Queensland's Personalised Transport Horizon - Stage Two Implementation - Transport and ...
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Queensland Government Queensland’s Personalised Transport Horizon Stage Two Implementation
Minister’s foreword
The Queensland Government is consider not only the changes we are while ensuring safety, accessibility,
committed to delivering a new experiencing, but create a framework affordability and accountability in
framework for personalised that anticipates and accommodates relation to the provision of those
transport that responds to future changes. services.
technological change. Stage 1 of the Government’s reforms Personalised transport plays a crucial
were announced in August 2016, with role in creating a truly connected
At a time of significant structural
ride-booking services legalised on 5 transport network. The Queensland
change in the global transport sector,
September 2016. The reforms removed Government’s proposed reforms will
it is more important than ever that we
significant red tape for the taxi and ensure the sector can continue to grow
establish the appropriate regulatory
limousine industries, reducing their and ensure an improved experience for
frameworks to allow operators, drivers
regulatory burden and delivering more consumers.
and consumers to engage with new
flexibility to innovate and differentiate
technology and new services.
their offerings.
In addressing this change, we must
Stage 2 of the proposed reforms
consider the impacts it will have
will establish a modern, agile, and Honourable Mark Bailey MP
on our transport infrastructure, the
simplified regulatory framework for Minister for Main Roads, Road Safety
safety of those who use these services
personalised transport services that and Ports and Minister for Energy,
and other road users. We must also
allows greater choice for customers Biofuels and Water Supply
Queensland’s Personalised Transport Horizon
Implementing the new
framework for the personalised
transport industry
On 11 August 2016, the In March 2017 the Queensland • The creation of a $100 million
Queensland Government Government is introducing into Industry Adjustment Assistance
announced reforms to the Parliament the legislative changes Package (IAAP), which includes $60
personalised transport required to support the second stage million in transitional assistance
of the personalised transport reforms,
industry through Queensland’s for taxi and limousine licence
with implementation to follow passage
Personalised Transport Horizon of the bill.
holders. Since its commencement
– Five Year Strategic Plan for in late 2016 over 90% of available
Personalised Transport Services Key outcomes of the personalised funds have been distributed to
2016-2021 (Horizons). The transport reforms to date include: eligible licence holders.
document outlined a staged • The preservation of existing taxi • The implementation of protections
approach for the implementation licences. to ensure customers with
of reforms: disabilities have affordable and
• The retention of exclusive rights to
rank and hail services by existing accessible personalised transport.
Stage One – immediate reforms This has been achieved through
taxi licence holders.
to legalise ride-booking services
the retention of taxis’ exclusive
(including safety requirements for • Increased fines to reflect the
vehicles and drivers) and ease the rights to deliver services to
seriousness of particular offences,
regulatory burden for the taxi and passengers who are members
including soliciting and touting for
limousine industries by reducing the hiring of a public passenger of the Taxi Subsidy Scheme, and
red tape vehicle (other than taxis) which has the introduction of an incentive
doubled from $243 to $487. The payment for drivers of wheelchair
Stage Two – comprehensive changes fine for using a rank in a vehicle accessible taxis to prioritise
to the legislation to enhance the other than a licensed taxi has services to Taxi Subsidy Scheme
safety, efficiency and accessibility increased fivefold from $48 members identified as requiring a
of personalised transport services to $243.
by establishing new industry wheelchair to travel.
responsibilities, a new licensing • Reduced the taxi industry’s
• Ongoing active education and
framework for booked hire services regulatory burden and increased
enforcement of all aspects of the
as well as a new authorisation the opportunity to innovate by
legislation by Transport Inspectors
framework for booking entities removing nearly 80 pieces of
from the Department of Transport
regulation.
and Main Roads.
Stage Three – ongoing monitoring,
review and evaluation of the new
framework
Stage 1 Stage 2 Stage 3
Immediate reforms New framework introduced Review of new framework
5 September 1 November 1 December March Mid
2016 2016 2016 2017 2017 2018
2021
Implementation Delayed Industry Introduction Legislation Ongoing
of immediate implementation Adjustment of Bill to enacted monitoring,
changes to of some changes Assistance Parliament review and
regulations to allow industry Package Staged Implementation evaluation of the
time to comply Legislation framework
passed
Ongoing monitoring
Ongoing engagement with personalised transport industry
1
Stage Two – To be phased in
from the second half of 2017
Framework Aims Outcomes
Strengthen • Annual inspections for all personalised transport vehicles (Certificate of
safety standards Inspection)
for the whole • Mandatory security cameras for personalised transport vehicles dependant
personalised on the risk profile of service
transport • New fatigue management requirements as part of the chain of responsibility
industry Strengthen safety
• New class ofEncourage
Drive innovation
CTP insurance forEnsure
booked hire vehicles and limousines
standards for the and improved competition and accountability and
whole customer service provide customers clearly define
personalised standards
• New through
annualwith greaterto provideobligations
licence booked across
hire services
transport industry reduced red tape choice and the industry
Provide customers • No new perpetual
flexibilitytaxi service licences
with greater choice • No new annual taxi service licences issued until at least 2018
and flexibility • Retention of limousine service licences
• Special purpose limousine service licences to be phased out
Enhance Drive innovation Encourage Ensure
accessibility and improved competition and accountability and
hrough the
egalisation and
Drivecustomer service
innovation
standards through
provide customers
with greater
clearly define
• More red tape removed
obligations across
egulation of and improved
reduced red tape choice and the•industry
Removal of operator accreditation. Operators must operate a service under a
ide-booking flexibility
customer service taxi service licence, limousine licence or booked hire service licence
standards through • Removal of taxi driver bailment requirements
reduced red tape • Removal of taxi service contracts for taxi booking companies
Strengthen safety Enhance Drive innovation Encourage Ensure
standards for the accessibility and improved competition and accountability and
whole through the customer service provide customers clearly define
personalised Ensure
legalisation and standards through with greater
• New chain ofobligations across
responsibility for the personalised transport industry
accountability
transport industry regulation of reduced red tape choice and the industry
ride-booking • New booking entity authorisation regime for booking entities
flexibility
and clearly define
• New financial and non-financial penalties for non compliance
obligations across
• Electronic payment surcharges capped at 5%
the industry
Drive innovation Encourage Ensure
and improved competition and accountability and
customer service provide customers clearly define
Consistent
standards through requirements
with greater for the
obligations personalised
across transport industry
reduced red tape choice and the industry
flexibility
Driver fatigue management
Zero tolerance for alcohol and drugs
Licensing
Annual vehicle Certificate of Inspection
Driver training
Chain of responsibility
New penalty regime
2 Queensland’s Personalised Transport Horizon
Practical licensing
arrangements
The new licensing framework The taxi industry security levy will be Existing limousine licences will be
will provide customers with deferred for a further 12 months. renewable for periods of up to five
greater choice and flexibility. years, continue to be transferable and
Operator accreditation will be
A booked hire service licence able to be leased. Service areas will
removed. All taxi services will need
will be created ensuring that all no longer apply to the provision of a
to be operated under a taxi service
personalised transport service limousine service, similar to booked
licence. Perpetual taxi service licence hire services.
providers are licensed.
renewal fees will be $171.40 per
annum. Operator accreditation will be
Taxi service licences
removed. All limousines will need to
Existing taxi service licences will be Limousine service be operated under a limousine licence.
retained and will allow services to be licences The annual renewal of these licences
provided from a rank, hailed from the will cost $171.40.
street or booked in advance. Existing limousine service licences are
perpetual and allow licence holders Booked hire service
The existing rights of taxi service to provide a pre-booked service in an
licence holders will be preserved. approved vehicle where the fare is
licences
No further perpetual licences agreed prior to the journey. Since 5 September 2016, ride-booking
will be issued by government, services have operated legally across
existing licences will continue to be Following consultation with the Queensland, without a service
transferable, able to be leased, and limousine industry, limousine service licence. Since that time, drivers must
renewable for periods of up to five licences will be retained. There will hold a Driver Authorisation which is
years at a time. be some changes to the regulatory consistent across all personalised
framework that applies to limousines. transport modes.
