South Australian Current Regulations

PASSENGER TRANSPORT REGULATIONS 2009 - SCHEDULE 5

Schedule 5—Codes of practice

1—Bus operators

The operator of a passenger transport service involving the use of 1 or more buses must—

            (a)         treat customers with politeness, courtesy, helpfulness and honesty; and

            (b)         observe and promote truth in advertising; and

            (c)         deal promptly and courteously with complaints by passengers and other members of the public, and respond promptly to complaints directed from the Minister; and

            (d)         employ only appropriately accredited drivers, of a general calibre capable of meeting the needs of customers; and

            (e)         ensure that drivers are aware of, and abide by, the code of practice for drivers; and

            (f)         promote customer awareness of any authorised star rating system for vehicles, and indicate the rating of his or her vehicles in promotion material, and on the vehicles; and

            (g)         keep a vehicle as clean as possible when used for carrying passengers for hire or reward; and

            (h)         not engage in dishonest or dishonourable conduct in relation to a service, or in relation to the accreditation, and not permit an employee or agent of the operator to do so; and

                  (i)         at all times comply with policies determined by the Minister directed at promoting service to the public; and

            (j)         provide an area of off-street parking adequate to park the number of vehicles under the control of the operator; and

            (k)         provide an adequate area and standard of undercover maintenance facilities and equipment in order to garage, service and maintain the vehicles used for the purposes of the service, or else have ready access to an appropriate repair workshop; and

            (l)         monitor staff performance and assist in the provision of appropriate skill enhancement training and promote the themes of courtesy, safety and professional service among staff; and

            (m)         ensure trip times that do not force drivers to travel in excess of lawful speed limits and enable drivers to abide by any statutory limits on the periods for which a person may drive a vehicle; and

            (n)         ensure that all on and off road equipment is correctly maintained, is safe to operate and is appropriately licensed as required; and

            (o)         have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and

            (p)         be particularly sensitive to the needs of people with disabilities.

2—Small passenger vehicle operators

The operator of a passenger transport service involving the use of 1 or more small passenger vehicles must—

            (a)         treat customers with politeness, courtesy, helpfulness and honesty; and

            (b)         observe and promote truth in advertising; and

            (c)         deal promptly and courteously with complaints by passengers and other members of the public, and respond promptly to complaints directed from the Minister; and

            (d)         employ only appropriately accredited drivers, of a general calibre capable of meeting the needs of customers; and

            (e)         ensure that drivers are aware of, and abide by, the code of practice for drivers; and

            (f)         strive to keep a vehicle as clean as possible when used for carrying passengers for hire or reward; and

            (g)         not engage in dishonest or dishonourable conduct in relation to a service or in relation to the accreditation, and not permit an employee or agent of the operator to do so; and

            (h)         at all times comply with policies determined by the Minister directed at promoting service to the public; and

                  (i)         provide a standard pre-paid booking record to the public where applicable, with clear conditions for deposits and payments; and

            (j)         refund cancellations of bookings in full, or less deposit and costs proportionate to the time elapsed between the time of booking and the time of the booked service, subject to the customer having been advised of cancellation costs in advance; and

            (k)         not take bookings unless the operator is confident that the booking can be met; and

            (l)         monitor staff performance and assist in the provision of appropriate skill enhancement training and promote the themes of courtesy, safety and professional service among staff; and

            (m)         ensure that a driver who has worked for more than 5 hours in another job does not commence work as a driver without a break; and

            (n)         ensure that all on and off road equipment is correctly specified and maintained, is safe to operate and is appropriately licensed as required; and

            (o)         have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and

            (p)         be particularly sensitive to the needs of people with disabilities; and

            (q)         insofar as SATSS applies to the operator of the service—

                  (i)         comply with the SATSS conditions of use; and

                  (ii)         take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and

                  (iii)         ensure that all SATSS vouchers are—

                        (A)         thoroughly checked at the time of presentation by the driver, to ensure that the driver has actually carried out the work; and

                        (B)         tagged and recorded in such a manner that any information from that voucher can be accessed quickly and accurately; and

                        (C)         returned to the driver if there are any obvious deletions or alterations, or if the voucher is not legible; and

            (r)         not engage in conduct that may bring the passenger transport industry into disrepute.

