Driver agreement

Under the Government's taxi and hire car reforms, the Taxi Services Commission (TSC) has determined mandatory conditions to be implied into all driver agreements.

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What is the driver agreement?

New conditions are implied into all driver agreements. The implied conditions are intended to improve all drivers' working conditions.

The implied conditions apply, even if the conditions are not included in a written agreement between the operator and driver.

The implied conditions include:

  • A 'safety net' income for the driver that is at least 55 per cent of the gross fares earned during a shift.
  • Up to four weeks of unpaid leave where a driver has worked, on average, three or more shifts per week for 12 months or longer for the same operator.
  • A requirement for operators to provide monthly records to drivers of payments made between the parties, shifts worked and fares earned during a shift.
  • A requirement for operators to pay all vehicle maintenance costs (including fuel).
  • A requirement for operators to hold an insurance policy, in the operator's own name, with an insurer regulated by the Commonwealth Government, covering the driver against liability for third-party property damage caused through the driver's use of the taxi. The operator must pay any applicable excess on the policy.

The conditions automatically apply to any agreement where a driver takes possession of an operator's taxi even when there is no written agreement.

Both drivers and operators are encouraged to familiarise themselves with the implied conditions and their relevant rights and obligations:

For more refer to our Frequently Asked Questions.

Guidance notes

Guidance notes have been developed to assist in determining what terms can be included in an agreement, and what terms may not:

How do I get a driver agreement?

Industry participants can use the attached template to form their own agreement:

Other conditions can be added in an agreement between operators and drivers, but these must not be in conflict with the implied conditions.

Amendment to driver agreement 12 August 2014

Please note on 12 August 2014, a change was made to clause 6.6 of the template agreement. Clause 6.6 previously read as follows:

  • Subject to clause 10.4(b), the Operator must indemnify the Driver for any loss or damage (including costs) suffered by reason of the Operator's failure to take out and keep current the insurance referred to in clause 6.1.

In order to make the template agreement more clearly consistent with the implied conditions, clause 6.6 has now been amended to read as follows:

  • Subject to clause 10.4 (b), the Operator must indemnify the Driver for vehicle damage (including damage to the Taxi) arising out of the use of the Operator's Taxi, and for costs including legal costs associated with such vehicle damage. 

If you have downloaded the template agreement before 12 August 2014, please amend your agreement to reflect this change.

Driver agreement review

Consultation on a post implementation driver agreement review has now closed. Thank you to those who participated. Findings of the review are expected to be released early to mid 2016.

Driver agreement frequently asked questions (FAQs)

The TSC has compiled a list of frequently asked questions that may assist you. Please consider the responses to these questions before contacting the Dispute Resolution Team.

More information

For more information on the driver agreement, see: