Media release
27 May, 2019 

The Taxi Council of Queensland (TCQ) welcomes the Queensland Government’s commitment to help Queensland taxi operators replace and update their wheelchair accessible taxis (WATs), with the Government today announcing its decision to provide dollar for dollar funding over the next four years.

TCQ reached out to the Minister for Transport and Main Roads, Hon Mark Bailey, about the issue, which resulted in the Government finding $21 million in their budget to support the replacement of older WATs. This was announced today on the Gold Coast at the Australian Taxi Industry Association’s annual conference.

TCQ CEO Blair Davies said it was great to see the State Government and the taxi industry working together to keep Queensland as a world leader when it comes to wheelchair accessible taxi services.

“The Queensland taxi industry has a proud history when it comes to transporting people with disability, and especially those who need to travel with their wheelchairs. Our approach has remained focused and uncomplicated. We just aim to give them access to the same quick, safe and reliable taxi services as every other member of the community that we serve,” said Mr Davies.

“The Queensland Government’s decision to help our taxi operators replace their older wheelchair accessible taxis is a fantastic initiative. TCQ reached out to Minister Bailey about a financing problem that was stopping our members replacing the ageing WAT fleet and pleasingly he has come back with a very welcome solution. It’s a very timely helping hand and one that is much needed.”

Under the funding, WATs aged eight years or older will be eligible for 50 per cent funding for gradual vehicle replacement from 2019-20 through to 2022-20. This funding will mean the Queensland taxi industry can continue their commitment to deliver the world’s best practice in wheelchair accessible taxi services.

“Accessible taxis remain the sole mode of transport for many members of the community and this funding will mean our taxi operators will be able to maintain their fleets and continue to provide affordable, accessible transport for those who use wheelchairs or other mobility devices,” continued Mr Davies.

ENDS

Media release
May 24, 2019

The charges last month against yet another booked-hire driver for allegedly sexually assaulting a young woman has the Taxi Council of Queensland (TCQ) calling on the Queensland Government to pick up the pace of their Stage 3 review of the Personalised Transport reforms and do more to ensure the safety of Queensland passengers.

Last month, police charged a 25-year-old booked-hire driver alleging that he entered the home of his 21-year-old passenger after dropping her off and that he sexually assaulted her in her bedroom before she could fight him off with assistance from her housemates awoken during the commotion.

CEO of the TCQ, Blair Davies says “the Personalised Transport reforms have been rolling the dice when it comes to passenger safety with booked-hire vehicles and enough is enough.”

“There is clear evidence that booked-hire vehicles and their drivers are not as safe as the Government expected they would be, or as Queenslanders quite rightly demand them to be, and so the Government needs to act,” says Mr Davies, “and get its Transport Department to put reviewing safety in the Personalised Transport sector at the top of the list.

“We have been calling for better safety to be mandated for booked-hire vehicles for years now and yet little has happened, other than more passengers becoming the victims of predators. It’s now overtime for passengers’ safety to go to the top of the priority list. People may want choices and options but not when some of them come with a very real risk of danger.

“There are stark differences between the taxi industry and the booked-hire sector when it comes to our approach to safety issues. We were the ones who encouraged the Government to mandate security cameras in taxis in the mid 2000s because we wanted every Queensland taxi to be as safe as it possibly could for passengers and drivers. In contrast, the booked-hire sector looks at these types of safety technologies as costs they want to avoid.

“The TCQ has consistently highlighted the need for booked-hire vehicles to have mandatory safety equipment, because experience shows that relying on platforms to do the right thing voluntarily just doesn’t work,” Mr Davies said.

“We know security cameras, monitored duress alarms, and hard-wired GPS tracking have improved passenger and driver safety in taxis, so clearly these technologies would be effective solutions for booked-hire vehicles as well. We think the platforms know this too, but they just want to pretend that it is not their responsibility. However, safety is not something that overseas companies wanting to make profits in Australia should be allowed to get away with ignoring.

“The Queensland Government simply needs to say to the platforms, we trusted you and you let us and the community down. The ‘softly-softly’ approach hasn’t worked and so it’s now time to start implementing tougher measures,” added Mr Davies.

