On-demand transport driver responsibilities
Important notes for vehicle owners
This section covers information for drivers of taxis, charter and regular passenger transport (RPT) vehicles. If you are the owner of your vehicle, please also refer to the On-demand transport vehicles section for information on:
- Operating conditions.
- Vehicle licensing and insurance.
The vehicles section contains information about vehicle owner responsibilities, licensing, modifications and fittings, insurance, buying and selling vehicles and more.
Seat belt laws and child restraint laws
By law, all drivers and passengers must wear seat belts on every trip, long or short, if they are required to be fitted in the vehicle.
Seat belts for drivers
All drivers must wear a seatbelt unless they are:
- Reversing the vehicle.
- In possession of a medical certificate authorising exemption this must be carried with the driver at all times.
- A taxi driver carrying 1 or more paying passengers after dark.
Seat belts for passengers - overview
Drivers of taxis and omnibuses should endeavour to ensure that all passengers are appropriately restrained.
Under Road Safety Commission regulations, from 27 June 2018 taxi and omnibus drivers:
- Must ensure that children aged between 1 and 7 years must be restrained in standard seatbelts that are properly adjusted and securely fastened to the best extent possible given the height and weight of the passengers; and
- Have a new responsibility for ensuring passengers aged between 1 and 7 are restrained as safely as possible - previously drivers have been exempt from this responsibility.
Taxi and omnibus drivers are now liable to be penalised if the above responsibilities are not met. Responsibility for safe restraint of children aged under 1 year remains with the caregiver.
For more information on the regulation updates, visit the Road Safety Commission Safety Topics Children website.
Seat belts for passengers - adult and children
- Over 16 years of age wear a seatbelt that is securely and properly fastened.
- Aged 0 to 6 months are restrained in a rearward facing child restraint (e.g. infant capsule).
- Aged 6 months to under 4 years are restrained in either a rearward or forward facing child restraint with in-built harness
- Aged 4 to under 7 years are restrained in either a forward-facing child restraint or booster seat restrained by a correctly adjusted and fastened seat belt or child safety harness.
- Aged 7 to 16 years are either in a booster seat with lap sash seatbelt or a seatbelt.
- Aged under 7 years must not be in the front row of seats, if the vehicle has two or more rows of seats.
- Aged between 4 and 7 years can travel in the front seat if all other rear seats are filled with passengers aged under 7
If there is no child restraint available for passengers, children under 7 years may be carried:
- A child aged 1 year to 7 years must be in a seatbelt.
- A child under 1 year may be carried in the lap of a caregiver who is over 16 years of age provided they are not in the front row of seats, if the vehicle has more than one row of seats.
For more information on seat belts, see the Road Safety Commission's website.
|Road Safety Commission|
|Road Safety Commission: Safety topics|
Ridesharing and the law
Ridesharing refers to an arrangement in which a passenger travels in a private vehicle, driven by its owner, for free or for a fee, especially as arranged by means of a website or app.
If you are carrying passengers in return for payment you need to be correctly licensed. For more information refer to the document below.
|Ridesharing and the Law||Kb|
Legislation and conditions
Participants in the on-demand transport industry are regulated under the following legislation and associated regulations:
- Taxi Act 1994
- Transport Coordination Act 1966
Vehicles regulated under the Taxi Act 1994
Taxis operating in the Perth Metropolitan area (excluding Mandurah) are regulated under the Taxi Act 1994 and associated regulations.
Vehicles regulated under the Transport Coordination Act 1966
Charter or RPT (omnibus) vehicles and Country Taxi-Cars operating anywhere in WA, are regulated under the Transport Coordination Act 1966 and associated regulations.
|Department of Justice: Taxi Act 1994|
|Department of Justice: Transport Co-ordination Act 1966|
Driver fatigue is one of the most significant safety hazards facing the road transport industry world-wide. Crashes are dangerous and costly to all road users, and fatigue is a major contributor.
Fatigue means a gradual loss of alertness that leads to occasional nodding off and then sleep. Fatigue causes drowsy driving. Drowsy drivers are more likely to have a crash by running off the road or having a head-on collision.
Main causes of drowsy driving
The three main causes of drowsy driving are:
- Not enough sleep.
- Driving when you would normally be asleep.
- Working or being awake for very long hours.
Other factors like highway boredom, road conditions and weather compound these causes.
To prevent fatigue related crashes, these factors need to be managed through correct scheduling practices, training and education.
Code of practice for fatigue management
Driver fatigue is a risk for all drivers and their passengers. For drivers of commercial vehicles, it is an occupational hazard which, under occupational safety and health laws, must be managed by a safe system of work.
The Code of Practice for Fatigue Management for Commercial Vehicle Drivers (available on the Department of Commerce website) provides guidance on what a safe system should consider.
The Code provides guidance to industry, the authorities and the courts, and provides a defence against prosecution.
The Department of Transport, in partnership with the taxi industry, has developed the following code of practice for taxi drivers: Fatigue management: A code of practice for the Western Australian taxi industry.
Please check your driver's licence conditions for further obligations related to fatigue management.
Fatigue Management Program
The template below (Vehicle maintenance fatigue management program) can be used to assist operators in managing fatigue risks.
|Fatigue management: A code of practice for the Western Australian taxi industry||Kb|
|Vehicle maintenance fatigue management program||Kb|
|Department of Commerce: Code of practice - Fatigue management for commercial vehicle drivers|
While it is ultimately the responsibility of the vehicle owner to maintain the vehicle, as a driver you are responsible for ensuring the vehicle is maintained throughout the duration of your shift. For example, ensuring tyres have adequate air, lights are working and oil level is correct. Any major issues should be reported to your employer immediately.
See the Department of Transport's Vehicle maintenance checklist page for further information on how to maintain your vehicle.
As the driver of a vehicle, you will be required to keep the following records:
- Booking details (for each job).
- Booking ID (to identify jobs).
- Account/Hirer (customer details).
- Pick-up and destination addresses.
- Journey start and end time.
- Pricing (cost of job).
- Contract/pre-paid fares (for agreed/arranged jobs between operator and customer).
- Status (job successful/cancelled).
- Vehicle details.
- Vehicle details (example: insurance, registration etc).
- Vehicle maintenance program.
- Driver details.
- Driver's details (driver's licence extension and driver's licence status).
- Fatigue management program.
You can keep these records in electronic or hard copy format.
|Purpose-built taxi trial: Monthly reporting workbook||Kb|