The Point to Point Transport Commissioner (the Commissioner) has commenced proceedings against Rasier Pacific Pty Ltd (Uber) in the Local Court alleging that Uber failed to ensure it was complying with a safety standard under the point to point transport law when it allowed food delivery drivers to provide passengers services who had not undergone appropriate safety and eligibility checks.
On Monday 4 November 2024, the Local Court made orders for the Brief of Evidence be filed by the prosecution. The matter is next listed for reply on 9 December 2024.
The Commissioner alleges that on two separate occasions in 2022, due to failures in its systems, Uber allowed multiple food delivery drivers, who had not undergone driver eligibility checks and who were ineligible to provide point to point transport services, to conduct Uber rideshare services.
In total, 57 charges have been brought against Uber. The maximum penalty for each offence is a fine of $27,500.
“Safety is my priority, and allowing drivers to provide passenger services without having undergone appropriate background checks poses a serious safety risk to passengers and breaches the law,” Commissioner Wing said.
NSW has strong safety laws to ensure the safety of rideshare, taxis and hire vehicle passenger services, and every provider must comply with these safety standards.
All service providers must ensure their vehicles are appropriately registered and safe to be driven on the road, and drivers must clear a series of background checks before they can provide passenger services.
All service providers must also ensure their technological systems and processes work as they should.
While there are strong safety laws around rideshare, taxi and hire vehicle passenger services these standards do not apply to food delivery services.
“Uber has identified the issue that allowed rideshare trips to be undertaken by its food delivery drivers, however, it should not have occurred in the first instance.
My Compliance team will continue to monitor Uber to make sure they do not allow this to happen again,” Commissioner Wing finished.
Background
It is alleged that Uber failed to ensure that 57 drivers complied with the driver eligibility or tenure requirements in clause 25 (1) of the Regulation which provides that a driver of a taxi or hire vehicle (including rideshare) that is being used to provide a passenger service must:
- hold an unrestricted Australian driver licence, and
- have held an unrestricted Australian driver licence for a total of at least 12 months in the preceding 2 years.
Background on the Point to Point Transport Commissioner
The Commissioner is the independent regulator for taxis, hire vehicles and rideshare, in NSW. The Commissioner's main role is to administer and enforce point to point transport law, including safety standards for the industry. The Commissioner works with the point to point transport industry to ensure they have the knowledge and capability to implement systems for managing safety; focusing particularly on compliance through education and information, and undertaking advisory, audit and enforcement activities.
For more information see the Point to Point Transport Commissioner’s website.
Media Enquiries
Alex Thompson m. 0499 612 089
Alexandra.Thompson@transport.nsw.gov.au