- Clearly the exemption application sought does not seek to
allow taxi booking companies to operate in a discriminatory
manner.
- As set out in the exemption application they seek to
remove from taxi booking companies any potential responsibility for the
actions or inactions of others involved in the delivery of taxi services (such
as taxi drivers and Government regulators of the taxi industry) over whom the
taxi booking companies have no legal or other capacity to exercise control at
this time.
- While it is recognised that, taxi booking companies seek
to be responsible for those matters which are within the responsibility of the
taxi booking company, the issue of vicarious liability is an area of
concern that needs to be addressed as part of any determination related to an
exemption in this case.
- The nature of this exemption application forces us to
confront what will constitute compliance and how it will be achieved.
These are fundamental questions that need to be clearly understood by
regulators, taxi booking companies, drivers and consumers. If the
compliance requirements were understood and how they could be achieved it
could be argued that the exemption application would not generate the
difference in views currently being expressed.
- The exemption application by the Taxi Council of
Queensland Incorporated (“TCQ”) and the Taxi Council of Western Australia
Incorporated (“TCWA”) will require that fundamental issues related to ensuring
compliance and subsequent responsibilities are understood by all parties which
should be used to guide the development and consideration of the exemption
application.