For the protection of passengers and the general public, taxis and other personalised transport vehicles operate under licences (or permits) issued by State Governments. These licenses require vehicles to be fit for purpose and safe. Conditions of licensure may require the vehicles to be regularly inspected for safety and quality, to carry necessary insurances, to be within specified age limits, and to maintain a range of equipment including such things as air-conditioning for passenger comfort, a taximeter for accurate determination of fares and prevention of fraud, security cameras for driver and passenger safety, and distinctive livery for ready and reliable identification.
To satisfy the ATIA’s endorsement criteria, an app provider must ensure that facilitated trips are only performed in licensed vehicles with current certificates of inspection issued under the respective State Government regulations. For example, this would include having active safeguards preventing dispatch to unlicensed or unregistered vehicles or to licensed vehicles which that may be subject to remedied defect notices.
For the protection of passengers and the general public, taxi drivers and other personalised transport drivers are authorised (certified) by State Governments. To qualify for authorisation, drivers must hold an Australian driver licence and undergo stringent criminal history checking to ensure they are fit and proper persons. They may also have to demonstrate competency in speaking and communicating in English, pass a medical examination. Also, authorised (certified) drivers are prohibited from being under the influence of any drug or alcohol while plying-for-hire (i.e. maintain a zero blood alcohol level).
To satisfy the ATIA’s endorsement criteria, an app provider must ensure that facilitated trips are only performed by drivers holding current and valid authorisation. For example, this would include having active safeguards preventing dispatch to drivers who do not hold driver authorisation, or to drivers whose authorisation may not be current because of temporary or permanent expiry, suspension or disqualification for medical, criminal, misbehaviour or other reasons.
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State Governments may set a range of performance standards for taxi and other personalised transport service delivery. Importantly for passengers, these standards may set maximum time limits for response times (i.e. how long it takes for a vehicle to arrive at the pick-up location) and may impose penalties where those limits are exceeded.
To satisfy the ATIA’s endorsement criteria, an app provider must have capacity to record, collate and report response times and for those response times to be within the standards applicable in the respective State.
Passengers sometimes leave valuable or important personal items in vehicles. Recovery of such property can be improved markedly where passengers are easily able to report lost items and to have the respective driver initiate an immediate search for the missing property. Also, passengers should reasonably be able to expect that when their property is found it will be kept safe until they can arrange collection.
To satisfy the ATIA’s endorsement criteria, an app provider must have capacity to receive reports about lost property, to facilitate searches for lost property, and to have business premises in the local area for the safe storage of lost property pending its collection or retrieval.
Passengers sometimes experience service in taxis and other personalised transport vehicles that is unsatisfactory or that otherwise does not measure up to their expectations. It is important that passengers have someone to complain to in such circumstances – who can fairly and objectively investigate the complaint, take action to remedy the situation, and instigate measures that protect against repetition of any poor or unsatisfactory performance. Because the respective driver may well be the subject of the complaint it is usually not appropriate for the driver to be the person who receives or investigates complaints from passengers.
To satisfy the ATIA’s endorsement criteria, an app provider must allow passengers to conveniently lodge complaints with them (e.g. by phone, fax, email, website, sms, or in-person), properly and independently investigate all such complaints, implement remedial or corrective actions as warranted, and maintain full and proper records for all complaints and their outcomes.
State Governments typically set the prices (tariffs) for taxi fares to ensure that the community has access to affordable taxi services. Taxis, as distinct from other personalised transport vehicles, provide an essential service and periodically during times of high demand or limited supply passengers rely on Governments’ price caps (regulated maxima) to protect them from possible price gouging. (This is a legitimate role for government intervening to address market failure.)
To satisfy the ATIA’s endorsement criteria, an app provider must be able to demonstrate that fares are calculated consistently with the respective regulated tariff (e.g. using a taximeter) where applicable and that passengers have the option of paying no more than that amount (e.g. have the option to pay using cash).
Taxis typically are required by regulation to have an approved taximeter that is independently calibrated and protected against tampering. This is to ensure that fares are calculated accurately and in accordance with the tariff structure set by the respective State Government. The integrity of an approved taximeter is critical for consumer confidence, the prevention of fraud, and a key area for inspection and enforcement by regulatory authorities.
