Transport Legislation (Taxi Services) Amendment Bill 2015
Plain English Summary
Overview
This bill adds demerit points to the traffic history of anyone caught providing a taxi service without a licence or peak demand taxi permit. It was introduced as a private member's bill in 2015 to crack down on unlicensed operators (including early ride-share services) that the sponsor said were undermining the regulated taxi industry.
Who it affects
Drivers operating taxis or ride-share vehicles without a licence face demerit points on top of existing fines. Licensed taxi operators gain stronger enforcement against unlicensed competitors.
Key changes
- 3 demerit points added for providing a taxi service without a licence or peak demand taxi permit
- 6 demerit points for a repeat offence within 1 year of a previous offence
- Demerit points apply whether the offence ends in a conviction, a paid fine, or a State Penalties Enforcement Registry order
- Updates the definition of 'traffic history' so these new demerit points are recognised by the wider driver licensing system
- Extends the State Penalties Enforcement Act infringement-notice framework to cover section 70 taxi offences
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 Sept 2015View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
The Infrastructure, Planning and Natural Resources Committee examined the Transport Legislation (Taxi Services) Amendment Bill 2015, a private member's bill introduced by Rob Katter MP to deter illegal ride-sharing services (such as Uber) through a demerit point scheme. The committee recommended the bill not be passed, but instead recommended the Minister urgently review enforcement mechanisms for the existing regulatory framework. The government supported the enforcement review recommendation and proposed its own amendments to strengthen compliance.
Key findings (5)
- The bill proposed using demerit points to deter drivers providing illegal taxi services without a licence, including double demerit points for repeat offenders
- The committee examined the impact of ride-sharing services on the taxi industry, including loss of income, declining taxi licence values, passenger safety, and insurance issues
- An independent taskforce review of personalised transport services was underway at the time of the committee's consideration
- The government proposed alternative amendments to simplify prosecutions, enhance Transport Inspector powers, and increase monetary penalties rather than using demerit points
- Ride-sharing services like Uber were considered illegal under the Transport Operations (Passenger Transport) Act 1994 at the time the bill was introduced
Recommendations (4)
- The committee recommends the Transport Legislation (Taxi Services) Amendment Bill 2015 not be passed.
- The committee recommends the Minister for Transport and the Commonwealth Games undertake an urgent review of mechanisms for enforcing compliance with the current personalised transport services industry regulatory framework.
- The committee recommends the Minister take immediate action to ensure that compliance with the regulatory system is enforced, and provide a report to the House during the second reading debate.
- The committee recommends the Minister consider seeking approval from the House for any legislative amendments emanating from this review to be considered under urgency provisions.
Committee report tabled
▸Second Reading20 Apr 2016View Hansard
That the bill be read a second time
Vote on whether to advance the Transport Legislation (Taxi Services) Amendment Bill 2015 to the committee stage, with ALP, KAP and independents voting in favour and the LNP opposing, despite both sides supporting stronger enforcement of taxi laws.
The motion passed.
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Ayes (45)
Noes (41)
▸8 members spoke3 support1 oppose4 mixed
Moved the bill as sponsor, arguing it was essential to uphold existing laws against unlicensed taxi operators like Uber and protect taxi industry workers who have invested their livelihoods in a regulated system.
“This bill tonight is about upholding the laws that we make in this place, in this House, and sending a signal to the domestic and international business community that we will not tolerate businesses arrogantly bypassing our laws to take advantage of existing businesses that we have in this state.”— 2016-04-20View Hansard
Supported the intent of the bill but opposed its central mechanism of demerit points, arguing they should be reserved for road safety offences. Foreshadowed government amendments to instead increase penalties and enhance transport inspector powers.
“While I am supportive of the intent of this bill, I do not support the use of demerit points in this manner as it is inconsistent with the primary intention of that scheme—namely, to deter drivers from committing offences with high road safety risks.”— 2016-04-20View Hansard
Spoke strongly in favour of the bill including the demerit points mechanism, arguing Uber is an illegal ride-sharing service that unfairly competes with regulated taxi operators who pay their fees and provide accessible services.
