Appendix 1

Contract for the provision of Total Mobility services

• Appendix 1 (PDF, 40KB)

Contents

Definitions

1. General conditions

• 1.1 General conditions
• 1.2 Contract term and termination
• 1.3 Health and safety of employees and safety of passengers
• 1.4 Resolution of disputes
• 1.5 Audit provision
• 1.6 Fare schedule
• 1.7 Licensing requirements

2. Rules of operation

• 2.1 Fares
• 2.2 Voucher rules
• 2.3 Invoices and payments

3. Safety standards

4. Driver training

5. Hours of service

Definitions

Driver
means any individual driver, employee or member of a licensed transport operator contracted to provide Total Mobility services

Transport operator
means any approved taxi operator or approved small passenger service vehicle operator providing an on-demand door-to-door service that is available to the public generally and is registered with _______________________________ ________, and approved by the Council for the provision of Total Mobility services

The Council
means _________________________________________

The fare
means the fare shown on the meter at the end of a trip

Maximum fare
means the maximum fare for which a subsidy is available

Passenger
means a person with an impairment who has been assessed as eligible to use the Total Mobility scheme

Trip
means a journey undertaken from one point of origin to one destination, where the destination is not the same as the origin

1. General conditions

1.1 General conditions

1. The transport operator shall provide a Total Mobility service on the terms and conditions set out in this document.
2. The transport operator will ensure that all drivers who provide a Total Mobility service in connection with, or on behalf of, the transport operator are aware of and understand these conditions and that they observe and adhere to these conditions at all times when they are engaged in providing Total Mobility services.
3. Total Mobility passengers must be treated with respect and courtesy at all times, and all reasonable assistance offered to facilitate the travel of Total Mobility passengers.
4. All Total Mobility vehicles shall be no older than ____ years from date of first registration when entering the scheme, or remain in service beyond ____ years from first registration.
5. The transport operator will supply the Council annually with details of its vehicle fleet, including each vehicle's registration number and date of first registration.
6. Transport operators or drivers who have received funds from the Council to provide wheelchair-accessible vehicles shall retain those vehicles in service in the ___________ region for a minimum period of ____ years from the period of installation and shall make the services of those vehicles available to Total Mobility passengers in preference to other users during the hours of service set out in section 5.

1.2 Contract term and termination

1. The contract will commence once the agreement is signed by the transport operator, and will continue for a term of ____ years from that date unless earlier terminated in accordance with this section.
2. The transport operator may terminate the contract by giving the Council ____ days' notice in writing of its intention to do so. In that case, the contract will terminate upon completion of the notice period.
3. The Council may terminate this contract on giving _____ days' notice to the transport operator if one of the following occurs:
   1. the funding source that the Council has to provide this service is withdrawn or is no longer available
   2. the transport operator, without good cause, fails to comply with any of the requirements of the contract, and such failure is not remedied within five working days of the Council giving notice to the organisation
   3. the transport operator is the subject of repeated and continuing complaints relating to the performance of services.
4. If the contract is terminated by either party, then:
   1. the Council will reimburse the transport operator for claims properly due and payable up to the date of termination; and
   2. the transport operator will reimburse the Council pro rata for funds provided by the Council for installation of equipment if the contract termination occurs prior to the minimum service period specified in section 1.1 f.

1.3 Health and safety of employees and safety of passengers

1. Transport operators must comply with the provisions of the Health and Safety in Employment Act 1992.
2. All practicable steps will be taken to ensure the safety of employees while at work and further to ensure that no action or inaction of any employee while at work places at risk or harm any other person.

1.4 Resolution of disputes

Resolution of disputes is at the Council's discretion. Refer to the guidelines in appendix 2 for more information.

1.5 Audit provision

Audit provision is at the Council's discretion. Refer to the guidelines in appendix 2 for more information.

1.6 Fare schedule

1. The transport operator will submit on a yearly basis the registered fare schedule to the Council.
2. After approval from Land Transport New Zealand, the Council shall be notified within 21 days of changes to the fare schedule. The transport operator will be considered in breach of contract if this notice period is not adhered to.

1.7 Licensing requirements

1. All transport operators shall be either an 'approved taxi organisation' as detailed in sections 20–22 of the Transport Services Licensing Act 1989 or an 'approved small passenger service operator' contracted by the Council to provide Total Mobility services.
2. Operators must comply with the Transport Services Licensing Act 1989 at all times.
3. Drivers must comply with the Small Passenger Service Rules when operating Total Mobility services.

2. Rules of operation

2.1 Fares

1. The maximum fare for which a subsidy is available is $_____. A transaction submitted for a trip for greater than the maximum full fare will be reimbursed at a maximum subsidy of $_____.
2. The Council must be notified at least 21 days before any changes in fare tariffs are introduced.
3. A flat payment of $10 (including GST) will be paid to the operator for each Total Mobility trip using a wheelchair hoist. This payment will be made in accordance with the rules outlined in section 2.3, and with the following conditions:
   1. the fare meter will not operate while Total Mobility passengers are being loaded into or out of the vehicle
   2. the flat payment will be passed on to the owner of the vehicle if the vehicle is not owned by the operator

2.2 Voucher rules

1. Only one one-way Total Mobility trip can be charged to one Total Mobility voucher, ie a return trip requires two vouchers.
2. Where there are multiple passengers travelling as a party, only one Total Mobility voucher may be used.
3. Caregivers of a Total Mobility passenger may accompany them on a trip, but the Total Mobility voucher user must be in the vehicle for the entire journey.
4. Vouchers may be used 24 hours per day, seven days per week for any trip purpose (the exceptions are work-related travel, where the cost of travel should be met by employer, and on a school trip where the cost of travel is being met by the school for able-bodied children).
5. Vouchers from other regions will be accepted but local maximum fares will apply.
6. The operator may not hold Total Mobility voucher books on behalf of a Total Mobility client under any circumstances.

2.3 Invoices and payments

Invoices and payments are at the Council's discretion. Refer to the guidelines in appendix 2 for more information.

3. Safety standards

1. All wheelchair hoists (and/or ramps) must be inspected and certified as safe for use by an approved engineer of low volume vehicles, and the hoists (and/or ramps) must be maintained at certificate of fitness standard at all times.
2. All Total Mobility passengers who are transported in a wheelchair in a hoist vehicle must be restrained with one of the following:
   1. harness belt
   2. lap belt
   3. lap-sash belt.
3. All practicable attempts to secure passengers travelling in a wheelchair in a hoist vehicle will be made. However, drivers will not be permitted to carry any passengers who refuse to wear the appropriate seatbelt.
4. An exception to this clause will be permitted only in situations whereby the appropriate Land Transport NZ exemption document is provided to the driver by the customer, or a medical certificate is provided that exempts the individual from wearing a seatbelt.

4. Driver training

1. The transport operator will ensure that all drivers have been trained in either a Council-approved training course for Total Mobility or NZQA unit standards 1748 and 15165.
2. A driver register will be provided to the Council on a yearly basis.
3. The Council will be notified of any new drivers providing Total Mobility services.

5. Hours of service

1. A Total Mobility service must be available for hire _____ hours per day, ____ days per week unless exempt under section 22 of the Transport Services Licensing Act 1989.