ENDS

Media release
April 12, 2019

The Taxi Council of Queensland (TCQ) and Griffith University’s School of Applied Psychology are looking for 100 Queensland taxi drivers who are prepared to wear a Fitbit watch to track their sleep and fatigue patterns. Participants will be asked to upload their data from a personal monitoring device supplied as part of the study, to collect data for one month on driver tiredness levels.

The project is a cooperative effort between TCQ and Griffith University, which has funding support from the Motor Accident Insurance Commission (MAIC) It aims to explore how taxi drivers currently manage fatigue and what can be done by drivers, operators and taxi booking companies to help better manage fatigue.  Ultimately the goal is to improve safety for everyone using a Queensland taxi service and so it is a project that will potentially benefit taxi drivers and passengers alike.

Drivers participating in the study just need to wear a Fitbit type watch for a month. They will be asked to share their profile data with researchers on a weekly basis and answer a short questionnaire at the beginning and end of the project to gauge their wellbeing.

“This study will help the industry to objectively assess fatigue-related risks and develop targeted measures to manage them. We know that driving a taxi is fundamentally different to driving a bus or big truck. It follows then that much of the research about fatigue in a heavy vehicle context has little relevance or application for our cab drivers. We need to study fatigue in the real world experienced by taxi drivers,” said TCQ CEO, Blair Davies.

Mr Davies said safety is always the top priority for the taxi industry and TCQ is pleased to be joining with Griffith University and MAIC to study taxi driver fatigue. It is a serious area of risk and the results of the research project are likely to have wide application within the personalized transport sector. TCQ expects that recommendations coming from the study will likely inform the review being conducted by the State Government into the regulatory reforms introduced in 2016/17.

“Many taxi and booked hire drivers do not regard driving as their sole source of income. They sometimes have other jobs or roles which can significantly impact their fatigue levels. Using smartwatch technologies like Fitbits will help collect data on driver tiredness before and during a shift as well as recovery after a shift. Analysis of this real-world data will help the industry assess and adjust our fatigue management policies and practices,” Mr Davies said.

Driver fatigue is a complex, multi-factorial issue in the taxi industry, due in part to the special challenges associated with providing on-demand transport services, 24 hours a day, every day of the year. A typical 12-hour shift for a taxi driver involves a unique mix of driving while interacting with new and different passengers, driving alone, waiting on ranks for customers, and dedicated rest breaks. As a result, many of the rules of thumb that work well in other industry settings have no relevance whatsoever in a taxi work environment.

Taxi driver fatigue is a serious issue and one that genuinely warrants specialised study. If you would like to put your hand up to participate in the TCQ-Griffith University research project looking into taxi driver health and fatigue management, you can send your details to admin@tcq.org.au.

ENDS

Media release
April 05, 2019 

The State Government has plans to end the Taxi Subsidy Scheme (TSS) on 30 June 2019, and so pushing Queenslanders with disabilities onto the National Disability Insurance Scheme (NDIS) for their transport needs. However, the Taxi Council Queensland (TCQ) is concerned this shift will leave many current TSS users worse off come July 1, with some users receiving less funding than required to sustain their essential travel. TCQ is encouraging taxi customers and industry members to sign an online petition which will be presented in Parliament.

“The Taxi Subsidy Scheme was set up specifically to help Queenslanders with disability who cannot access other forms of public transport. It’s a scheme which has worked extremely well over many years, getting people with a disability engaged in their community, to and from work or study, down to the shops or medical appointments,” TCQ, CEO Mr Blair Davies said. “Accessible taxis remain the sole mode of transport available for many TSS users and our community’s most vulnerable members do not deserve to be further disadvantaged by a bureaucratic decision to roll everything and everyone under the NDIS.

“Ending the TSS, prior to the NDIS establishing itself as a scheme has the confidence of the disability community, will result in some Queensland users being left substantially disadvantaged. Only 10 percent of people with a disability are expected to receive a disability support package under the NDIS. Users will also have their Mobility Allowance ceased when transitioning to NDIS, so we cannot say that the NDIS is a one-stop fix it solution – it’s more commonly reported in the media as a scheme full of problems rather than a scheme full of solutions for people with disability and their families.

