TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 80 80 Insertion of new ch 4A

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 80

After chapter 4, part 3—

insert—

'The purpose of this chapter is to provide minimum requirements for taxi service bailment agreements.

This chapter does not apply if an authorised driver is employed by an accredited operator.

'(1) A taxi service bailment agreement is an agreement between an accredited operator and an authorised driver (the parties) for the bailment of a taxi for which the accredited operator is responsible that—

(a) is in writing; and

(b) is signed by both parties; and

(c) includes the information prescribed under a regulation for the taxi service bailment agreement.

'(2) A taxi service bailment agreement need not be limited to the bailment by an accredited operator of a particular taxi providing a taxi service.

'(1) This section applies to an accredited operator of a taxi service.

'(2) The accredited operator must not permit an authorised driver to drive a taxi for which the accredited operator is responsible unless the accredited operator has entered into a taxi service bailment agreement for the bailment of the taxi with the authorised driver.

Maximum penalty—40 penalty units.

'(1) An accredited operator of a taxi service must not enter into a taxi service bailment agreement providing for a set pay in arrangement with an authorised driver unless the authorised driver has held driver authorisation for at least 12 months, consecutively or cumulatively, within the 5 years before the agreement is entered into.

Maximum penalty—40 penalty units.

'(2) In this section—

set pay in amount, for a taxi service bailment agreement for the bailment of a taxi, means a fixed amount for the bailment of the taxi that does not relate to the takings of the authorised driver of the taxi.

set pay in arrangement, for a taxi service bailment agreement between an accredited operator of the taxi service and an authorised driver for the bailment of a taxi, means an arrangement between the accredited operator and authorised driver stating the authorised driver pays the accredited operator a set pay in amount.

'An accredited operator who has entered into a taxi service bailment agreement with an authorised driver must give a copy of the taxi service bailment agreement to the authorised driver.

Maximum penalty—20 penalty units.

'An accredited operator of a taxi service entering into a taxi service bailment agreement with an authorised driver must, unless the accredited operator has a reasonable excuse, keep a copy of the agreement for—

(a) the duration of the agreement; and

(b) 5 years from the day the agreement ends.

Maximum penalty—20 penalty units.

Note—

See the Electronic Transactions (Queensland) Act 2001, section 20 about keeping written documents.

'An authorised driver must not drive a taxi for an accredited operator unless a taxi service bailment agreement with the accredited operator is entered into.

Maximum penalty—10 penalty units.

'(1) An authorised person may ask an accredited operator to give the authorised person—

(a) a copy of a taxi service bailment agreement the accredited operator has entered into with an authorised driver; or

(b) if the accredited operator states that an authorised driver is an employee of the accredited operator—a statutory declaration that the authorised driver is an employee of the accredited operator.

'(2) When making a request under subsection (1), the authorised officer must warn the accredited operator it is an offence to fail to comply with the request, unless the accredited operator has a reasonable excuse.

'(3) An accredited operator must, unless the accredited operator has a reasonable excuse, comply with the request under subsection (1).

Maximum penalty—20 penalty units.

'(4) In this section—

authorised person means an authorised person under section 111(1) or (2)(a).

statutory declaration means a declaration made under the Oaths Act 1867.'.