testing procedures and practices to verify compliance with obligations

Duty of Care

A duty of care is an obligation to take reasonable care not to cause harm that is reasonably foreseeable to another person. Under the Point to Point Transport Act providers of passenger services and booking service providers  have a duty of care to ensure the health and safety of drivers, passengers and other people in connection with the provision of their services.

Drivers also have a duty of care to ensure that they are taking reasonable care for themselves and others, and that they comply with any reasonable policies or instructions of booking service providers or providers of passenger services.

For example, if you are an affiliated taxi service provider,  you have a duty of care to the driver and the driver’s passengers to ensure that the taxi used to provide services is safe. If you know (or ought to know) that your taxi is used in situations where there is a risk of the driver being exposed to violence, then you have a duty of care to ensure that security equipment (eg. cameras, duress alarms, vehicle tracking devices) is working and able to be used, and that the driver knows how to use the equipment properly.

Facilitator

A facilitator is someone who facilitates the provision of taxi services. They are like taxi networks under the Passenger Transport Act 1990, except that they have no responsibility for bookings for taxis.

Facilitating a taxi service involves providing any of the following services under a common brand:

  • co-ordination of the provision of taxi services
  • provision, co-ordination or monitoring of security facilities for taxis
  • setting of fares that may be charged for taxi services  
  • co-ordination or provision of safety management systems for taxi services

Fare

A fare can be any kind of payment for the provision of a passenger service. The payment could be to the driver, a booking service provider, a provider of a passenger service or anyone else. It can also be any kind of ‘in kind’ contribution, in recognition of the service delivered.

Hire Vehicle

A hire vehicle is any motor vehicle used to provide a passenger service that is not a taxi or a bus.

Ineligible Driver

The Regulation prohibits a person from driving a taxi or hire vehicle if they fail to meet certain standards relating to their driver licence, medical history, or who, under the 1990 Act, had an application refused within the preceding 10 years, or whose driver authority was cancelled, on the grounds that they were not a fit and proper person. 

Licence Holder

A licence holder is the person who has the benefit of a licence. This may be the person to whom the licence was issued, or someone to whom the licence has been leased, subleased, or some other arrangement.

The licence holder may be an affiliated provider, an authorised taxi service provider, or even the driver, depending on the nature of the lease, sublease or arrangement. 

Licence holders do not need to be authorised by the Point to Point Transport Commissioner, but the details of any lease, sublease or other arrangement relating to taxi licences do need to be notified to the Commissioner.

Nominated Manager

Authorised service providers, who are not individuals or partnerships, are required to provide details to the Point to Point Transport Commissioner of one or more directors or managers who are directly involved in the day-to-day management of the service as a nominated manager. This person will be the Commissioner’s main contact in relation to the service provider’s authorisation.

This is similar to a designated manager under the Passenger Transport Act 1990. A nominated manager may also be an officer.

Notifiable Occurrences

The Point to Point Transport Act requires booking service providers and authorised taxi service providers to report certain types of incidents to the Point to Point Transport Commissioner. The systems to support this will be put in place in 2018 following consultation with industry, and if and when you are required to do anything, we will let you know well in advance.

The kinds of incidents that would need to be reported include:

  • an accident or incident associated with the provision of a passenger service that has, or could have caused death (whether it is the driver, passenger or another person)
  • an accident or incident involving a passenger vehicle  which results in a  person being  treated by ambulance officers or transported by ambulance, or admitted to hospital as a result of the injury
  • an accident or incident involving a passenger vehicle that results in a collision or impact with another vehicle, structure or person, which results in the vehicle being unable to continue its journey
  • a vehicle fault, that may include a failure of any brake, steering or suspension system, or wheels or tyres, which results in the vehicle not being able to commence or complete its journey
  • any incident involving a driver, passenger or intended passenger of a passenger vehicle that results in a complaint being made to police involving an allegation of sexual assault, indecent exposure, physical assault, threatening behaviour (physical threat or intimidation against or by the driver)
  • where a driver, in the course of providing of a passenger service, is charged with a major traffic offence – such as predatory driving, police chase high-range speeding, positive drug test

Officers

Section 14 of the Point to Point Transport Act 2016 gives certain responsibilities to officers (such as exercising due diligence) to ensure that a service provider complies with its duty of care. Officers are people who have positions of responsibility in a business. They are involved in making decisions affecting all or a substantial part of the services (eg booking services, taxi services or related security services) provided by the service provider.

For service providers which are a body corporate, an officer has the same meaning as it does in relation to corporations under Section 9 of the Corporations Act 2001.

A nominated manager is likely to be an officer, however, other people inside the business are also likely to be officers. This would include directors and other senior staff who make decisions affecting the services provided.

Passenger Service

Passenger service means the transport, by a motor vehicle (other than a bus), of passengers within, or partly within, NSW for a fare. This means that services provided in vehicles which seat twelve or fewer are passenger services. Taxi services are kinds of passenger services, as are services provided in hire vehicles.

The Act and the Regulation also specify which services are not passenger services.

The following services are NOT passenger services:

  • A  community transport service
  • A service conducted according to regular routes and timetables, or according to regular routes at regular intervals
  • A service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres.
  • A service which is generally provided off-road (that is, not on a road or a road related areas)
  • 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.
  • Car pooling is not a passenger service. 