“I say to members here tonight that we need to support this legislation because it is through the loss of points that we will deter people from driving for Uber. That is the way to send this illegal ride-sharing business where they belong—out of business.”— 2016-04-20View Hansard
Supported the intent of the bill and the minister's foreshadowed amendments, strongly criticising Uber as a grubby multinational that bullied its way into Queensland and undermined properly licensed operators' superannuation.
“This is not about services for the community; this is about dollars—dollars for the people who run Uber, dollars for the people who want to provide the service but not pay for their licences, cameras and all the other things for which taxidrivers have to pay.”— 2016-04-20View Hansard
Supported the bill as a KAP member, arguing it was about ensuring a fair and level playing field for the taxi industry and protecting small business owners from illegal operators who do not pay for licences, insurance, or criminal history checks.
“I want to talk up the taxi industry. I hope that we can nail illegal taxi operators and bury them in a coffin. I really want to see that. This is about their superannuation.”— 2016-04-20View Hansard
Supported the intent of the bill and the minister's foreshadowed amendments to enhance enforcement, but not the demerit points mechanism. Highlighted Uber's deliberate blocking of transport inspectors from the app during compliance investigations.
“No, we are in Queensland, and Queensland transport inspectors are conducting investigations in compliance with Queensland law.”— 2016-04-20View Hansard
Accepted the committee's finding that demerit points were not the answer and criticised Labor for failing to resolve the taxi industry's uncertainty before the five-year strategy expired, arguing the issue should have been dealt with holistically when the LNP was in government.
“The LNP is not averse to competition, innovation or new entrants to the taxi industry, but we must ensure that all parties are on a safe, fair and level playing field.”— 2016-04-20View Hansard
Supported the intent but not the substance of the bill, backing the minister's amendments. Praised the rigorous safety standards of the regulated taxi industry and noted enforcement action continued despite Uber's avoidance tactics.
“I support the intent but not the substance of the bill and support the foreshadowed amendments to the bill.”— 2016-04-20View Hansard
▸In Detail20 Apr 2016 – 21 Apr 2016View Hansard
Inserted a commencement date of 28 April 2016 for the Act.
Inserted a definition of 'taxi' in the Motor Accident Insurance Regulation 2004 so that vehicles providing unlicensed taxi services are required to hold class 3 CTP insurance, creating a financial disincentive for illegal operators.
That the amendment be agreed to
Vote on Mr Katter's amendment to define 'taxi' in the Motor Accident Insurance Regulation so that vehicles providing unlicensed taxi services must hold class 3 CTP insurance, creating a further disincentive for illegal operators. LNP, KAP and independents voted in favour; ALP opposed.
The motion passed.
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Ayes (45)
Noes (41)
Replaced sections 64 and 65 of the Transport Operations (Passenger Transport) Act to define 'administering taxi services' and create an offence for administrators of unlicensed taxi services, targeting the companies behind illegal operators rather than just drivers.
Proposed scalable maximum penalties for section 70 offences: 50 penalty units for a first offence, 100 for a second, and 200 for a third or later offence of operating an illegal taxi service.
Replaced clause 3 to rewrite section 70, increasing the maximum penalty for providing an unlicensed taxi service from 160 to 200 penalty units, simplifying elements of proof for prosecutions, removing the demerit points provisions, and clarifying that the offence applies to the driver.
Inserted new clauses 3A to 3F: widening transport inspector powers to request information and driver licences from suspected offenders, introducing evidentiary aids to facilitate prosecutions, adding transitional provisions, and clarifying that charter bus services are excluded.
Amendments 4-9: Consequential amendments replacing parts 3 and 4 to amend the State Penalties Enforcement Regulation (increasing infringement notice fine for unlicensed taxi service to 20 penalty units) and the Transport Operations (Passenger Transport) Regulation (removing cross-border taxi service exemption provision).
Replaced the long title of the bill to reflect amendments made during consideration in detail, including references to the State Penalties Enforcement Regulation 2014, Transport Operations (Passenger Transport) Regulation 2005, and Motor Accident Insurance Regulation 2004.
That the amendment be agreed to
Party VoteVote on KAP member Mr Katter's amendment to tighten the definition of 'taxi' in the Transport Legislation (Taxi Services) Amendment Bill 2015, after the government moved to reconsider and remove the KAP's original amendments that had unintended consequences for charter buses, limousines and community transport; defeated.
The motion was defeated.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Referenced Entities
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards