Queensland Taxi Security Camera Program Changes Frequently Asked Questions GENERAL INFORMATION 1. What is the taxi security camera program? It is a program administered by the Department of Transport and Main Roads (Transport and Main Roads) to enhance the safety and security of taxi drivers and passengers in Queensland. The program commenced in 2005 when the Queensland Government funded the initial supply and installation of taxi security camera systems (Camera Systems) in densely populated parts of Queensland. In 2007, the program was rolled out to other parts of Queensland including regional and remote areas. In total, the Queensland Government provided $8.4 million in funding to equip taxis with Camera Systems. At the time of publication, there are more than 3,100 taxis (out of a total fleet of 3,260) fitted with Camera Systems. Transport and Main Roads sets the policy and legislative framework for the taxi security camera program, ensuring that Camera Systems are only used for their intended purpose. Regular compliance activities are undertaken to monitor compliance with this framework and enforcement action is taken if necessary. 2. What is the purpose of Camera Systems? Camera Systems improve the safety of passengers and taxi drivers by deterring potential acts of crime. Research suggests that the knowledge that a Camera System is operating can enhance a person s feeling of security as well as deter some would-be offenders. Camera Systems are also a key source of evidence if an incident occurs in or about a taxi. Since their introduction, recordings from Camera Systems have provided key evidence in many investigations relating to safety matters. 3. What is changing with the taxi security camera program? A number of things are changing to improve the operation of the taxi security camera program and ensure that passengers and drivers receive the maximum benefit from this safety measure. The changes include: new Queensland Camera System Specifications (Approved Specifications) for future Camera Systems
an approval committee to assess future Camera Systems to determine if they meet the standard required an open supply arrangement ensuring we have an adequate legislative framework to administer and manage the program into the future. The changes are expected to achieve the following things. Allow for audio to be recorded in addition to images to increase the evidentiary value of the recording by helping to determine what happened in the lead up to, during and after an incident. Enable recordings to be kept for a longer period of time (after being downloaded) before needing to be destroyed. Recordings must be kept for at least 60 days after being downloaded before being destroyed but must be destroyed no later than 90 days after being downloaded. Provide for clearer responsibilities for taxi operators and taxi drivers to make sure Camera Systems work as intended. Remove obligations on licence holders. Expand the mandatory requirement for taxis to be fitted with a Camera System to apply to all taxis that are required (as a condition of the taxi licence) to have a taximeter. For more information on the Approved Specifications, please refer to Question 33. For more information on the approval process for Camera Systems please refer to Question 35. 4. When will the changes be implemented? Changes to the relevant legislation were made in December 2013. Some of the changes took immediate effect while others will not apply for some time. The changes which increase how long a downloaded recording must be kept before being destroyed and the clearer responsibilities for operators and drivers to check the Camera System apply straight away. The changes to enable audio recording and the expansion of areas where it is mandatory for taxis to be fitted with Camera Systems will not apply until at least 2017. Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 2
These transitional arrangements will give industry stakeholders three years from the time a Camera System is approved as meeting the Approved Specifications to purchase a new Camera System or upgrade an existing Camera System. The three year transition period has been included to provide the taxi industry with sufficient time to prepare for the change. An example of the timeline for the changes to be implemented is outlined below: December 2013: Legislation Change & Open Supply Invite Downloaded recordings to be kept for 60 to 90 days Operators responsible for ensuring a Camera System is fitted Operators and Drivers must make sure lenses on the Camera System are not obstructed or obscured Transport and Main Roads invites potential suppliers to apply for Camera System approval Early to Mid 2014: Camera System/s Approved Transport and Main Roads announces that one or more Camera System meets the Approved Specifications Stakeholders informed that they have three years to install a new system 2017 (date to be confirmed): Full Compliance Required Only Camera Systems that meet the new Approved Specifications, which include audio, can operate in taxis All taxis in areas where taximeters are mandatory must have a Camera System 5. Who is affected by the changes to taxi security camera program? A whole range of parties are affected by the changes including taxi passengers, drivers, operators, potential offenders, the Queensland Police Service and Camera System suppliers. It is anticipated that the changes will lead to a safer, more secure taxi environment which may also lead to better public perception of taxi services generally and a better reputation of the taxi industry overall. 