Safety duties for passenger transport drivers
A chain of accountability framework applies for the passenger transport industry in WA. The Transport (Road Passenger Services) Act 2018 (the Act) defines roles for those involved in each level of the industry and sets out their obligations and responsibilities, particularly in relation to the health and safety of passengers, drivers and the public.
When driving for hire or reward, passenger transport driver (PTD) authorisation holders must:
- ensure their own health and safety;
- ensure that their acts or omissions do not adversely affect the health and safety of others;
- comply with any reasonable instruction given by an on-demand booking service (ODBS) or passenger transport vehicle (PTV) provider, to allow them to comply with the Act; and
- cooperate with any reasonable health and safety policy or procedure of the ODBS or PTV provider.
For further information about safety duties, visit the Safety for industry page.
PTV signage, livery and equipment
Drivers must ensure their PTVs are meet certain signage, livery and equipment standards. These requirements vary depending on if the PTV is authorised in the OD-RH (taxi) category or OD-C (charter) category.
For more information, visit PTV equipment and modification requirements.
Camera surveillance units
Any on-demand rank or hail (taxi) vehicle must be fitted with a suitable camera surveillance unit (CSU) that meets the Camera Surveillance Unit Standards 2020 and is in working order.
You must clearly display signage in and on the vehicle to notify passengers that they are being recorded.
Penalties can apply for operating the vehicle without a compliant type of CSU installed.
It is not mandatory to install CSUs in on-demand charter PTVs (including rideshare vehicles) however if you do, there are rules that you need to comply with.
For more information, visit the Camera surveillance units page.
Wheelchair accessible vehicle driver training
If you drive a wheelchair accessible vehicle (WAV) taxi, you must be able to demonstrate that you meet TLIC0026, the nationally recognised unit of competency related to providing WAV taxi services to passengers with disability.
For more information, visit the Transporting people with disability page.
Fatigue management
Fatigue is mental and/or physical exhaustion that reduces your ability to perform your work safely and effectively. Driver fatigue is one of the most significant safety hazards facing the road transport industry, with fatigue being a factor in many vehicle crashes.
Visit the safety management hub’s Fatigue page to learn more about how to manage driver fatigue.
Vehicle safety and maintenance
As a driver you are responsible for ensuring your vehicle is maintained, for example, ensuring tyres have adequate air, lights are working and oil level is correct. See the Vehicle maintenance checklist page for further information on how to maintain your vehicle.
Mechanical failure occurs when one or more vehicle components fails, malfunctions or breaks down. This may include issues with brakes, tyres, steering, windshield wipers or lights. Visit the Vehicle mechanical failure page for more information.
Any major issues with your vehicle should be reported to your ODBS immediately.
Reporting notifiable occurrences
PTD authorisation holders are required to report all notifiable occurrences they become aware of to DTMI, through their DoTDirect account.
Notifiable occurrences are incidents of a serious nature that involve, or have the potential to result in, injury, violence or abuse of a person. Failure to report notifiable occurrences may attract fines of up to $9,000.
Visit On-demand Transport industry portals to learn more about notifiable occurrences and how to report them to DTMI.
Seat belt laws and child restraint laws
Unless otherwise exempted, seat belts and child restraints must be used when travelling in passenger transport vehicles. This includes any vehicle used or intended to be used to provide:
- OD-C services;
- OD-RH (taxi) services;
- regular passenger transport (RPT); or
- tourism passenger transport (TPT).
Taxi drivers are permitted to not wear a seatbelt if they are carrying passengers after dark.
The Road Traffic Code 2000 outlines seat belt requirements for drivers and passengers in Western Australia. See Seats and seatbelts for more information.
PTV driver responsibility around passengers and seat belts
Unlike normal drivers, a driver of a PTV is not responsible for ensuring that all passengers over 16 years wear a seat belt.
Drivers of PTVs are also exempt from ensuring passengers under 7 years wear the appropriate child restraint, but only if a child restraint is not available in the vehicle.
Where there is no child restraint fitted, PTV drivers must ensure that a passenger aged between 1 year and 7 years wears a seat belt that is properly adjusted and securely fastened, to the best extent possible, given the height and weight of the child. The child must also not be in the front row of seats if the vehicle has two or more rows of seats – penalties apply.
A passenger in a PTV who is over 16 years of age may hold a child who is under 1 year of age in their lap if there is no suitable child restraint available for the child and the passenger is not in the front row of seats if the vehicle has more than one row of seats.
A child restraint is considered available if it is fitted to the vehicle and is not already occupied by someone under the age of 16 years.
Alcohol consumption in an authorised PTV
For the safety of passengers, drivers and the public, passenger alcohol consumption is restricted in authorised PTVs.
Alcohol cannot be consumed in vehicles with an active OD-RH (taxi), TPT, or RPT PTV authorisation.
Exemptions to the Liquor Control Act 1988 allow passengers aged 18 or older to consume alcohol in a vehicle with an on-demand charter (OD-C) PTV authorisation, only if:
- an OD-C PTV authorisation is in force;
- the vehicle is equipped to carry 14 passengers or less (excluding the driver);
- the vehicle is hired in advance of the trip and is hired for at least one continuous hour (such as a limousine hired for a wedding);
- the driver of the vehicle does not allow a drunk person or juvenile to consumer liquor in the vehicle;
- any juvenile passengers are accompanied by, and under the supervision of, a responsible adult; and
- the purpose of the vehicle hire cannot include transporting school students to or from a school-based function (like a school ball).
For further information about the Liquor Control Act 1988, visit the Department of Local Government, Industry Regulation and Safety website.