Economic Regulator (MAIB Premiums) Amendment Order 2016

Economic Regulator (MAIB Premiums) Amendment Order 2016

I make the following order under section 36 of the Economic Regulator Act 2009 .

5 September 2016

M. T. (RENE) HIDDING

Minister for Infrastructure

1.   Short title

This order may be cited as the Economic Regulator (MAIB Premiums) Amendment Order 2016 .

2.   Principal Order

In this order, the Economic Regulator (MAIB Premiums) Order 2013 is referred to as the Principal Order.

3.    Clause 3 amended (Interpretation)

Clause 3 of the Principal Order is amended as follows:

(a) by inserting the following definitions after the definition of Registrar in subclause (1) :

ride-sourcing software means a computer software system that enables –

(a) requests, for passengers to be carried on journeys in motor vehicles, to be received; and

(b) such requests to be communicated to, and accepted by, drivers of motor vehicles; and

(c) such passengers to provide to such drivers financial consideration, for carriage on such journeys, only by way of the electronic transfer of funds by a system that is provided; and

(d) identification of, and recording of the details of, such drivers and vehicles and the origin, destination and duration of such journeys; and

(e) satisfaction rating services to be provided –

only by means of the software;

ride-sourcing vehicle means a motor vehicle that is used, by a person in whose name the vehicle is registered, to carry on journeys passengers who –

(a) arrange, by means of ride-sourcing software, to be so carried; and

(b) provide to the person financial consideration for such journeys only by means of a system for electronic transfer of funds that is provided as part of the software;

(b) by inserting the following subclause after subclause (3) :

(3A)  For the purposes of this order, ride-sourcing software enables satisfaction rating services to be provided only by means of the software if the software –

(a) enables a person, who has been, pursuant to a request communicated by the software to a driver, carried on a journey in a motor vehicle driven by the driver, to record by means of the software the person's degree of satisfaction in relation to the driver and the journey; and

(b) automatically aggregates such records in relation to such drivers and such journeys; and

(c) enables a rating, of a driver, derived from such records to be able to be made available to a person whose request to be carried on a journey in a motor vehicle is accepted by the driver.

4.    Schedule 1 amended (Motor Vehicles Class and Maximum Premiums)

Schedule 1 to the Principal Order is amended as follows:

(a) by inserting "and a ride-sourcing vehicle" after "campervan" in column 2 of item 1 in the table ;

(b) by inserting ", ride-sourcing vehicle" after "taxi" in column 2 of item 16 in the table .

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 7 September 2016

This order is administered in the Department of State Growth.

EXPLANATORY NOTE

(This note is not part of the order)

This order amends the Economic Regulator (MAIB Premiums) Order 2013 to include, in the category of vehicles in relation to which maximum premiums are set under the order, vehicles used, for profit, for ride-sourcing purposes.