6. Who has been consulted on the changes to the taxi security camera program? Two open consultations were held seeking comment from the public, industry members, government agencies and prospective suppliers. The first consultation was held in March 2011 with the release of a discussion paper, The Future Direction of the Taxi Security Camera System. Feedback from this paper informed the development of the Policy Paper on Proposed Amendments to the Taxi Security Camera Program which was released for consultation in November 2012. Changes to the taxi security camera program are informed by feedback received through those consultations. Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 3
7. After implementation of current changes to the taxi security camera program, will there be any further changes? The taxi security camera program is an ongoing program that will continue to be administered and monitored by Transport and Main Roads. Due to technological developments and new research, it is likely that the program will be reviewed regularly to ensure that it remains contemporary and able to respond to the changing needs of society. 8. How is the privacy of taxi passengers, taxi drivers and the general public protected? The taxi security camera program retains the same safeguards that are currently in place to protect a person s privacy. Under the legislation: a) a recording from a Camera System can only be downloaded and used for a prescribed authorised purposes relating to passenger and driver safety and for maintenance of the Camera System b) the period that downloaded recordings can be kept is limited (as noted under Question 3, this period changed with the legislative amendments) c) Transport and Main Roads must be notified within 1 working day of any download being carried out including the details about who conducted the download and the reasons why it was conducted d) only Camera Systems which meet the Approved Specifications can be used. The Approved Specifications for approved Camera Systems have also been developed to ensure that only authorised persons can access the data, for example: a) Camera Systems have to be tamper-proof and require specialised tools to adjust b) all recordings must be encrypted and require specialist software to download and decrypt. Under the new Approved Specifications, Camera Systems will only be able to record for a prescribed 72 hours before the data is overwritten. Transport and Main Roads conducts regular audits to ensure that all privacy aspects of the taxi security camera program are complied with and penalties apply where breaches are identified. 9. As a passenger how can I tell if a taxi has a Camera System? All taxis with a Camera System must have a sign at every entry point and at an obvious place inside the taxi to let passengers know that the vehicle is fitted with a Camera System. The majority of Queensland taxis have a Camera System installed. The current sign for a Camera System is shown below. Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 4
When a taxi is fitted with a Camera System that meets the new Approved Specifications, you will see this sign: 10. How will the changes to the taxi security camera program support their use in an investigation? The legislative amendments and the new Approved Specifications for Camera Systems will improve the evidentiary value of recordings. These changes include: a) the addition of audio recording b) clearer requirements to ensure cameras are not obstructed or obscured and Camera Systems are properly fitted c) an increase in the quality and number of images captured per second d) an increase in the time that Camera Systems are capable of continuously recording before data is overwritten from a minimum of 32 hours to a prescribed 72 hours. Since their introduction in 2005, Camera Systems have provided invaluable evidence for many investigations. However, issues with the quality of images, the lack of audio and with recordings being overwritten before the data could be downloaded have hindered a number of investigations, including some serious assault complaints. It is expected that changes to the taxi security camera program will address these issues. 11. When can recordings from Camera System be downloaded? Downloading usually happens because a complaint has been made by a passenger or a taxi driver to the Queensland Police Service, a Taxi Booking Company or a taxi operator. Recordings can only be Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 5