“We hear that some customers could be waiting months to have their access requests reviewed and assessed and there is no guarantee that the funding package provided by the NDIS will be enough to sustain their travel needs. Right now, the TSS provides affordable and accessible transport options for people who’ve experienced profound difficulties using other modes of public passenger transport.”

The Commonwealth Government’s funding for the NDIS in 2019 and 2020 results in the highest disability support package being capped at $3,456 per year. If users are transitioned onto the NDIS, they will need to plan transportation use so it can be entirely covered by NDIS funds – a potentially costly shift if a user overspends in the first half of the year, meaning they may not have enough to support their travel in the remainder of the year.

TCQ also has concerns Queensland NDIS participants will be impacted by the removal of the $20 ‘Lift Payment’ that the Government offers to wheelchair accessible taxi (WAT) drivers who transport TSS members to compensate them for the extra time associated with loading and securing passengers’ wheelchairs so that they are safe to be transported.

“The TSS enables affordable transport options for people with disability by subsidising half of the fare up to a maximum of $50, and without a cap on the number of taxi trips a user can take,” continued Mr Davies. “This subsidy can make all the difference to the quality of living for not only TSS users but also their families and friends. The subsidy also helps keep WAT vehicles viable and enables our industry to keep providing this vital service.”

“The TSS continues to work well and is a huge support for the Queensland taxi industry’s commitment to deliver world’s best practice in wheelchair accessible taxi services. We encourage members to consider signing the e-petition so that we can continue helping all Queenslanders get from A to B, safely and conveniently.”

If you agree that the TSS needs to be extended, you can sign the online petition here.

ENDS

Media release
March 29, 2019 

The Queensland Government’s reforms to the Personalised Transport sector may have removed the requirement for bailment agreements between accredited taxi operators and authorised taxi drivers to be in writing, however, the Taxi Council of Queensland (TCQ) continues to advise members not to fall into the trap of relying on verbal bailment agreements. TCQ recommends to all members that they make sure their bailment agreements are in writing, and kept up to date, because it provides far better protections for everyone concerned.

“Just like any other legal contract, bailment agreements defining the business relationship between taxi operators and drivers are better in writing because if something goes amiss and leads to a dispute, they provide clarity and direction for finding a quick and fair resolution,” said TCQ’s CEO, Mr Blair Davies.

“A written agreement, voluntarily entered into and signed by both parties, not only helps the resolution of disputes, it can also help prevent disputes arising in the first place. Misunderstandings by one or other party can easily escalate when people are relying on their recollections of verbal conversations.

“It is natural for most of us to be a little selective in recalling who said what, seemingly remembering well those things that help our position but so well, possibly even completely forgetting, some that don’t. A written bailment agreement provides the specifics of each party’s respective rights and obligations, so avoiding the vagaries of convenient memories.”

TCQ has a Standard Bailment Agreement that it makes available for industry members to use. TCQ’s standard agreement has been developed to provide a fair balance of the respective interests of taxi operators (bailors) and taxi drivers (bailees). Uniquely, it recognises that taxi operators and drivers are not in any kind of master-servant or adversarial relationship but rather they participate in a business relationship of cooperation in a joint adventure.

TCQ has recently reviewed its Standard Bailment Agreement and produced an updated version that introduces some new clauses to provide clarity around Chain of Responsibility obligations of operators and drivers arising from the Government’s Personalised Transport reforms. While the changes in the terms and conditions document have been kept brief to preserve the readability of the document, they are nonetheless substantive. TCQ therefore recommends everyone using any previous version of its standard bailment agreement should prudently move to the updated version.

The TCQ’s newly revised standard bailment agreement is freely available for review and downloading from the publications page on the TCQ website (tcq.org.au/bailment-agreement/).

“We would encourage members to use the TCQ’s standard bailment agreement with confidence.  It serves as yet another example of TCQ remaining relevant and working hard for all members of the Queensland taxi industry,” concluded Mr Davies.

ENDS

Media release
March 21, 2019 

ABC’s Four Corners investigation into global giant, Uber, revealed the alarming extent of its predatory behaviour in Australia. The report exposed a host of underhanded tactics Uber employed to damage its competitors and to ‘outfox and outplay’ law enforcement agencies. It has the Taxi Council of Queensland (TCQ) now calling on the Queensland Government to take immediate action to review whether Uber is really the fit and proper company that they thought it was when they approved its Booking Entity Authorisation in late 2017.

