Driver safety and rights

Drivers have certain rights, which can result in a service being refused to passengers.

Drivers of on-demand rank or hail (taxi) vehicles must accept any passenger, unless:

• the driver has reasonable grounds to believe that the passenger/s or location at which the journey is to begin or end poses a threat to the driver’s safety;
• the driver has reasonable grounds to believe the passenger will damage or soil the vehicle;
• the passenger is abusive or aggressive;
• the passenger is under the influence of alcohol or drugs, to such an extent that he or she is likely to soil the vehicle, become abusive or aggressive;
• the driver has reasonable grounds to believe the passenger will evade or attempt to evade the payment of a fare;
• the driver requires the passenger to pay a deposit, and the passenger does not pay it; or
• the total number of passengers aged 12 years or over exceed the number of available seatbelts in the vehicle.

A driver can also refuse to carry a passenger if they believe it would result in some other likely safety hazard or offence. For example:

• the passenger refuses to wear a seatbelt when a seat belt is required;
• the passenger smokes inside the vehicle; or
• the passenger is accompanied by luggage or items which cannot safely be stowed in or on the vehicle.

Refusing a service to a passenger outside of these circumstances may result in penalties of up to $3,000.

Passengers cannot be refused service for:

• the length of their trip (too long or too short);
• the start or end location of their trip (unless this poses a threat to driver safety);
• use of Taxi User Subsidy Scheme Vouchers;
• requiring transport in a wheelchair, or to carry a wheelchair; or
• being accompanied by an assistance animal.

Individual ODBSs may have their own rules or policies around refusing passengers.

Soiled or damaged vehicle

In the event the vehicle is soiled or damaged by a passenger, the driver has the right to issue fees for cleaning and/or damages. Individual booking services may have their own policies around cleaning fees.

The Department of Transport is committed to fairness and transparency.

As a passenger transport operator you may from time to time be subject to decisions by Departmental staff that you disagree with.

You are entitled to have a decision reviewed or appealed. This may include a decision to issue an infringement or cancel a driver's licence.

For further assistance, please contact the Department of Transport's On-demand Transport.

When a passenger leaves the vehicle without paying, drivers should report the fare evasion to their booking service.

Department of Transport does not investigate fare evasions.

Information on your options for recovery of the unpaid fare as a debt can be obtained through the Magistrate's Court of Western Australia - Civil Matters or via phone (08) 9425 2222.

Note:

You have the right to request and receive payment of the estimated fare in advance and can refuse passengers who refuse to pay.

Drivers in the passenger transport industry may be subject to DoT compliance checks. Visit the Education and Compliance page to find out more about compliance checks and procedures.

Please refer to the Feedback and complaints page for types of complaints and how to lodge them.

On-demand booking services (ODBSs) have a legislated responsibility to ensure the health and safety of drivers and passengers and may enforce different protocols to do this during this time. ODBSs should update their safety management systems to ensure they have the necessary steps in place to minimise risk to drivers and passengers. 

Health and safety advice for drivers

To help stay safe, you can ask passengers if they have tested positive for COVID-19 before they get in your vehicle, so you can take extra precautions. 

You are encouraged to:

• stay home if sick and get tested;
• stay up to date with your vaccinations;
• physical distance whenever you can;
• wash or sanitise hands often;
• provide hand sanitiser to passengers;
• clean your vehicle regularly; 
• encourage contactless payment;
• avoid handling passengers’ luggage;
• ask passengers to sit in the back; and
• open windows and set air conditioning to fresh.

For more information, visit the WA Government COVID-19 (coronavirus) website.