Passengers over 16 and Under 16

westieuber

Well-Known Member
Well I thought I would open a debate about the legalities of passengers over 16 and under 16.

If a passenger over 16 decides he/she is not going to wear a seat belt then as a private hire vehicle driver you cannot be held accountable or in other words fined by the police for this. (However this is in the off chance that you happen to not notice the pax not wearing the seat belt as it is a risk to your safety and life if there is a unrestrained passenger in the vehicle in an accident).

Passengers under 16 but not less than 12 months old can be seated in the second row of seats with a suitably adjusted lap/sash seat belt. No booster or approved child restraint required.

Passengers 6 months and less than 12 months of age must be restrained by an approved forward facing child restraint.

Passengers newborn and under 6 months of age must be restrained in an approved rearward facing child restraint.

This is how I am reading the legislation when it comes to being an Uber driver. Correct me if I'm wrong!
 

soontobeautomated

Well-Known Member
Thats about what I got when I read the changes very quickly recently.

I guess we will also to carry forward and rear facing child restraints AND ask to see birth certificates to verify the passenger is less than 6 months old or 6-12 months or over 12 months. Often while doing an illegal CBD pickup. Once all is good to go, and supporting documentation has been shown, we then need to fit the child restraints while double parked illegally at the pick up location. lol

I guess I will see fewer cancelations for young kids with no child seats. But as for mucking around with those under 12 months, I reserve my right as an independANT contractor to make an assessment and cancel as I please. However it may take me just on 5 minutes to assess my capability to safely conduct the trip :p
 

westieuber

Well-Known Member
Thats about what I got when I read the changes very quickly recently.

I guess we will also to carry forward and rear facing child restraints AND ask to see birth certificates to verify the passenger is less than 6 months old or 6-12 months or over 12 months. Often while doing an illegal CBD pickup. Once all is good to go, and supporting documentation has been shown, we then need to fit the child restraints while double parked illegally at the pick up location. lol

I guess I will see fewer cancelations for young kids with no child seats. But as for mucking around with those under 12 months, I reserve my right as an independANT contractor to make an assessment and cancel as I please. However it may take me just on 5 minutes to assess my capability to safely conduct the trip :p

Yeah I wouldn't take any under 12 months too much hassle, but as for changes this has been the law the whole time Uber has been legally operating.
 

sharkie 2016

Well-Known Member
so your saying if the pax doesnt want to wear a seat belt and they are over 16 the fine is theirs, police dont care they will fine the diver then there is the hassle of going to court, if they choose not to wear a belt DONT TAKE THEM and that solves that !!!!
 

westieuber

Well-Known Member
so your saying if the pax doesnt want to wear a seat belt and they are over 16 the fine is theirs, police dont care they will fine the diver then there is the hassle of going to court, if they choose not to wear a belt DONT TAKE THEM and that solves that !!!!
That's very true and agree with you, as I said in the off chance that you didn't realise or forgot to make sure as one driver had happen recently!

So it's about making drivers aware they cannot be fined and if they do get fined that they don't need to cop it on the chin so to speak.
 

uber_driver

Well-Known Member
That's very true and agree with you, as I said in the off chance that you didn't realise or forgot to make sure as one driver had happen recently!

So it's about making drivers aware they cannot be fined and if they do get fined that they don't need to cop it on the chin so to speak.

so the guy you were helping a week or so ago
did he get off the fine?
 

fields

Well-Known Member
so the guy you were helping a week or so ago
did he get off the fine?

Unlikely as westieuber is quoting regulations currently pertaining only to taxi drivers. It does look like from November 1, we will fall under the same regulations when it comes to the wearing of seatbelts.
 

westieuber

Well-Known Member
Unlikely as westieuber is quoting regulations currently pertaining only to taxi drivers. It does look like from November 1, we will fall under the same regulations when it comes to the wearing of seatbelts.
Um Fields we have the same exemption as Taxi drivers under the Road Rules 2014 (NSW Road Rules) since the very beginning of that legislation 1 December 2014.
so the guy you were helping a week or so ago
did he get off the fine?
The guy from last week has not even received a fine from the police so I would be surprised if he does.
 
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uber_driver

Well-Known Member
Um Fields we have the same exemption as Taxi drivers under the Road Rules 2014 (NSW Road Rules) since the very beginning of that legislation 1 December 2014.

The guy from last week has not even received a fine from the police so I would be surprised if he does.

did he not say police gave him a ticket and the passengers as well?
also was it not you who said you would help him to get off the fine?

I don't really know how to get back to that post
I am very shit with tech stuff
 

westieuber

Well-Known Member
did he not say police gave him a ticket and the passengers as well?
That's how I understood it too but he then told me later that the Police told him it will be in the mail and he is waiting for it, which take it as you will, to me means there is going to be no fine.
 

uber_driver

Well-Known Member
Unlikely as westieuber is quoting regulations currently pertaining only to taxi drivers. It does look like from November 1, we will fall under the same regulations when it comes to the wearing of seatbelts.

we fall under same regulation for sure?
or some speculation?

That's how I understood it too but he then told me later that the Police told him it will be in the mail and he is waiting for it, which take it as you will, to me means there is going to be no fine.

once they say its going to be in mail
it will definitely be there
well in my case it has always arrived in mail
unless the police said we will investigate before issuing a fine

well for the drivers sake i hope it he doesnt get fined
but if it does arrive in mail i would love to know how you deal with it to get off it
so please keep me updated on that post if you dont mind
 

westieuber

Well-Known Member
we fall under same regulation for sure?
or some speculation?
I'm am pertaining to regulation for all NSW drivers, the Road Rules 2014. See attachments for this legislation, the first attachment is the definition of a taxi under the Road Rules, and the second and third attachments are the section of the rules about the wearing of seat belts for passengers over 16 years of age, it provides that the driver of a motorvehicle (except a bus or taxi) ........ must ensure in plain English each passenger is wearing a seat belt. Now the definition of a taxi includes a private hire vehicle under this legislation which as I said has been in force since 1 December 2014. Which means we cannot be fined for a passenger over 16 years of age not wearing a seat belt.

It really can't be any clearer.
 

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uber_driver

Well-Known Member
while we at uber laws
25 Dismissal or other victimisation of worker
(1) This section applies to:
(a) a person who dismisses a worker, terminates a contract for services or bailment with a worker or alters the position of a worker to the worker’s detriment, and
(b) a person who threatens to do any of those things to a worker, and
(c) a person who refuses or fails to offer to engage a prospective worker, or treats a prospective worker less favourably than another prospective worker would be treated in offering terms of engagement.

isnt uber under breach for 1c?
they do favor 25% over 20% right?
 
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