“Uber has been outed for trying to use sophisticated technology and underhanded tactics to force its taxi and booked-hire competitors out of business, to eviscerate the competition so it could end up dominating the passenger transport market in Australia. If they achieve that level of market control, consumers can say good-bye to cheap subsidised fares because it’ll then be time to pay the piper,” TCQ CEO, Blair Davies said.

Uber is gearing up to pursue a listing on the US stock exchange later this year with the company potentially valued at up to $US120 billion. However, such stellar valuations may be at risk as potential investors become more aware of the ruthless tactics Uber used to build its business empire. The deployment of technologies aimed at damaging competitors such as “Surfcam”, and evading law enforcement such as “Greyball”, call into question the whole business model upon which the empire is based.

In 2014/15, Australian law enforcement officers put in place ‘sting’ operations to catch out UberX drivers providing taxi services without the necessary criminal history checks, medical checks, insurances and vehicle checks. However, as reported by Four Corners, those efforts were comprehensively thwarted by Uber’s use of “Greyball”, a spyware application which could identify and block particular users, in this case NSW transport investigators, from using the service by assessing their personal details. Another program called ‘Surfcam’ was developed in 2015 by an employee in Uber’s Sydney head office, which was used to scrape competitors’ data in order to poach their drivers. It was industrial sabotage because without drivers, rival companies would be unable to offer competitive levels of service.

“Uber was looking to defeat Australian laws rather than engage in the market as a law-abiding citizen and they won. Greyball Spyware, and other applications like it, proved effective in stopping State Governments from being able to enforce their transport laws, and in surrender, these Governments just made brand new rules tailored for Uber. It wasn’t a case of regulatory capture but rather one of regulatory capitulation,” Mr Davies said.

“If Four Corners can uncover the disturbing nature and extent of Uber’s misbehaviours, it begs the question as to what the Government regulators have been doing? Why is Uber’s Booking Entity Authorisation not under review, or as has occurred in London, at least made subject to strict probationary conditions?”

It appears Uber’s use of devious technology and underhanded tactics reflect almost as badly on the Governments they duped as the company itself.  What are our Governments elected to do if not to govern for the good of the whole community and to uphold the rule of law? It’s time for Uber to own up to their illegal antics, recompense the businesses that were damaged by them, and commit to competing fairly in future. It’s also time for the Queensland Government to learn the lessons of this experience, and for its bureaucrats to be less naïve and show some real determination to make sure Uber faces serious consequences if they won’t hold to such a commitment.

ENDS

Media release
March 01, 2019 

The Australian Taxi Industry Association (ATIA) has been a long-standing supporter of the Australian Tax Office’s (ATO) efforts to ensure all businesses operating in Australian markets pay their fair share of tax, and especially actions aimed at plugging loopholes that sophisticated global companies may employ to avoid tax.

A current legal campaign in the UK aimed at forcing Uber to pay back taxes owed has received a serious setback after a court denied their bid to have costs in the lawsuit capped at a reasonable level. The decision will probably see the legal action abandoned notwithstanding the significant public benefit that would have been achieved if successful. It was estimated that Uber could be ordered to pay up to GBP $1.3billion (AU$1.8 billion) in Value Added Tax. (VAT is the UK equivalent of GST in Australia.)

The ATIA’s CEO, Blair Davies says chasing such companies for back taxes is proving the adage that a stitch in time saves nine.

“The ATIA has been on the forefront of this issue in Australia, continuously promoting an equal playing field for everyone in the personalised transport industry when it comes to paying tax.  ATIA launched its campaign early into Uber’s Australian endeavour back in 2014 to ensure the ATO tax Uber drivers the same as taxis,” said Mr Davies.

“An attempt to chase Uber in the UK to pay back what it owes seems a difficult and tedious approach albeit with good intentions. Closing loopholes for tax evasion or unfair minimisation should have been foreseen long before Uber was permitted to operate in the country.

