Education and Compliance

Find out about compliance checks and procedures, including what to expect from audits, improvement notices and infringements.

  Audits and advisory visits

Advisory visits

The Department of Transport's On-demand Transport Safety Assurance team is here to help industry during the transition to the Transport (Road Passenger Services) Act 2018 (the Act).

Passenger transport operators can request for an Education and Compliance Officer to visit their worksite to conduct an advisory visit. During an advisory visit, officers will talk through the safety obligations and authorisation conditions detailed in the Act and Regulations, and provide support to booking services to understand how to meet their obligations.

Visit Responsibilities for authorised booking services for more information about obligations for booking services.

To request an advisory visit please contact On-demand Transport on 1300 660 147 or via email

Audits

Education and Compliance Officers will attend and perform audits to ensure individuals and businesses are meeting their authorisation obligations. Audits are designed to assist operators in meeting their obligations. To help operators prepare for an audit, an officer will schedule an audit with the operator and provide an audit checklist to guide the discussions.

If non-conformances are identified, operators may receive an improvement notice. The notice will help operators understand what actions they need to take to fix any issues and specify a timeframe in which to do this.

When conducting an audit, Education and Compliance Officers will check that the operator is meeting their obligations under the Act. Checks will include:

  • Safety Management Systems.
  • Compliance with safety standards.
  • Fatigue management procedures.
  • Vehicle maintenance procedures.
  • Vehicle and driver licensing.
  • Record keeping.

  What to expect from Education and Compliance Officers

Code of conduct

Education and Compliance Officers are bound by the Department of Transport Code of Conduct and the Public Sector Commission Code of Ethics and are required to behave professionally and remain approachable and courteous at all times.

If you have concerns regarding the behaviour of an Education and Compliance Officer, you can complete the General feedback, compliments and complaints online form

Officer identification

Education and Compliance Officers are required to carry authorisation cards when acting in an official compliance capacity and produce such authorisation upon request.

The cards outline what legislation they are authorised under and their name, alongside a photograph of the officer.

Education and Compliance Officers authorised under multiple pieces of legislation may carry more than one card.

On-road patrols

On-road patrols are performed by DoT Education and Compliance Officers. Officers can check whether a vehicle is being operated for hire and reward while on patrol, regardless of the plates displayed.

Vehicle stops

Education and Compliance Officers have powers under the relevant legislation to stop a vehicle during their duties.

Education and Compliance Officers will typically use special vehicles marked by the colour magenta.

If you notice a compliance vehicle signalling you to stop with flashing lights or a siren, pull over cautiously at the safest opportunity.

Opens in a new window Department of Justice: Road Traffic (Administration) Regulations 2014
Opens in a new window Transport (Road Passenger Services) Act 2018
External Link Transport (Road Passenger Services) Regulations 2019

Controlled operations

The new Act gives officers the power to undertake controlled operations. Like a mystery shopper, controlled operations allow an authorised person to pose as a passenger in a taxi, charter vehicle or other type of on-demand transport for the purposes of investigating potential breaches of the Act.

Officers conducting controlled operations will not identify themselves as authorised officers. Evidence gathered during a controlled operation may be used in any subsequent prosecution.

Industry intelligence

DoT Education and Compliance Officers encourage members of the public and the passenger transport industry to report any suspected or witnessed contraventions of the Act to DoT.

These could include:

  • Passenger, vehicle or driver safety risks;
  • Businesses, vehicles and/or drivers operating without the correct authorisation; or
  • Vehicles other than taxis touting for work.

Please email On-demand Transport with a description of the event and any applicable proof (e.g. photos) you may have collected.

DoT Education and Compliance Officers will follow up these reports in a timely manner.

Accessing taxi camera recordings

Department of Transport Education and Compliance Officers and WA Police Officers have the authority to access Taxi Camera Surveillance Unit recordings.

  Penalties

In some instances, a Compliance Officer may issue a formal enforcement action. This may include:

  • Improvement notices;
  • Suspension and cancellation of authorisation;
  •  Infringements;
  • Prosecutions; or
  • Defect notice.

Such penalties will be considered as background information should further offences occur.

It is recommended that all members of the passenger transport industry familiarise themselves with the Act and Regulations.

Improvement notices

An improvement notice is a formal notice issued when a person contravenes a provision of the Act. The improvement notice requires the person to:

  • remedy the contravention;
  • prevent the contravention from reoccurring; or
  • fix the issues that are causing the contravention.

Infringements

Infringements and their penalties are controlled by the relevant legislation and have a legal monetary component.

If you receive an infringement, you can choose to:

  • Pay the penalty.
  • Appeal the penalty.
  • Choose for the matter to be heard in Court.

Prosecution

In more serious matters where legal action is warranted, a court will decide if the defendant is guilty or not guilty and apply appropriate consequences.

Refer to your Infringement Notice for more details, or download the Department of Transport's Enforcement and Prosecution Policy for more information.

Defect notices

There are currently two types of defect notices that Compliance Officers may issue to operators, if their vehicle does not meet standards. They include:

  1. Taxi defect notices issued for vehicle issues that are non-safety related.
  2. Road Traffic Defect Notices (Yellow Sticker).

 

Page last updated: Mon Mar 11 2019 2:36:46 PM