🟥 IMPORTANT – LEGAL & REGULATORY NOTICE
This Agreement is a commercial agreement between Wizz Cabs and an independent self-employed Driver/Operator. It is not intended to create an employment relationship.
The Driver is responsible for maintaining all licences, authorisations, insurance, vehicle compliance, taxation obligations and regulatory requirements applicable to the Driver's operations.
The Driver must comply with all applicable Western Australian laws, including the Transport (Road Passenger Services) Act 2018, the Transport (Road Passenger Services) Regulations 2020, applicable Department of Transport / DTMI requirements, road laws, safety requirements, disability discrimination requirements, vehicle requirements and any other applicable legislation, standards or lawful directions.
Where legislation, regulation, government direction or an official requirement changes, the Driver must comply with the requirement as amended, regardless of whether this Agreement has subsequently been updated.
The Driver operates as a self-employed independent contractor and is responsible for conducting the Driver's business in accordance with applicable law.
Nothing in this Agreement is intended to create:
The Driver is responsible for the Driver's own business expenses, taxes, statutory obligations, licences, insurance and regulatory compliance.
The Driver acknowledges that the Driver assumes responsibility for the lawful operation of the vehicle and the services personally performed by the Driver.
Access to Wizz Cabs' network, designated taxi ranks, dispatch services, booking systems and associated commercial facilities may be subject to a monthly subscription or rank fee.
The applicable fee must be paid in advance on or before the agreed monthly due date.
If a required subscription, rank fee or other agreed commercial charge remains unpaid after the applicable due date, Wizz Cabs may, subject to applicable law and the terms of this Agreement:
No suspension or system action will authorise the Driver to operate unlawfully or without the licences, authorisations or equipment required by law.
Booking collections processed through Wizz Cabs may include:
Such collections may be received and administered centrally by Wizz Cabs in accordance with the applicable commercial arrangements.
To the extent permitted by law and this Agreement, Wizz Cabs may deduct or set off amounts properly due and payable by the Driver from amounts otherwise payable to the Driver.
This may include, where applicable:
The Driver may request an account statement or reasonable supporting information concerning a deduction.
Every cash or manually collected passenger journey must be:
METERED → RECORDED → DECLARED
The Driver must not conceal, omit or manipulate any journey, fare or payment.
THE DRIVER IS RESPONSIBLE AND OBLIGED TO MAINTAIN FULL COMPLIANCE WITH ALL CURRENT WESTERN AUSTRALIAN DEPARTMENT OF TRANSPORT / DTMI REQUIREMENTS AND ALL OTHER APPLICABLE LAWS AND REGULATIONS.
The Driver must continuously maintain all qualifications, licences and authorisations required to legally perform passenger transport services.
This includes, where applicable:
The Driver must immediately notify Wizz Cabs of any:
🟥 THE DRIVER MUST NOT OPERATE FOR MORE THAN 12 CONTINUOUS HOURS.
12 HOURS IS THE MAXIMUM OPERATIONAL SHIFT PERMITTED UNDER THIS AGREEMENT.
The Driver must:
The Driver is personally responsible for ensuring that the 12-hour maximum is not exceeded.
Wizz Cabs dispatches, bookings or system availability do not authorise the Driver to exceed a lawful or contractual working limit.
If the Driver becomes fatigued or otherwise unfit to drive safely, the Driver must stop operating immediately, regardless of whether 12 hours has been reached.
SAFETY ALWAYS OVERRIDES COMMERCIAL TARGETS, BOOKINGS OR REVENUE.
The Driver must use the approved fare meter for every journey where the law requires metering, including applicable:
The Driver must not:
Any deliberate meter manipulation, fare concealment or unauthorised passenger work may constitute a material breach of this Agreement.
For taxi vehicles to which the WA CSU requirements apply, the vehicle must have a compliant Camera Surveillance Unit installed and maintained in accordance with the applicable WA requirements.