downloaded if it is for an authorised purpose, as listed under the legislation. The authorised purposes are all related to protecting the safety and security of people in and about the taxi and for Camera System maintenance. These criteria have been developed in accordance with the Information Privacy Act 2009. Penalties apply for any unauthorised usage. For more details on authorised purposes refer to section 81 of the Transport Operations (Passenger Transport) Regulation 2005. 12. As a passenger can I see a recording? No, for privacy reasons recordings are not made available. However, if you have a concern about a taxi journey and you make a complaint, the recording may be used to inform an investigation. If your concern is serious, you should make a complaint to the police. For a less serious issue, such as theft of property or offensive behaviour, you should call the Taxi Booking Company or the operator for the taxi you used. 13. Who can download recordings from a Camera System? Download Officers are the only people who can download images from a Camera System. A Download Officer is a person authorised by Transport and Main Roads and provided with the specialist software needed to download. Most Download Officers are employees of a Taxi Booking Company or Taxi Management Company or, in more remote areas, they may be a taxi operator. The Queensland Police Service is also authorised to download recordings. 14. Why have Taxi Booking Companies and some taxi operators been authorised to download recordings from Camera Systems? Authorised Download Officers in these organisations provide Taxi Booking Companies, Taxi Management Companies and taxi operators with evidence to investigate less serious complaints which are unlikely to result in a criminal investigation. More serious complaints would be referred to the Queensland Police Service. For information on privacy protection, please refer to Question 8. 15. Do Camera Systems allow for live streaming? No, recordings from Camera Systems need to be manually downloaded using specialist software and then decrypted before they can be viewed. Downloading would normally only occur if there has been an incident and the recording is needed for an investigation. 16. Are Camera Systems always recording? No, Camera Systems are designed to record when the vehicle is running and for a period of time after the ignition has been turned off. This allows the Camera System to capture all key events and conserve Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 6
memory capacity when the Camera System is not needed. Recordings are also tagged in response to a trigger such as when a door is opened or the driver presses the duress alarm. 17. As a passenger, can I make the taxi driver turn the Camera System off? No, the approved Camera Systems installed in Queensland taxis do not have a mechanism for turning the Camera System off. For the protection of passengers and drivers, it will not be possible to turn the new Camera Systems off either. It is an offence, under the legislation, for anyone to tamper with the Camera System. It is also an offence for a driver, of a taxi fitted with a Camera System, to use the taxi when the Camera System is not fully operational. Penalties apply for any breach of these requirements. 18. Are Camera Systems required in taxis in other parts of Australia? Yes, in every jurisdiction in Australia, except for the Australian Capital Territory, Camera Systems are mandatory in at least part of the fleet. In Victoria, Tasmania and South Australia, Camera Systems are mandatory in more populated areas, whereas in New South Wales, Western Australia and the Northern Territory all taxis must have a Camera System. The legislation and specifications for Camera Systems is specific for each jurisdiction although, given the similar nature of safety and privacy considerations, there are considerable legislative similarities. For example, in each jurisdiction the use of recordings is limited to authorised purposes related to the safety and protection of people and system maintenance. DETAILED INFORMATION FOR KEY TAXI INDUSTRY STAKEHOLDERS 19. What is the relevant legislation for the taxi security camera program? All Queensland legislation for the taxi security camera program is in the Transport Operations (Passenger Transport) Regulation 2005 (the Regulation) Part 6, Division 4: Taxi Security Camera Systems. 20. Have the obligations for licence holders and operators for Camera Systems changed? Yes, all legal obligations on licence holders have been removed with the legislation changes. The operator is now legally responsible for ensuring that a taxi operated in a relevant area is fitted with a Camera System and they are the only person who can notify Transport and Main Roads if the Camera System is not fully operational (refer to sections 82(a) and 85 of the Regulation). These responsibilities have shifted to the operator because licence holders may have little or no role in the operation of the taxi service. It also brings the taxi security camera program into alignment with licence contract conditions and with other legislative obligations which place responsibility for ensuring a taxi is fitted with relevant equipment on the operator. Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 7