Other kinds of services which are not generally available to the public, or which are incidental to another kind of business, are also unlikely to be passenger services, such as:

  • a nursing home using a vehicle it owns to take residents to a doctor’s appointment
  • a club using its vehicles to provide a courtesy service to its members
  • a sea kayak tour company or surf school using its vehicle to provide transport to its clients from a pick up point (eg their accommodation) to the beach.

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, commencing on 1 February 2018, 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. 

Passenger Service Transactions

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.

Provider of a Passenger Service

A provider of a passenger service is someone who carries on the business of providing a passenger service.

If a business provides a transport service, charges specifically for the transport service, and is attempting to generate revenue specifically from the transport, then they may be considered to be providing passenger services.

If rather than providing the service itself, a business (for example a hotel or club), contracts with someone else to provide transport for their clients, then it is unlikely that the hotel or club is providing a passenger service, but it is possible that the person they contract with is carrying on the business of providing a passenger service.

To carry on a business, a person has control and direction in relation to the business. This is important when thinking about who is carrying on the business of providing a taxi service or providing a service in a hire vehicle. 

The Act makes it clear that taxi service providers –affiliated providers and authorised taxi service providers (including facilitators) - are providers of passenger services.

Who is the provider of a passenger service provided in hire vehicles will depend on the business model in each case.

If the driver is an employee of a company which owns the vehicles, and provides direction in relation to the services to be provided, then the company is considered to be the provider of the service. However, this does not mean that in all other cases a driver is the provider of a passenger service. It would need to be determined on a case by case basis, and take into consideration things such as:

  • how the driver receives payment (and from whom) and
  • how much control the driver has over the provision of the service (including, but not limited to when the vehicle is available to them to provide services).

Reasonably Practicable

Under the Point to Point Transport Act various people have to do what is ‘reasonably practicable’ in ensuring services are safe.

The following should be taken into account when considering whether it would be reasonably practicable to respond to a particular risk or hazard:

  • How likely is the risk or hazard?
  • How severe are the consequences of the risk?
  • What the person knows (or ought to reasonably know) about the risk and ways of eliminating the risk
  • What is available and suitable to deal with the risk?
  • The cost of the available ways of eliminating or minimising the risk, and whether this cost is grossly disproportionate to the risk

Responsible Person

The Regulation outlines safety standards that must be met by different industry participants. Sometimes more than one person can have obligations in relation to the same safety standard. 

This table makes clear which standards are specified for particular people, and also who is a responsible person for the safety standard.

If a person is a responsible person for a particular safety standard, then they must ensure, so far as is reasonably practicable, that the safety standard is complied with.

Safety Management System

A safety management system is a way of identifying, recording and managing risks associated with providing services. People who are involved in making decisions affecting all or a substantial part of the services (eg booking services, taxi services or related security services) need to take part in developing and maintaining the safety management system.

These people are referred to as officers under the Point to Point Transport Act 2016.

A safety management system involves identifying and keeping records of:

  • Reasonably foreseeable hazards that could give rise to risks to health and safety to drivers, passengers, and other people in connection with the provision of the service
  • The control measures taken to eliminate or minimise the risks
  • What is done to maintain those control measures

In developing and maintaining a safety management system, service providers (and officers within those service providers) also have to consult with other people, such as drivers, vehicle owners, affiliated providers, licence holders, as appropriate, and keep records of those consultations.

Other records that need to be kept for the safety management system to be compliant with the law include details of how they comply with safety standards, and details of any notifiable occurrences.  

Safety Standards

The Regulation outlines safety standards that must be met by different industry participants. More than one person can have obligations in relation to the same safety standard. 

This table makes clear which standards are specified for particular people, and also who is a responsible person  for the safety standard.

If a safety standard is specified for a person, that means the person must not contravene the safety standard.

If a person is a responsible person for a particular safety standard they must ensure, so far as is reasonably practicable, that the safety standard is complied with.

Service Provider

Service provider refers to the provider of a booking service or the provider of a passenger service.

Taxi Service Provider

A taxi service is a passenger service that is provided in a taxi. This means that a passenger is transported in a taxi for a fare. The person who provides this service is a taxi service provider.

A provider of a taxi service can be an affiliated provider, a facilitator of a taxi service, or provide both the taxi service and the related services.

Facilitating a taxi service involves providing any of the following services under a common brand:

  • co-ordination of the provision of taxi services
  • provision, co-ordination or monitoring of security facilities for taxis
  • setting of fares for taxi services  
  • co-ordination or provision of safety management systems for taxi services

The Passenger Transport Act 1990 had taxi operators and taxi networks, which are the most similar to the concept of a taxi service provider. Except for in very limited circumstances, the 1990 Act did not permit taxi operators to provide their own security, branding and related services (such as booking services), they had to obtain these from taxi networks.

This has changed under the new law, so that if a taxi service provider wishes to arrange these things for themselves, under their own brand, they may.

Taxi service providers, other than affiliated providers, must be authorised by the Point to Point Transport Commissioner.

Vehicle Owner

The owner of a vehicle is the person whose name the vehicle is registered in.