3—Taxi operators

The operator of a taxi service must—

            (a)         treat customers with courtesy, helpfulness and honesty; and

            (b)         keep a vehicle as clean as possible when used for carrying passengers for hire or reward; and

            (c)         ensure that the vehicle is maintained to regulated standards of passenger comfort and safety, and is mechanically and bodily sound; and

            (d)         deal promptly and courteously with complaints, including those directed from the Minister; and

            (e)         prominently display on a vehicle information identifying the centralised booking service to which it belongs and the credit facilities that are accepted; and

            (f)         not engage in dishonest or dishonourable conduct in relation to a service or in relation to the accreditation, and not permit a driver to do so; and

            (g)         at all times comply with policies determined by the Minister directed at promoting service to the public; and

            (h)         ensure that customers will have access to at least all credit facilities authorised by the centralised booking service; and

                  (i)         ensure that a sufficient supply of credit vouchers is available to the driver at the beginning of each shift; and

            (j)         ensure that drivers are aware of the requirements of the relevant code of practice for drivers; and

            (k)         not leave the membership of a centralised booking service before the operator has fulfilled all of his or her financial obligations to that service; and

            (ka)         not leave the membership of a centralised booking service before the operator has fulfilled all of his or her obligations in respect of any disciplinary action ordered by that service; and

            (kb)         comply with any requirements, policy or procedure issued by the centralised booking service; and

            (kc)         comply with the SATSS conditions of use; and

            (kd)         ensure that all SATSS vouchers are—

                  (i)         thoroughly checked at the time of presentation by the driver, to ensure that the driver has actually carried out the work; and

                  (ii)         tagged and recorded in such a manner that any information from that voucher can be accessed quickly and accurately; and

                  (iii)         returned to the driver if there are any obvious deletions or alterations, or if the voucher is not legible; and

                  (iv)         only presented to the centralised booking service affiliated with the taxi recorded on the voucher; and

            (ke)         take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and

            (kf)         not engage in conduct that may bring the taxi industry into disrepute; and

            (l)         have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and

            (m)         be particularly sensitive to the needs of people with disabilities; and

            (n)         ensure that drivers are aware of the procedures to be followed in the event of an incident that requires the downloading of material from a security camera system, including where to take the taxi for that downloading to occur; and

            (o)         ensure that the Minister and the relevant centralised booking service are informed when a security camera system is installed in the taxi, or transferred to another taxi.

4—Taxi drivers

A taxi driver must—

            (a)         treat all customers with courtesy, helpfulness and honesty, and pay particular attention to the needs of the frail, aged, disabled and children; and

            (b)         take the shortest and/or most practicable route, unless the passenger requests otherwise; and

            (c)         observe the laws that relate to safe driving; and

            (d)         not take drugs as a means of overcoming fatigue, ensure that he or she does not have any concentration of alcohol in his or her blood while driving, and observe the laws that relate to driving under the influence of drugs; and

            (e)         readily accept all credit vouchers authorised by any relevant centralised booking service; and

            (f)         offer to put on the air conditioning on warm or hot days; and

            (g)         accept all lawful requests for carriage, no matter what the distance; and

            (h)         display current identification at all times inside the vehicle; and

                  (i)         keep the interior of the taxi clean and tidy; and

            (j)         drive in a manner that will minimise wear and tear on the vehicle; and

            (k)         have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and

            (l)         be particularly sensitive to the needs of people with disabilities; and

            (m)         be honest, polite and patient in network communication and as far as possible, cooperate in the efficient and responsive processing of network bookings; and

            (n)         check the vehicle for lost property at the end of each shift; and

            (o)         ensure that any relevant centralised booking service is notified if a mobile telephone or other form of communications facility is installed in the taxi, used in conjunction with the taxi or otherwise used to book the taxi; and

            (oa)         not accept a request for hire from a centralised booking service for taxis unless it is accredited under Part 4 Division 3 of the Act; and

            (ob)         comply with the SATSS conditions of use; and

            (oc)         ensure that all SATSS vouchers are thoroughly checked at the time of presentation by the passenger; and

            (od)         take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and

            (oe)         comply with any requirements, policy or procedure issued by the centralised booking service, including any disciplinary action ordered by the centralised booking service; and

            (of)         not engage in dishonest or dishonourable conduct in carrying out his or her duties; and

            (og)         not engage in conduct that may bring the taxi industry into disrepute; and

            (p)         not, if the driver has been issued a booking by the centralised booking service, pass the booking onto another driver except through the booking service; and

            (q)         assist other drivers with disabled vehicles, particularly if the disabled vehicle is carrying a passenger; and

            (r)         check that a security camera system fitted to the taxi is operating correctly before commencing a shift; and

            (s)         not be available for hire, stand at a taxi-stand or accept a hiring if a security camera system fitted to the taxi is not operating correctly; and

            (t)         report any security related incident immediately if it is safe to do so; and

            (u)         following a security related incident, comply with any direction of the Minister, a police officer, an authorised officer or other officer, or another person acting under the authority of the Minister.