Taxi service areas will be retained
along with licensing conditions that Privileges that will be retained for Drivers of ride-booking services can
limit the area of operation. However, limousines include: only provide pre-booked services. It
current service licence conditions will is illegal for them to solicit or tout for
• the right to use road infrastructure
be streamlined and simplified, namely business or provide services through a
such as priority lanes or areas, bus
those relating to high occupancy rank or be hailed.
and transit lanes
vehicles, owner/drivers and green
vehicles. • existing exemptions under the An annual, non-renewable booked hire
Liquor Act 1992 that enables the service licence will be introduced. A
A new taxi service licence framework licence will be required to ensure the
serving of alcohol
will be introduced, but no new taxi person is suitable to provide these
licences will be issued until at least • the right to advertise themselves services and the vehicle complies with
2018. Any new taxi licences will be as a limousine. certain requirements.
made available through public offer,
will not be transferable but will be able Special purpose limousine service Booked hire service licences will be
to be leased. licences will be phased out over the issued annually at a cost of $237.26.
next three years given that these
licences are annual licences, much like
booked hire service licences.
3
An accountable industry
Accountability for all participants Chain of responsibility Significant financial and non-financial
in the personalised transport penalties will apply for non-
A new chain of responsibility compliance, including:
industry has been a guiding
framework setting out the legal
principle of the reforms. Clearly • For a breach of new primary duty of
obligations of each participant in the
defined obligations and an care and officer liability provisions,
personalised transport supply chain
updated penalty regime which has been developed. This includes a significant financial penalties
encourages more proactive range of obligations across a number apply (up to 3,000 penalty units
compliance by industry are of areas with a strong focus on or $365,000 for an individual or
important elements of the new improved safety outcomes. 30,000 penalty units or $3,657,000
framework. for a corporation where there is
It applies equally across the reckless conduct).
personalised transport industry
• Non-financial penalties for booking
in relation to all booking entities,
entities and operators include the
operators, and drivers.
suspension or cancellation of their
booking entity authorisation or
licence.
• The penalty regime for drivers
Booking • Taxi booking companies will include a gradual increase in
the financial penalties for repeat
entity • Booking platforms and apps
offenders of eligible offences, up to
• Operators who run their a maximum of 400 penalty units or
own business $48,760.
• Where a driver is convicted of
an eligible offence three times
• Taxi operators (including
Operator management companies)
within a three year period, an
immediate one month driver licence
suspension will apply.
• Limousine operators
• Booked hire operators
• Taxi drivers
Driver
• Limousine drivers
• Booked hire drivers
4 Queensland’s Personalised Transport Horizon
Booking entities The fee for booking entity Drivers, other than taxi drivers,
authorisation will be based on fleet must produce records of bookings
Booking entities will have various size. for services if requested by the
responsibilities, including meeting 1-5 vehicles $250 Department of Transport and
driver fatigue management 6-20 vehicles $700 Main Roads.
requirements, ensuring that 21-50 vehicles $2,000
drivers hold and maintain Driver More than 50 vehicles $5,000 For taxi drivers, bailment agreements
Authorisation and that drivers are will no longer be regulated. All
trained to government-set standards
Operators workplace relations matters (including
in relation to disability awareness, Operators will have various contractual arrangements and
anti-discrimination (including sexual responsibilities, including meeting working conditions) are commercial
harassment) and the provision of driver fatigue management matters for the industry to manage.
wheelchair accessible services, and requirements, ensuring that Protections may be offered to drivers
facilitating approved security camera drivers hold and maintain Driver under the Independent Contractors
downloads on behalf of operators. Authorisation and that drivers are Act 2006 and the Competition and
trained to government-set standards Consumer Act 2010 depending on their
They will also have responsibility for arrangements.
in relation to disability awareness,
ensuring that all vehicles are licensed
anti-discrimination (including sexual
and compliant.
harassment) and the provision of
Payment surcharges
Booking entities must have proof wheelchair accessible services. Further to reforms related to fares
of incorporation or other registered in stage one, electronic payment
All personalised transport services will surcharges will be capped at a
business structure in Australia, or
have to operate under a taxi, limousine maximum of 5%, in line with the
have a nominated officer who is based
or booked hire service licence. They Reserve Bank of Australia. The amount
in Australia.
will also have responsibility for vehicle of the surcharge must be listed on an
The Department of Transport and maintenance and safety requirements. itemised receipt.
Main Roads will facilitate access
Red tape will be reduced through the
to a register of licences, authorised
removal of operator accreditation.
booking entities and authorised
drivers so that booking entities will • Driver fatigue management
Drivers
be able to check that all parties hold obligations apply to all parties
necessary approvals. Drivers must be affiliated with an in the chain of responsibility
authorised booking entity to provide • All personalised transport
Under the reforms, booking entities personalised transport services. drivers must hold and maintain
must retain and provide data to the
the appropriate driver
Department of Transport and Main Drivers must be trained to government-
authorisation
Roads (such as the operation of set standards in relation to disability
services), and keep records of all awareness, anti-discrimination • Training obligations for drivers
bookings for at least two years. (including sexual harassment) and apply for all personalised
the provision of wheelchair accessible transport services
Red tape will be further reduced by services.
the removal of taxi booking company • Booking entities will have
service contracts and operator obligations to provide data
accreditation.
5
Enhanced safety
Strengthening safety across the Similarly, limousines and ride- Vehicle identification
personalised transport industry booking services will be required
to have security cameras if their All personalised transport vehicles
as well as ensuring customers
service delivery model involves are required to be identified through
have access to safe personalised different forms of signage or
cash or electronic payment being
transport options has been a identifiers. Taxis are currently required
made in person during the journey.
guiding principle for the reforms. to have a hail light and a number plate
The same regional and remote area
These reforms will include starting with the letter ‘T’. Taxi booking
taxi exemptions will apply to these
new requirements for security services. companies also use colour and
cameras, more stringent vehicle branding to differentiate themselves
identification requirements Where a personalised transport service commercially. Limousines must have
and fatigue management has an approved security camera a number plate starting with the letter
requirements. installed, the authorised booking ‘L’ or ’SL’.
entity will be responsible for managing
Requirements for ride-booking
Security cameras recordings in accordance with
vehicles to be identifiable were
specifications. Further, it is expected
At present, approved security cameras introduced under stage one. It is
that the booking entity will continue to
must be fitted in the majority of taxis in proposed to further strengthen these
cooperate with the Queensland Police
Queensland. Under stage two reforms, requirements under stage two.
Service regarding downloads.
security cameras will be mandatory for
personalised transport vehicles based A personalised transport service that Ride-booking vehicles are currently
on the risk profile of the service. does not meet the risk profile may required to clearly display a sign at the
voluntarily install security cameras. All rear of their vehicle. Typically, this has
An approved security camera system been the logo of the booking entity
security cameras installed (voluntarily
will be mandatory if the service meets with which the driver is associated.
or mandatory) must be an approved
one of these criteria:
security camera that complies with Under stage two, a vehicle used to
1. Driver and passenger anonymity the specifications published by the provide booked hire services will
(risk of assault) Department of Transport and Main be required to display appropriate
Roads. square signage of at least 146mm by
2. Cash transactions (risk of theft)
Specifications for security cameras will 146mm on the bottom left hand side
3. Point of payment is during the be more flexible and outcomes focused of the front and rear windscreen of the
journey (risk of fare evasion) which will reduce existing costs to vehicle. It must be retroreflective
industry. and be the identification sign
This means security cameras will advised by the entity who provides
remain mandatory in taxis due to their Forward and rear facing cameras may the booking service.
ability to provide rank and hail services be used by personalised transport
to anonymous passengers. Exemptions services, however government will
relating to regional and remote areas not regulate the specifications or
will continue. downloads for these cameras. Only an
approved security camera may be used
to record images or audio of persons in
the vehicle.
6 Queensland’s Personalised Transport HorizonFatigue to ensure another person does not Road Use
drive while fatigued. In addition,
Duties in relation to driver fatigue will government will also consider Under the Queensland Road Rules,
be placed on persons in the chain of imposing other requirements relating taxis and limousines are permitted
responsibility to ensure the safety to driver fatigue. This could include to use certain lanes (for example,
of taxi, limousine and booked hire standards about time spent driving a bus lanes and bicycle lanes) and
services. motor vehicle; requirements relating clearways in certain circumstances.
to monitoring, recording and reporting Taxis have exclusive access to taxi
Specifically, a person will be zones (or ranks) to pick up or wait for
prohibited from driving a motor vehicle on these matters; use of particular
equipment or technology to manage passengers.
to provide a taxi, limousine or booked
hire service while the person’s ability fatigue; and training of drivers It is not proposed to extend these
to drive safely is impaired by fatigue. and other persons in the chain of privileges to ride-booking vehicles due
responsibility about managing driver to likely impacts on congestion.
A person in the chain of responsibility fatigue.
must also take all reasonable steps
7Standardised vehicle
requirements
Vehicle safety inspection Compulsory Third Party Registration
requirements insurance Three month vehicle registration
Under stage one, all taxis, limousines All vehicles will be required to have the renewal terms, including CTP
and ride-booking vehicles are correct class of Compulsory Third Party payments, will be available to all
required to pass annual vehicle safety insurance (CTP) which reflects the personalised transport providers.
inspections to ensure safety standards claims experience of that class. Ride-booking vehicles will no longer
are applied consistently across the be able to use a Private Purpose of Use
industry. Taxis will remain in a separate class identification.
and a new class will be created for
As a transitional arrangement, ride- limousines and booked hire vehicles.
booking vehicles were required to hold
a safety certificate under stage one
reforms, as opposed to a Certificate of
Inspection which is required for taxis
and limousines.
Under stage two, all personalised
transport vehicles will be required
to pass an annual Certificate of
Inspection.
Accessibility for people
with a disability
The new framework provides Taxis will retain exclusive access to the needs of the members and comply with
protections to ensure customers provision of services to members of the Disability Standards for Accessible
with disabilities have affordable Taxi Subsidy Scheme. Public Transport.
and accessible personalised However into the future, the The Queensland Government remains
transport. Queensland Government may consider committed to the ongoing funding
Booked services for Taxi Subsidy the expansion of other personalised of the lift payment for drivers of
Scheme and wheelchair accessible transport operators providing wheelchair accessible taxis to
services are subject to maximum fare subsidised services to Taxi Subsidy prioritise services to Taxi Subsidy
protections for these customers. Scheme members, subject to operators Scheme members identified as
being able to meet the transportation requiring a wheelchair to travel.
8 Queensland’s Personalised Transport HorizonImplementation
Implementation of Stage 2 Enhanced compliance
reforms will follow passage of the focus
legislation through Parliament.
Effective enforcement is critical to
A staged approach will be taken
ensuring public safety, protection
to implementation to ensure
of the rank and hail market and
there is an orderly transition to
regulatory compliance from all
the new framework. industry participants. An additional
16 Transport Inspectors will be
deployed by the Department of
Transport and Main Roads to ensure
year round education, compliance and
enforcement.