The Department of Transport confirms that taxi vehicles used for on-demand rank or hail work must have a CSU meeting the applicable standards and that it must be in working order. Appropriate signage must also notify passengers that recording occurs. DDoT Transport Website+1
The Driver must:
The Department of Transport also requires appropriate processes for accessing recordings when requested by DTMI, Police or other authorised agencies. DDoT Transport Website
If a CSU fault is identified, the Driver must immediately notify Wizz Cabs and follow instructions concerning whether the vehicle must be removed from service, repaired or replaced.
The Driver must not deliberately continue operating a vehicle in circumstances where doing so would breach applicable legal requirements.
The Driver must at all times operate the vehicle in a manner that protects:
The Driver must comply with all applicable safety duties under WA passenger transport legislation and the Driver's applicable safety obligations.
The Driver must immediately stop operating if continuing to drive would create an unacceptable safety risk.
The Driver must comply with all applicable disability discrimination laws and WA passenger transport requirements.
A Driver must not unlawfully refuse service to a passenger because of disability or because the passenger is accompanied by an assistance animal or an assistance animal in training.
WA Department of Transport guidance expressly states that passenger transport drivers must not refuse to carry an assistance animal or an assistance animal in training. DDoT Transport Website
The Driver must:
Any infringement, penalty, claim or loss caused by the Driver's unlawful conduct may be dealt with in accordance with applicable law and this Agreement.
Where the Driver is legally required to accept a valid passenger subsidy scheme voucher or other authorised payment instrument, the Driver must comply with that requirement.
Current WA regulation 122 provides that a driver of an on-demand rank or hail vehicle must not refuse to accept a qualifying passenger subsidy scheme voucher as payment or part-payment. LLegislation WA
The Driver must correctly process and record applicable subsidy transactions.
The Driver must not deliberately:
The Driver must comply with all applicable restrictions concerning passenger solicitation, taxi ranks, authorised hail locations and passenger collection areas.
The Driver must not engage in unlawful touting or solicitation.
The Driver must only accept passenger work in locations and circumstances permitted by applicable WA law and Wizz Cabs' operating procedures.
Drivers operating wheelchair-accessible vehicles must comply with all applicable accessibility, wheelchair transport, equipment and dispatch requirements.
Where applicable requirements or Wizz Cabs dispatch procedures require priority to be given to wheelchair-accessible passenger bookings, the Driver must comply.
The Driver must not unlawfully refuse a passenger because of a disability or accessibility requirement.
The Driver must maintain the vehicle in a clean, safe, sanitary and roadworthy condition.
The vehicle must be:
The Driver must report any defect that may affect passenger safety or regulatory compliance.
All Wizz Cabs branding, decals, signs, booking information, roof signs, equipment and other corporate property must remain:
CLEAN • SECURE • VISIBLE • UNDAMAGED • COMPLIANT
The Driver must not:
The Driver must maintain a professional appearance and conduct while operating under the Wizz Cabs network.
Where Wizz Cabs requires an authorised uniform, the Driver must wear the required uniform during operational hours.
The Driver must not engage in:
The Driver is responsible for infringements, fines, penalties and demerit consequences arising from the Driver's own conduct or operation of the vehicle, to the extent permitted by law.
This may include:
Where a fine, charge, recovery amount or administrative cost is legally recoverable from the Driver, Wizz Cabs may recover or deduct the applicable amount in accordance with applicable law and this Agreement.
Government-issued fines and penalties will be dealt with according to the applicable legislation and official enforcement process. Wizz Cabs will not represent a contractual charge as a statutory fine.
A security/damage bond may be required in accordance with the applicable commercial arrangement.
Subject to applicable law and appropriate evidence, the bond may be applied toward amounts properly owing because of:
Any deductions should be documented and accounted for.
The Driver/Operator must ensure that all required insurance remains valid throughout the period of operation.
This may include required:
The Driver must provide evidence of current insurance when requested.
The Driver must immediately notify Wizz Cabs of cancellation, suspension, lapse or material restriction of required insurance.
To the extent permitted by law, the Driver is responsible for losses, claims, damage, penalties and liabilities caused by the Driver's negligent, unlawful or wilfully wrongful conduct.