To satisfy the ATIA’s endorsement criteria, an app provider must ensure that when trips are dispatched the vehicle is fitted with an approved taximeter (except where exempt).
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Taxis and other personalised transport vehicles in Australia accept a range of payment options including cash and major credit / debit cards (i.e. Visa, MasterCard, American Express and Diners Club). The use of non-cash payment options may attract a service fee that is additional to the amount on the taximeter or the quoted fare. Given that it is the passenger who will ultimately pay any applicable service fee, it should always be the passenger’s prerogative to choose their method of payment.
To satisfy the ATIA’s endorsement criteria, an app provider must ensure that their app can be used without passengers having to supply credit / debit card details, that passengers always retain the option of paying by cash, and that applicable service fees are always fully disclosed.
Under the Disability Discrimination Act (1992) and the Disability Standards for Accessible Public Transport (2002), taxi and non-luxury personalised transport services must be provided without discrimination. People with disability must be able to book a taxi or non-luxury personalised transport vehicle in the same, or no less favourable, way as people without disability. This means that an app provider must assist anyone wishing to request a wheelchair accessible vehicle. It also means that persons with disability cannot be subject to adverse treatment by app providers or their affiliated drivers for reasons that relate to their disability. This applies to schemes where passengers receive a “star” rating by drivers.
To satisfy the ATIA’s endorsement criteria, an app provider must ensure that a person requiring a wheelchair accessible vehicle can book such a vehicle and that no person with disability can have their booking request refused, declined, or otherwise subjected to less favourable treatment because of their disability.
Taxis, as distinct from other personalised transport vehicles, are an essential service. They are an integral component of the overall public transport system. Every member of the community has a right to hire an available taxi and that hiring must not be unreasonably refused. It would be fundamentally wrong to require a passenger to waive his/her other rights to protections available under statute or common law in order to access a taxi service.
To satisfy the ATIA’s endorsement criteria, an app provider must not require passengers to supply indemnities whether for its own acts, omissions or negligence, or those of affiliated drivers.
Taxi drivers and other personalised transport drivers are typically small business owners and operators. As such, they should rightly be accountable for those aspects of the service, as well as the workplaces, that they control. However, they cannot reasonably be held responsible for the failings, omissions or negligence of affiliated businesses, especially businesses significantly bigger than themselves. In the case of app providers, the app provider should be responsible for its acts and omissions. An app provider should not use its respective power over affiliated drivers to require them to supply unlimited indemnities.
To satisfy the ATIA’s endorsement criteria, an app provider must not require a driver to supply indemnities for anything other than the respective driver’s own acts, omissions or negligence.
Passengers expect to have their privacy respected and protected. This means app providers and their affiliated drivers should only use information supplied by a passenger for the purpose of providing the transport services requested.
To satisfy the ATIA’s endorsement criteria, an app provider must ensure that all information relating to passengers and their travel is treated as private, stored or disposed of securely, and only disclosed where required by law or authorised by the respective passenger.
State Governments set prices (tariffs) for taxi fares as well as the number of taxis licensed to operate in particular areas. In doing so, they need to balance competing interests of passengers for affordability and prompt service with the industry’s need for viability and sustainability. In order to make efficient and effective determinations, State Governments need access to reliable and accurate information about taxi demand, on-road availability, response times, and complaints.
State Governments also need information about travel demand for planning purposes in regard to the public transport system and road infrastructure investment. In order to make efficient and effective decisions, State Governments need access to reliable and accurate information about taxi and other personalised transport demand
To satisfy the ATIA’s endorsement criteria, an app provider must have capacity to record, collate and report the performance data required by the respective State Government Department or Agency.
For the protection of passengers and the efficient delivery of public transport services, taxi and other personalised transport booking (dispatch) companies or platforms typically operate under authorisation (accreditation) issued by State Governments. Such authorisations may require a booking company or platform to maintain safety and quality standards, to carry necessary insurances, to meet specified performance targets, to be available for audit, to investigate complaints, and to securely retain all records.
To satisfy the ATIA’s endorsement criteria, an app provider must ensure that it complies with all requirements of the respective State Government for authorisation as a booking (dispatch) company or platform. For example, this would typically include operating on a 24/7 basis, rendering assistance for drivers in danger or emergency, and not unreasonably refusing service to any prospective passenger.