The purpose of this policy is to outline the requirements for a camera surveillance unit (CSU) used for the commercial transport of passengers in Australia and New Zealand including rideshare transport.
The requirements differ on a state-by-state basis as set out below. In general, it is not compulsory for a camera surveillance unit to be installed in vehicles used only for on-demand transport i.e. non-rank and hail transport (non-taxis).
However, if drivers choose to install one in their vehicle, they must comply with the necessary security and privacy safeguards which apply to taxis with respect to such devices.
A security camera is not required to provide Ola on demand booked services. Passengers are not to be recorded by video or audio without their permission.
If a security camera system is used, then under Reg 18 Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017, the security camera system must be approved and drivers or vehicle owners must comply with the specifications set out by Transport for NSW:
Such speifications include the requirement that:
- only an authorised person can download and access images from security camera systems for a specific purpose; and
- only an authorised person can turn off or disable any security devices, remove memory and store and access recordings.
An authorised person is:
- a person authorised by the authorised taxi service provider to access the footage
- a Police Officer or
- an Authorised Officer, appointed by the Point to Point Transport Commissioner, who are also authorised to download images for investigation purposes.
Further information is available from the Point to Point Transport Commissioner’s website here.
Rideshare vehicles, being commercial passenger vehicles supplying booked services where both driver and rider identities are known, are not permitted to install security cameras. However, if a vehicle owner wants to install a dash cam into their vehicle, they must ensure:
- to install a forward-facing camera
- to read about their legal obligations here
- any security cameras installed in a rideshare vehicle must comply with CPV security camera specifications, which set out minimum standards for operation, data security and quality of images
- that the privacy of passengers and drivers is paramount. Images of passengers are not to be viewed or kept
- audio recordings of passengers is not permitted unless they have provided their consent or they are a party to the conversations. This includes recordings from all devices including mobile phones. Sample stickers for display to inform passengers may be obtained from the CPVV website:
- The only purpose of the security cameras is for safety and investigative purposes only.
For more information on privacy requirements and a list of approved security camera systems, please see here.
Rideshare vehicles, being on-demand charter (OD-C) vehicles, are not required to have security cameras operating in their vehicles WA. However there is strict regulation surrounding the use of security cameras in which drivers must comply with if they wish to do so as per Div 2 Transport (Road Passenger Services) Regulations 2020.
The following requirements required to be adhered to include:
- A clearly visible sign notifying passengers that they are being recorded must be placed inside the front of the vehicle
- Recordings can only be used for authorised purposes as defined in the regulations; and
- Copies of recordings must be provided to Police or Authorised Officers such as DoT Education and Compliance Officers when required
Drivers should familiarise themselves with the Camera Surveillance Units Standards 2020 to ensure they meet the requirements. Drivers must also ensure their CSU complies with these standards.
Drivers must ensure that recording of passengers in their vehicles are not shared with anyone other than by request of the Police, the Regulator or Ola if requested. All storage of recordings should be kept for a minimum of 288 hours. A helpful checklist can be found here to help drivers ensure they are meeting the standards.
Approved security cameras are only mandatory in all taxi, limousine and ride-booking vehicles within relevant areas where the service meets any of the following risks:
- driver or passenger is anonymous (for example rank and hail work)
- cash transactions
- point of payment is made in person before, during or after the journey.
This means that drivers on the Ola platform are not required to install a security camera. However, if drivers choose to do so, they must satisfy the following obligations when installing a security camera system:
- Install one of the approved security camera systems.
- Display the approved sign on all entry points to your vehicle, and have the sign clearly visible inside your vehicle.
- Comply with all legislative privacy protections relating to the download, use, disclosure and disposal of camera recordings (Part 9, Transport Operations (Passenger Transport) Regulation 2018).
Externally focused forward or rear facing cameras are allowed in all personalised transport vehicles, however, these cameras must not record images or audio of persons inside the vehicle. Camera specifications and the download of images from these cameras are not regulated by the Department of Transport and Main Roads (TMR).
Only approved security cameras in a personalised transport vehicle may face inwards – recording the driver or passengers – while a personalised transport service is being provided.
Where a vehicle has equipment fitted for the purpose of a passenger transport service (e.g. surveillance camera) an authorised installer will need to complete a Certificate of Compliance to certify that the equipment is correctly and safely installed. The owner must ensure that all requirements under the legislation are also complied with.
While operating as a rideshare vehicle, no video or audio recording devices capable of recording passengers are permitted unless it is a Department approved in-car security camera system. Dash cams are not authorised to be used in ridesharing vehicles when operating as a transport provider. For more information on security camera systems refer to Information Bulletin CPV28 – Security Cameras in Taxis and Minibuses.
Approved security cameras are not required in ridesourcing vehicles. However, if a vehicle owner wants to install a security camera in their vehicle, they must ensure that they install only approved security camera systems or those that meet security camera systems standards.
For security systems such as cameras, GPS tracking devices, duress alarms and other equipment used for safety purposes that are installed on the vehicles used for providing rides, the drivers should ensure that:
(a) they comply with Standards approved by the Authority;
(b) they are operational during hirings; and
(c) there is the ability to capture data from the devices and permit access to that data by police, road transport authority or other authorised person as required for regulatory purposes, as soon as practicable.
If you have any questions or comments regarding anything in this document or if you require further information, you can email us at firstname.lastname@example.org