The Driver agrees, to the extent legally enforceable, to indemnify Wizz Cabs against third-party claims arising from the Driver's negligent or unlawful operation of the vehicle or breach of this Agreement.
Nothing in this clause excludes or limits any liability that cannot legally be excluded or limited.
The Driver must cooperate with lawful investigations, audits, inspections and compliance activities undertaken by:
The Driver must provide accurate information and must not destroy, alter, conceal or falsify relevant records or evidence.
The Driver must maintain accurate records required by law and/or Wizz Cabs' lawful operating procedures, including where applicable:
Records must not be falsified or deliberately withheld.
The following may constitute a material breach of this Agreement:
Wizz Cabs may take appropriate action, including suspension or termination, subject to applicable law and any contractual rights of the Driver.
Subject to applicable law, Wizz Cabs may suspend or terminate access to its network where there is a serious or immediate risk involving:
Nothing in this clause prevents any statutory rights or processes that apply to the Driver.
Unless immediate termination or suspension is permitted under this Agreement or applicable law, a Driver voluntarily ending the commercial arrangement or removing a vehicle from the Wizz Cabs fleet must provide:
Any subscription, rental, fleet or commercial charges applicable during the notice period remain payable in accordance with the applicable agreement.
Any advance payment will be dealt with according to the applicable commercial terms and applicable law.
Upon termination or removal from the Wizz Cabs network, the Driver must return all Wizz Cabs property, including where applicable:
The vehicle may be required to undergo a final inspection before the final commercial account is reconciled.
🟥 MANDATORY ACKNOWLEDGEMENT
I acknowledge that I am responsible for complying with all laws, regulations, standards, licences, authorisations, safety requirements and lawful directions applicable to my operation as a passenger transport driver in Western Australia.
I understand that Wizz Cabs network access or dispatch does not relieve me of my personal legal responsibilities.
I understand that I must comply with applicable Department of Transport / DTMI requirements at all times.
I understand that I must not operate for more than 12 continuous hours under this Agreement and that I am personally responsible for monitoring my operating hours and fitness to drive.
I understand that any government fine, infringement, penalty or other legally recoverable amount arising from my conduct may be my responsibility.
I understand that Wizz Cabs may take contractual action for breaches of this Agreement, subject to applicable law.
I agree to immediately report any licence, insurance, vehicle, CSU, safety or regulatory issue that may affect my ability to lawfully operate.
If any provision of this Agreement conflicts with a mandatory requirement of Australian or Western Australian law, the mandatory legal requirement will prevail to the extent of the inconsistency.
The Driver must comply with the current applicable law and official regulatory requirements, including amendments introduced after the date of this Agreement.
The parties should obtain independent legal advice before relying on this Agreement as a final executed commercial contract.
This Agreement is intended to operate consistently with applicable WA passenger transport requirements, including:
The WA Department of Transport confirms that taxi vehicles used for rank or hail work must meet the applicable CSU requirements and that the CSU must be in working order. DDoT Transport Website+1
The current official consolidated Regulations can be checked through the Western Australian legislation database.
12 HOURS MAXIMUM OPERATIONAL SHIFT
ALL APPLICABLE WA TRANSPORT LAWS MUST BE FOLLOWED
DRIVER IS RESPONSIBLE FOR DRIVER CONDUCT, LICENCES, VEHICLE COMPLIANCE, SAFETY AND REGULATORY OBLIGATIONS
BREACHES MAY RESULT IN SUSPENSION, TERMINATION, RECOVERY OF PROPERLY OWING AMOUNTS AND/OR GOVERNMENT ENFORCEMENT ACTION, AS APPLICABLE
SAFETY • COMPLIANCE • PROFESSIONALISM • ACCOUNTABILITY
Important: I deliberately changed the wording from “all fines will be charged to the Driver” to “the Driver is responsible for fines/infringements arising from the Driver's conduct, to the extent permitted by law.” That is safer contract drafting because a private agreement cannot simply transfer every statutory liability or government penalty regardless of what the legislation says.