Before the Courts – Recent Significant Fines

Published

Driver disqualified and fined for not restraining passenger travelling in a wheelchair securely.

Recently, at Port Macquarie Local Court a taxi driver was found guilty and fined $1750, plus court costs, for not taking steps to properly secure the seatbelt for a passenger in a wheelchair and failing to properly secure the wheelchair itself in his accessible taxi.

As a result, the passenger fell from her wheelchair while the vehicle was moving, and unfortunately suffered injuries that needed hospital treatment.

This safety duty offence is a disqualifying offence, and the convicted driver is now automatically banned from driving a taxi or hire vehicle (including rideshare) being used to provide a passenger service.  

Point to Point Transport Commissioner, Anthony Wing noted, “there are clear safety obligations on wheelchair accessible services, and the drivers of those vehicles, to ensure that passengers in wheelchairs are loaded, restrained, and secured properly. In this case there were two major failings, not securing the seatbelt of the passenger in the wheelchair, as well as not loading the wheelchair correctly. Safety is my priority, and while most drivers are fulfilling their duty of care, the case highlights that consequences will be applied when they are not”.

To understand more about safety standards for service providers and drivers providing WAT passenger services please read our Wheelchair Accessible Taxis fact sheet and refer to section 18 of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.  

 

Driver found to have interfered with a taxi’s security camera system is fined and disqualified from driving point to point transport vehicles.

Recently, at Sydney's Downing Centre Local Court a taxi driver was given a $750 fine for deliberately covering the taxi's security camera system.

Having approved security camera systems in taxis is crucial for the safety of passengers and drivers, especially for on-the-spot pickups where people hail cabs off the street or catch a taxi at a rank.

In this case, the driver intentionally blocked the camera by covering it with tissues, meaning the camera did not record any trips carried out during this time.

The hefty fine imposed by the magistrate emphasises the serious nature of the offence.  

Furthermore, the offence is a disqualifying offence, and the convicted driver is now automatically banned from driving a taxi or hire vehicle (including rideshare) being used to provide a passenger service.  

Read our Security Camera Systems fact sheet to understand more about this safety standard for taxis and refer to clause 74 of the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017. 

 

Driver failing to display driver identity document results in a conviction and fine.

A driver was recently found guilty and fined $800 at Sydney's Downing Centre Local Court for not showing their driver ID in the taxi.

Taxi drivers, providing rank and hail passenger services, are required to have their driver ID on display at all times. This ID is either a card or digital document that shows a photo of the driver and an identification number from their taxi company. It must be displayed in a way that any passenger can easily see it. Driver IDs are an important safety measure and allow passengers to feel confident that drivers have been appropriately onboarded and are associated with an authorised service provider. 

The driver chose to court elect the penalty but did not attend court. He was convicted and fined $800.

Our Driver ID toolkit is available to help drivers understand their safety obligations.  Refer to clause 28(1) of the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017.  


Driver convicted and fined for touting at Sydney Airport  

A hire vehicle driver appearing at Sydney's Downing Centre Local Court has been convicted and fined $600, plus legal costs, for touting at Sydney Airport.  

The driver was caught by the Point to Point Transport Commissioner’s Authorised Officers conducting plain clothese operations at the airport when he directly approached them to offer a fare for a passenger service.  No booking had been made by the officers.

Touting and soliciting is directly approaching a person or people to offer a passenger service. Hire and rideshare vehicle drivers must not offer a passenger service to a person who does not have a prior booking, and taxi drivers can only allow passengers to enter their vehicles when they are at a taxi rank, have been hailed or when the passenger has made a booking in advance. 

Touting is serious offence and is dangerous for both the drivers and passenger/s as there is no record of the passenger service, nor can anyone be sure safety checks have been made on the driver or vehicle. 

The magistrate found the driver to be guilty of the offence and ordered to pay a fine of $600 as well as court costs.  This is the driver’s first offence for touting, a second offence would result in him being banned from driving a taxi or hire vehicle (including rideshare) being used to provide a passenger service.  

Our touting and soliciting factsheet provides more details to help drivers understand the law.  Refer to clause 66 of the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017