Responsibilities for authorised booking services
Safety duties and standards
The Transport (Road Passenger Services) Act 2018 (the Act) specifies a range of safety duties and standards for passenger transport services.
On-demand booking service (ODBS) providers have a safety duty to ensure the health and safety of their passengers and drivers. A chain of accountability framework, establishes that booking services have an obligation to ensure they meet their safety duties. In addition to their general safety duty, ODBS’ must ensure that all drivers and vehicles they dispatch work to, or have association agreements with, meet the applicable safety standards outlined in the Act and associated regulations.
It is a requirement that booking services comply with these duties and standards, as well as keep records and provide data to the Department of Transport (DoT) as specified in the regulations.
Safety Management Systems
A critical part of meeting safety requirements for a booking service is developing and using a Safety Management System, customised to your business. A Safety Management System is a set of policies, procedures and plans that systematically manage health and safety by identifying safety risks and putting in place steps to mitigate them.
Further information, including resources to help you meet your safety requirements, can be found at Safety management for authorised booking services
|Transport (Road Passenger Services) Act 2018|
|Transport (Road Passenger Services) Regulations 2019|
It is a condition of the ODBS authorisation to keep certain records as prescribed in the Act, which may be requested by DoT at any time. These include records related to individual on-demand jobs (including contract fares), as well as records of the names and details of drivers and vehicles.
What records need to be kept?
Booking services must keep:
- prescribed records of all bookings;
- records of association arrangements;
- records of contract fares;
- prescribed levy records;
- records of customer complaints;
- records of drivers, vehicles and associates;
- records of any bookings referred to another authorised booking service; and
- records of each authorisation of a person to undertake camera related functions on behalf of the ODBS.
For full details of what information must be included in these records and how long they must be kept for please refer to the Act or regulations.
Records to be kept for each booking include:
- the day and time the booking was taken;
- the day and time the journey took place;
- the locations where the journey began and ended;
- the name and details of the driver;
- the vehicle licence number of the vehicle used;
- customer information, such as contact details or the account charged;
- the number of passengers seated in a wheelchair;
- if a booking was referred to another provider, the name of that provider and the day and time of the referral; and
- the amount of the fare paid and the components of that fare.
These records do not need to be submitted to DoT, however they must be maintained as part of your authorisation. DoT can request them at any time and they must be provided during an audit. DoT Education and Compliance Officers can attend and perform audits to ensure booking services are meeting their authorisation obligations.
On-demand Passenger Transport Levy records
Booking services must keep records of all leviable trips and submit some of these records to the Department of Transport on a monthly or quarterly basis.
The following information must be provided to the Department as part of the levy returns that are required on a monthly or quarterly basis:
Individual trips with a levy fare less than $100
- Number of trips
- Total value of levy fares for trips
Individual trips with a levy fare more than $100
- Number of trips
Visit Levy requirements for booking services for more information.
How must records be kept?
Under the Transport (Road Passenger Services) Regulations 2019, records must be:
- written in English;
- legible, clear and accurate;
- in document form or a form that can easily be converted into document form (i.e. able to be displayed in a physical printed form); and
- collated or able to be collated so that all records can be viewed together if requested.
The below template may be used to assist with record keeping obligations. Please note, this resource is provided as a guide only and may or may not be sufficient to address the needs of a specific business.
|Booking and levy records template - record keeping||Kb|
Booking services are required to have appropriate complaints management processes and procedures in place. This includes keeping records of customer complaints and resulting resolutions for two years after the complaint was initially made.
The following links are provided to assist booking services to establish complaints management processes to meet their needs. A large range of example processes, policies and procedures can be found online and from other established businesses.
|Australian Competition and Consumer Commission: Dealing with customer complaints|
|WA Small Business Corporation: Handling customer complaints|
Reporting notifiable occurrences (safety)
All authorised ODBS’ are required to keep a register and report all notifiable occurrences they become aware of to DoT.
Drivers of passenger transport vehicles also have a responsibility to report notifiable occurrences to DoT – see Passenger Transport Driver responsibilities for further information.
What are notifiable occurrences?