Stage 2 Stage 3
New framework introduced Review of new framework
March Mid
2017 2017 2018
2021
Introduction Legislation Ongoing
of Bill to enacted monitoring,
Parliament review and
Staged Implementation evaluation of the
framework
Key activities during the transition include:
• Ongoing engagement with the personalised transport industry through the
Personalised Transport Industry Reference Group
• Seeking advice from relevant government agencies such as the Queensland
Productivity Commission and Queensland Competition Authority
• Updating systems and processes to align with the new framework
• Ongoing communication and education activities with industry participants
to ensure readiness for new framework
9Summary of Personalised
Transport Reforms
Taxi Limousine Ride-Booking
Practical licensing arrangements
Service licence to operate ✓ ✓ ✓
Licence fee Market driven ✗ ** $237.26 (annual)
Renewal fee $171.40 $171.40 *** ✗
($85.70 for exempt areas)
Renewal term Up to 5 years Up to 5 years *** ✗
Licence issued on demand ✗ ✗ ✓
One licence per vehicle ✓ ✓ ✓
Licence transferable ✓* ✓ *** ✗
Licence can be leased ✓ ✓ *** ✓
Pre-booked services ✓ ✓ ✓
Rank and hail services ✓ ✗ ✗
Service areas ✓ ✗ ✗
Taxi Industry Security Levy 2017/18 ✗ N/A N/A
Advertise as limousine service ✗ ✓ ✗
Liquor licensing exemption ✗ ✓ ✗
An accountable industry
Booking entity authorisation ✓ ✓ ✓
Booking entity fee $ 250 – 1-5 vehicles $ 250 – 1-5 vehicles $ 250 – 1-5 vehicles
$ 700 – 6-20 vehicles $ 700 – 6-20 vehicles $ 700 – 6-20 vehicles
$ 2000 – 21-50 vehicles $ 2000 – 21-50 vehicles $ 2000 – 21-50 vehicles
$ 5000 – > 50 vehicles $ 5000 – > 50 vehicles $ 5000 – > 50 vehicles
Chain of responsibility
- Fatigue management ✓ ✓ ✓
- Driver training ✓ ✓ ✓
- Authorised drivers and vehicles ✓ ✓ ✓
Data reporting ✓ ✓ ✓
Significant financial and ✓ ✓ ✓
non-financial penalties
Mandatory affiliation ✓ ✓ ✓
Operator accreditation ✗ ✗ ✗
Driver authorisation ✓ ✓ ✓
Capped payment surcharges ✓ ✓ ✓
Itemised receipts ✓ ✓ ✓
Provide fare estimates for ✓ ✓ ✓
pre-booked services
Bailment agreements ✗ ✗ ✗
10 Queensland’s Personalised Transport HorizonTaxi Limousine Ride-Booking
Enhanced safety
Security cameras ✓#
Forward and rear facing cameras ✓ ✓ ✓
permitted
Vehicle identification
- T plate ✓ ✗ ✗
- L plate or SL plate ✗ ✓ ✗
- Hail light ✓ ✗ ✗
- Front and rear retroreflective sign ✗ ✗ ✓
Driver fatigue management ✓ ✓ ✓
Use of special lanes ✓ ✓ ✗
Zero tolerance for alcohol and drugs ✓ ✓ ✓
Drivers must wear seatbelts ✓ ✓ ✓
Driver exemption for passenger ✓ ✓ ✓
seatbelt compliance
Standardised vehicle requirements
Annual certificate of inspection ✓ ✓ ✓
CTP insurance class Class 3 Class 26 Class 26
or Class 10A or 11 for or Class 4 for rental
wheelchair accessible vehicles
taxis
Registration purpose of use Taxi Limo Booked Hire or
Booked Hire Rental
3 month registration terms ✓ ✓ ✓
No age limits ✓ ✓ ✓
Prescribed vehicle characteristics ✓ ✓ ✓
Accessibility for people with a disability
Provision of Taxi Subsidy Scheme ✓ ✗ ✗
(TSS) services
Maximum fares regulated ✓^ ✗ ✗
Lift payment ✓ ✗ ✗
Dependent on risk profile
^ Only applies to rank and hail, TSS and wheelchair accessible services
# Due to anonymity of rank and hail services
* Does not apply to new taxi licences
** Only existing Special Purpose Limousine (SPL) licences can continue to obtain annual SPL licences until phased out
*** Does not apply to SPL licences which will be phased out over three years
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