“Right from the get go of the uberX service launching illegally in Australia in 2014, the ATIA was onto taxation authorities highlighting the potential loophole that would be created if taxi drivers had to register for GST and declare their earnings for income tax purpose while booked-hire drivers were left to fly under the proverbial radar,” he said.

“The ATO’s decision in mid 2015 to make booked-hire drivers register for GST and pay their fair share of tax just like taxi drivers closed that loophole. It may have taken 15 months to get the loophole closed (became effective from 1 August 2015) but at least it was well and truly closed before the uberX service was legalised anywhere in Australia.”

The first jurisdiction to legalise booked-hire type services was the ACT on 30 October 2015 followed by NSW in mid December 2015.

The ATIA has since turned its attention to the offshoring of profits by global companies and continues to advocate to the Commonwealth Government and ATO take stronger action in this space.

“The taxi industry welcomed the ATO’s timely decision to make booked-hire drivers register for GST and we hope that the drivers have gotten the message that they won’t get away with not paying their taxes.  The ATIA’s position in regard to the global platforms is also simple, if you make profits in Australia you have to pay tax in Australia – and before the monies leave our shores to be filtered through some tax haven,” said Mr Davies. “Rather than looking for efforts put into chasing these companies for what they owe, we think its way smarter and easier to close the loopholes and penalise misbehaviour right from the outset.”

ENDS

Media release
February 22, 2019 

The establishment of a Personalised Transport Ombudsman (PT Ombudsman) has the Taxi Council of Queensland (TCQ) questioning the lack of power the independent officer will have, saying the role presents as a “toothless tiger” with limited scope to benefit the sector.

The PT Ombudsman will impartially hear and act on complaints from drivers, passengers and operators of personalised transport services, however TCQ CEO, Blair Davies, says for the new office to make a difference the Ombudsman needs to be given broader powers than just being able compel people to attend a meeting.

“The proposed office presents as a toothless tiger, so limited in scope it risks being of no real usefulness for stakeholders in the personalised transport industry,” Mr Davies said. “We need to see some teeth given to the tiger to address the mounting issues in the personalised transport industry.

“We continue to hear reports every day of rogue behaviour by booked-hire drivers.  For example, the practice of touting for cash jobs is a common occurrence and totally off the radar of the booking platforms.  That means the usual safety protections that passengers rely on and expect are all missing for lots and lots of trips performed by booked-hire drivers. It’s the type of serious public safety issue that the PT Ombudsman needs to be able to intervene in but to do so, the office would require broader powers.

“As the Bill stands, it only allows the Ombudsman to receive complaints, attend meetings to mediate said complaints and advise on alternative dispute resolution. Without any actual compelling power to enforce decisions the new office may not offer much benefit the industry.”

Mr Davies says when it comes to the taxi industry, disputes between drivers and operators are usually referred to the Taxi Council or the respective booking company and are always quickly resolved. Situations requiring an Ombudsman’s input are likely to be very few and far between.

“The taxi industry really doesn’t need another independent third party to help mediate resolution of disputes.  Of course, the case of booked-hire drivers may be completely different because, in the case of Uber drivers for example, they sign up to their disputes being arbitrated in The Netherlands. Perhaps Queensland’s newest Ombudsman will need to have two offices, one in Brisbane and another in Amsterdam?” questions Mr Davies.

The Bill also recognises the Department of Transport and Main Roads (TMR) needs more help in enforcing the road rules and TCQ supports amendments targeting non-compliance by personalised transport driver.

“TQQ wants to see TMR do a better job in reining in rogue behaviour by booked-hire drivers. These drivers know they are not permitted to tout, accept street hails or use taxi ranks.  Strengthening TMR’s powers to impose driver sanctions in those circumstances is a welcome development notwithstanding it being odd that the new Ombudsman is not being given any role to assist in that area.”

The Taxi Council believes establishing and maintaining the PT Ombudsman presents as having a significant financial cost and those funds could potentially be better spent elsewhere.

“It’s worth looking at the more pressing issues faced by the taxi industry and consider where else the funds could be better spent, such as compensating taxi licence holders badly affected by the devaluation of their assets, helping industry members struggling to pay Government fees, or funding safety equipment replacement such as the in-vehicle security camera systems,” said Mr Davies.

ENDS