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AFFILIATED TAXI SERVICE PROVIDER (TAXI OPERATOR) IN NSW

An affiliated provider provides a taxi service under the brand of an authorised Taxi Service Provider (TSP). They may own and manage their own taxi licence and taxi, but they are not themselves authorised as a TSP. They cannot provide taxi services except through an authorised TSP.

Do affiliated providers need to be authorised?

No, affiliated providers do not need to be authorised under point to point transport law. However, they must be affiliated with an authorised TSP and are responsible for ensuring their business complies with their safety duties and with the legislation governing areas such as taxi licensing, duty of care, safety management systems and safety standards.

What is the relationship between a TSP and an affiliated provider?

Under point to point transport law an affiliated provider must be affiliated with an authorised TSP. The TSP will have policies and procedures which govern how the taxi service is to be provided. The affiliated provider must comply with these. The affiliated provider obtains services which are needed to provide the service from the TSP such as security systems, payment devices and branding.

Affiliated provider’s responsibility

Whilst affiliated providers deliver services under the brand of an authorised TSP, they also have a duty of care and safety responsibilities some of which are outlined below. They cannot carry out or deliver taxi services unless they are affiliated with an authorised TSP. They are responsible to the TSP and must follow the policies and procedures of the TSP. If an affiliated provider wants to carry out or deliver taxi services direct to the public they need to become an authorised TSP.

TSP responsibility

The TSP is ultimately responsible for ensuring the services provided by the affiliated provider meet all requirements. This includes (but is not limited to) driver onboarding, vehicle maintenance, registration and insurance.

What is the duty of care for an affiliated provider?

Affiliated providers have a duty of care to ensure the health and safety of drivers, passengers and other people connected with their services. This includes, for example, ensuring security equipment is working and drivers are properly trained in how to use it.

What safety considerations does an affiliated provider have?

The safety of the industry in NSW is the Point to Point Transport Commissioner’s top priority. All TSPs are responsible for compliance with strict safety standards to ensure that their services are safe.

Safety Management Systems

An affiliated provider must have a Safety Management System. In practice, this means they will be required to implement and comply with the Safety Management System of their authorised TSP. For more information see the Safety Management Systems fact sheet.

Safety standards

Affiliated providers have safety responsibilities and need to comply with the safety standards set out in point to point transport legislation. The safety standards which apply to affiliated providers can be found on the Point to Point website.

Fact Sheet on Affiliated Taxi Service Provider (Taxi Operator)

METHOD OF PAYMENT FOR TAXI OPERATORS & TAXI DRIVERS

Method 1 - Commission

  • A driver who operates on Method I shall be entitled to receive and retain from the chargeable fares, the amount of the driver’s percentage.

  • Where a driver’s log book is supplied by the owner/operator, the driver shall record on that log, information like: Meter readings, trips and units, as prescribed in the drivers log book  

  • The operator pays for all fuel and car wash

  • A First Year permanent driver shall be 45% of all chargeable fares taken, including GST.

  • A Casual or Second and Subsequent Year permanent driver shall be 50% of all chargeable fares taken including GST.

  • Notation: The casual driver’s percentage includes compensation for not having sick or annual leave entitlements. 

  • A driver can retain tips

Method 2 - Set Pay-in

  • A driver shall be entitled to receive and retain from the chargeable fares, the balance left after deducting the amounts set out in Table 1 – Wages, Part B

  • An owner/operator and a driver may agree on lesser Pay-in amounts than those specified in Table 1 – Wages, Part B

  • provided that such an agreement shall not operate to relieve the owner/operator of the obligation to comply with any requirement of the determination e.g. Annual leave

  • The driver shall at the conclusion of each shift pay to the owner/operator that part of the chargeable fares which the driver is not entitled to receive and retain

  • The owner/operator shall give to the driver a dated and signed receipt for each such payment, no later than the first occasion the driver attends for work in normal business hours after the payment has been made

  • The driver shall pay for fuel and car wash

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A GUIDE FOR TAXI DRIVERS, OWNER & OPERATORS

This guide helps to provide a brief overview of the important provisions of the Taxi Industry (Contract Drivers) Contract Determination 1984, which applies to Drivers in the Taxi Industry within the Greater Metropolitan Transport District (as defined in section 108 of the Transport Administration Act 1988 (NSW)).

CLICK HERE TO GO TO THE GUIDE ON THE NSW INDUSTRIAL RELATIONS WEBSITE.

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