In recent weeks the Point to Point Transport Commissioner’s Compliance team issued eight prohibition notices to service providers for failing to comply with the Point to Point Transport (Taxis and Hire Vehicles) Act’s 2016
The prohibition notices were issued for a range of safety matters, four of which specifically related to driver and passenger safety.
In August, two notices were issued to service providers for not having operational duress alarm systems fitted inside their vehicles. The service providers were unaware they needed to have such a system. Clause 16 of the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 outlines that a taxi used to provide rank and hail services in the Metropolitan, Newcastle, Wollongong, transport districts and Central Coast local government areas must be fitted with a duress alarm system in working order.
Two notices were also issued in early September to service providers for not having adequate systems in place to ensure their drivers did not have
A person must not drive a taxi or hire vehicle that is being used to provide a passenger service if the person has been found guilty of a disqualifying offence for a driver. Clause 24 of the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 lists a range of disqualifying offences. Service providers should implement and keep up-to-date policies and procedures for on-boarding new drivers and managing existing drivers. This includes seeing an up-to-date criminal history check to determine if a new or existing driver has been found guilty of a disqualifying offence.
If you are issued with a prohibition notice, you are required to immediately cease the activity specified in the notice until evidence is provided that the problem has been resolved. If you fail to comply with the prohibition notice not only can you be prosecuted for failing to comply with the safety standard, you can also be prosecuted for failing to comply with the notice. The maximum penalty for failing to comply with a safety standard is $5,500 for an individual and $27,500 for a corporation, the maximum penalty for failing to comply with a prohibition notice is $100,000 for an individual and $500,000 for a corporation.
The Commissioner’s Compliance team continues to work alongside industry to ensure safety standards are met for passengers and drivers and that service providers are aware of their obligations under point to point transport law.