On-demand transport Acts and regulations

The Department of Transport has reviewed the Transport (Road Passenger Services) Regulations 2020 (the Regulations) to identify improvements to support the passenger transport industry and safety outcomes.

A summary of the regulation changes is provided below on this page.

Changes have been made to ensure that no drivers are left unable to operate until their passenger transport driver (PTD) authorisation application is finalised. 

To further support industry to transition to the new requirements, F and T extension holders who have submitted a PTD authorisation application by 11.59pm, Wednesday 30 June 2021 can continue operating using their extension until either their application is finalised , or Monday 31 January 2022 (whichever is first). 

Previously, F and T extension holders were required to be granted a PTD authorisation by the deadline.

This means F and T extension holders must apply for or be granted a PTD authorisation by 11.59pm, Wednesday 30 June 2021 if they wish to continue driving for hire or reward. Drivers who have not applied for or been granted a PTD authorisation by this date will lose their F or T extension, and will be unauthorised to drive for hire or reward until they are granted a PTD authorisation. 

Penalties apply to on-demand booking services (ODBSs) who dispatch work to unauthorised drivers. ODBSs can use the Driver and Vehicle Industry Dashboard (DVID) to identify which of their drivers have not yet been granted a PTD authorisation.

Regulated maximum metered fares apply to all rank or hail (taxi) work in Western Australia.

Following consultation with taxi operators in 2020, the State Government has approved an increase to maximum metered rank or hail (taxi) fares in all regions across the State. 

The approved increase of around 6.5% largely reflects changes in the cost of living in Perth and across regional WA since 2014.  Full details will be included in the updated Regulations (published on 1 July 2021).

ODBSs are reminded that:

• the increase cannot be applied until 1 July 2021; 
• charging the maximum metered fares is voluntary – you can choose to charge less than the maximum in all or some of your fleet;
• metered rates must be shown on the fare schedules that are displayed in and on all taxis. If you change your metered fares, you must also change your fare schedules; and 
• taxis can charge contract fares for pre-booked work. Contract fares may be higher or lower than the maximum metered fares. If the contract fare is for a TUSS journey the (contract fare cannot be higher than the metered taxi fare would have been). 

A further review of the structure and regulation of maximum metered fares will be initiated later in 2021 to determine if there is a need for further changes to support industry. 

Community transport services are often provided by not-for-profit organisations at minimal or no cost to users, with driving undertaken by unpaid volunteers.

From 19 June 2021, the Regulations will make it clear that:

• drivers providing community transport services in a volunteer capacity, receiving no payment or other reward (e.g. fuel reimbursement, gifts), are not required to obtain a PTD authorisation; and
• drivers who are paid or receive other reward to provide community transport services may be required to obtain a PTD authorisation. 

A transport service is considered to be for hire or reward if the fee charged to passengers exceeds the running costs of the vehicle – this threshold is referred to as the prescribed amount.

The prescribed amount in the Regulations is based on the Australian Taxation Office’s (ATO) claimable amount per kilometre for vehicle use for 2020-2021. 

The Regulations have been updated to reflect the current ATO claimable amount which is 72 cents per kilometre. 

The Regulations previously listed the prescribed amount as 68 cents per kilometre, based on the ATO’s claimable amount per kilometre for vehicle use for 2018-2019.