5—General passenger service drivers

A general passenger service driver must—

            (a)         treat customers with politeness, courtesy, helpfulness and honesty; and

            (b)         observe the laws that relate to safe driving; and

            (c)         ensure that he or she does not have any concentration of alcohol in his or her blood while driving, and observe the laws that relate to driving under the influence of drugs; and

            (d)         strictly observe legal requirements relating to driving hours and rest periods; and

            (e)         drive defensively in the interests of general public safety; and

            (f)         ensure that any destination sign is accurate; and

            (g)         be sensibly and safely dressed when dealing with customers, in a manner that will advance the image of the passenger transport industry; and

            (h)         have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and

                  (i)         be particularly sensitive to the needs of people with disabilities; and

            (j)         insofar as SATSS applies to the general passenger service driver—

                  (i)         comply with the SATSS conditions of use; and

                  (ii)         ensure that all SATSS vouchers are thoroughly checked at the time of presentation by the passenger; and

                  (iii)         take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and

            (k)         not engage in conduct that may bring the passenger transport industry into disrepute; and

            (l)         not accept a request for hire from a centralised booking service unless it is accredited under Part 4 Division 3 of the Act.

6—Centralised booking service operators

The operator of a centralised booking service must—

            (a)         ensure that all customers and potential customers are treated in a courteous manner, and that complaints or enquiries are handled efficiently, honestly, responsibly and impartially; and

            (d)         not knowingly allow vehicles with serious defects to use the service; and

            (e)         be familiar with and comply with all regulations set down from time to time under Commonwealth laws relating to radio and other forms of communication; and

            (f)         ensure that all staff are adequately trained to carry out their respective duties; and

            (g)         ensure that there are sufficient customer service representatives on duty at all times to enable each operator to acquire and record appropriate customer information; and

            (h)         ensure that procedures are fair and equitable in the allocation of bookings and are non-discriminatory; and

                  (i)         ensure customer service representatives and dispatchers understand that it is unlawful to discriminate against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy, and are particularly sensitive to the needs of people with disabilities; and

            (j)         ensure that an accredited driver operating within the service is aware of the service's policies, initiatives or other matters relating to an efficient service to its customers; and

            (k)         ensure that drivers and operators are aware of, and abide by their respective codes of practice; and

            (ka)         comply with the SATSS conditions of use; and

            (kb)         not engage in conduct that may bring the passenger transport industry into disrepute; and

            (l)         seek at all times to foster service to the public and promote the passenger transport industry as a whole; and

            (m)         at all times observe and promote truth in advertising; and

            (n)         take immediate disciplinary action against employees and drivers for serious breaches of customer service requirements; and

            (o)         not accept the operator of a taxi service into membership of the service unless the operator has a clearance from the service that he or she has left. A decision regarding clearance should be finalised within 24 hours; and

            (p)         put into place and observe a policy for transferring work to ensure that all taxi customers are not disadvantaged; and

            (q)         keep a record of all breaches of the drivers code in a register, and make that register available to the Minister, or to the driver, on request; and

            (r)         undertake public awareness and education regarding the use of vehicles participating in the service; and

            (s)         ensure that all SATSS vouchers are—

                  (i)         thoroughly checked at the time of presentation by the driver, to ensure that the driver has actually carried out the work; and

                  (ii)         tagged and recorded in such a manner that any information from that voucher can be accessed quickly and accurately; and

                  (iii)         returned to the operator if there are any obvious deletions or alterations, or if the voucher is not legible; and

            (t)         take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and

            (u)         in the case of a centralised booking service that provides a fleet safety support service to taxis (other than taxis used to provide a country taxi service)—

                  (i)         appoint a Security Liaison Officer in connection with the installation and operation of security camera systems in taxis; and

                  (ii)         provide a reasonable level of advice and assistance to operators and drivers in connection with the operation and maintenance of security camera systems installed in taxis; and

                  (iii)         advise the relevant operator if a driver fails to comply with a procedure for the operation and use of a security camera system fitted in the taxi, or for the downloading of material or the provision of material to the police or the Minister; and

                  (iv)         on request, provide a driver with information on where material can be downloaded from a security camera system fitted to a taxi following a security related incident; and

                  (v)         maintain a register of taxis fitted with security camera systems (including details of the registration number of the taxi, the kind of system installed, and other information determined by the Minister); and

                  (v)         ensure that any identification provided to a driver for the driver to display or carry inside the vehicle (as required by these regulations) is a true and accurate photograph of the driver; and

            (w)         a centralised booking service must ensure that—

                  (i)         the operator of a passenger transport service does not participate in the booking service unless the operator holds a current accreditation under Part 4 Division 1 of the Act; and

                  (ii)         any person who drives a vehicle for the purposes of a passenger transport service that participates in the booking service holds a current accreditation under Part 4 Division 2 of the Act.