Notifiable occurrences are incidents of a serious nature that involve, or have the potential to result in, injury, violence or abuse of a person.
Notifiable occurrences include:
- an incident involving the vehicle being used to provide a passenger transport service that must be reported to the police under the Road Traffic Act 1974 section 56;
- an accident or incident involving a vehicle being used to provide a passenger transport service that results in -
- an injury that is treated by an ambulance officer; or
- an injured person being treated at a hospital;
- a collision involving a vehicle being used to provide a passenger transport service that results in damage to the vehicle that is sufficient to prevent the completion of the journey in that vehicle;
- a mechanical or other fault in a vehicle being used to provide a passenger transport service that renders the vehicle unsuitable to be used to provide a passenger transport service without substantial or significant mechanical repairs or services;
- an incident involving a driver or a passenger of a vehicle being used to provide a passenger transport service that results in a complaint to the police involving allegations of -
- sexual assault; or
- indecent exposure; or
- assault; or
- physical threats or other intimidation;
- an incident involving the conduct of a driver while driving a vehicle being used to provide a passenger transport service that results in the driver being charged with a serious offence;
- an incident involving -
- the misplacement of a visual, audiovisual or audio recording from a camera surveillance unit installed in a passenger transport vehicle; or
- the use in contravention of regulation 35ZD of a visual, audiovisual or audio recording from a camera surveillance unit fitted in a passenger transport vehicle; or
- the viewing, downloading, copying, playing, editing or erasing of a visual, audiovisual or audio recording in contravention of regulation 35ZF.
Booking services are required to report notifiable occurrences to DoT as soon as practicable after the booking service becomes aware of the notifiable occurrence. Failure to comply with this requirement may attract fines of up to $9,000 for an individual and up to $30,000 for a body corporate.
Booking services also have a responsibility to report allegations about driver conduct to DoT. Any incidences where it is alleged a driver has engaged in conduct (whether by act or omission) that would affect the driver’s suitability to drive a vehicle for on-demand passenger transport must be reported to DoT.
How to report notifiable occurrences
Notifiable occurrences must be reported as soon as practicable after the provider of an on-demand booking service or driver of a passenger transport vehicle becomes aware of such an occurrence.
To report a notifiable occurrence, complete the ODT121: Notifiable Occurrences Report form (below) in English and in legible writing, and submit to On-demand Transport.
|Notifiable occurrences report (Form ODT121)||Kb|
Reporting alleged driver conduct
All authorised ODBS’ must report to DoT any allegations that a driver of an on-demand passenger transport vehicle was engaged in conduct that would affect the driver’s suitability to drive in the on-demand transport industry.
ODBS providers must make the report within 48 hours after becoming aware of the alleged conduct.
To report an allegation of driver conduct, complete the ODT 122: Alleged Driver Conduct Report form in English and in legible writing, and submit to On-demand Transport.
|Alleged driver conduct report (Form ODT122)||Kb|
Booking services are required to be transparent in the determination of their fares.
All booked fares which is every fare other than rank or hail, must be agreed in advance with the hirer and provided in writing prior to the trip commencing.
If using a taxi meter, a booking service must provide a fare schedule in an approved form that states the metered fares. The fares must not exceed the maximum outlined in the regulations.
It will be up to individual businesses to decide whether to charge a surcharge based on time or availability, or to charge less than any regulated maximums.
Surge pricing or queue-jumping surcharges are not permitted if there is a declared state of emergency for the area.
Further information about fares can be found at Fares (country and metro)
Education and compliance
To assist booking services to understand and meet their safety duties and standards, DoT will be conducting advisory visits and audits. During an advisory visit DoT Education and Compliance Officers will talk through the safety obligations and authorisation conditions detailed in the Act and Regulations, provide support to booking services to understand how to meet their obligations and answer any questions the ODBS may have.
Following the advisory visit, Officers will undertake an audit and provide recommendations to the ODBS to assist them in meeting their obligations.
DoT have released a suite of resources to assist booking services to meet safety duties and standards, including:
- a safety management system guide;
- vehicle and fatigue management plan templates;
- record keeping guide;
- complaints handling resources; and
- an audit checklist.