Please refer to the Guidelines for the installation and use of Taxi Security Camera Systems in Queensland for detailed information on operators and licence holders roles and responsibilities with the taxi security camera program. 21. Do taxi operators and drivers have new responsibilities to make sure Camera Systems work properly? Yes, both taxi operators and drivers now need to make sure that: no lens of a Camera System is obscured or obstructed the reception of audio is not altered or obstructed, if applicable. Operators are also responsible for ensuring that, at the time they make the taxi available to the driver, the Camera System is fitted and aligned in accordance with the Approved Specifications. These responsibilities are in addition to operators and drivers previous responsibility under the legislation to ensure that that visual indicator on the Camera System indicates it is operational. Penalties apply for any breach of these requirements. Please refer to the Guidelines for the installation and use of Taxi Security Camera Systems in Queensland for detailed information on operators and drivers roles and responsibilities with the taxi security camera program. 22. Have the requirements for when a Camera System is not working changed? Yes, slightly. With the legislation changes it is now the operator s (rather than licence holder s) responsibility to inform Transport and Main Roads if a Camera System is not fully operational. The legislative changes also introduce a new requirement on operators to inform Transport and Main Roads if the Camera System is not fitted properly. This means that if the operator: a) provides Transport and Main Roads with notice that the Camera System is not fully operational or is not properly fitted, and b) a copy of this notice is kept in the taxi during the notice period, it is not an offence for the taxi to operate during the notice period. Penalties apply for not adhering to this. For full details on this refer to section 85 of the Regulation or read the Guidelines for the installation and use of Taxi Security Camera Systems in Queensland. Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 8
23. Are there any changes to the authorised purposes for Camera System recordings? No, the legislative changes have not changed the definition of authorised purpose and the associated penalties for the unauthorised use of recordings. For a full definition of authorised purposes refer to section 81 of the Regulation. The authorised purposes are only for safety and security in and about the taxi, and system maintenance. Camera Systems recordings cannot be used for any commercial purpose. Any unauthorised use is subject to heavy penalties. 24. Do changes to the taxi security camera program allow cameras to be installed at the front and rear of taxis? No, the new Approved Specifications for Camera Systems only allow for external cameras near the driver s door and, optionally, at a passenger s door. The purpose of Camera Systems is to protect the safety and security of drivers and passengers in and about the taxi. The approved location of cameras reflects this intent and the authorised purposes for recordings, as outlined in section 81 of the Regulation. 25. Has the process for downloading recordings from a Camera System changed? No, downloading is still provided as a free service at Download Stations. Download Stations are provided by Taxi Booking Companies, some Taxi Management Companies and, in more remote areas, may be provided by operators. Download Stations are available to download security recordings 24 hours a day, seven days a week. This does not mean that the Download Station needs to be continuously open 24 hours a day, seven days a week; it just means that it must be able to perform downloads as soon as practicable to prevent recordings from being overwritten. For detailed information on the download process, please refer to the Guidelines for the installation and use of Taxi Security Camera Systems in Queensland. 26. Have timeframes for the holding and disposal of downloaded recordings changed? Yes, downloaded recordings now need to be deleted, or otherwise destroyed, not less than 60 days and not more than 90 days after the day of downloading. Previously, recordings had to be deleted not less than 30 days and not more than 35 days after downloading. The operator or, if the operator is a corporation, an executive officer of the corporation is responsible for doing this. Penalties apply for any breach of this timeframe. Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 9
27. Will the recording time for Camera Systems change? Yes, when new Camera Systems are approved they will record for a prescribed 72 hours before the data is overwritten. Current Camera Systems have to record for a minimum of 32 hours. 28. Why is the timeframe for recording and for keeping downloaded recordings changing? Transport and Main Roads received advice that since the introduction of the taxi security camera program in 2005, some investigations have been hindered because a request for a recording was lodged after the recording had been overwritten or, for downloaded recordings, the maximum retention time had passed. The new timeframes balance privacy considerations and the importance of being able to access recordings for evidentiary purposes. 29. With the changes to the taxi security camera program, how will I know if my taxi has to have a Camera System fitted? Transport and Main Roads has written to all operators to let them know that the changes to the legislation have been made and how the changes being progressed will affect them. It is expected that the requirement for a taxi to be fitted with a Camera System will apply to all taxis that are required (as a condition of the taxi licence) to have a taximeter. The requirement does not apply immediately though. Operators will have about three years to comply with that requirement, starting from the time a Camera System is approved as meeting the new Approved Specification. Giving the industry a reasonable amount of time to comply is considered appropriate to reduce the impact of the new requirements on industry stakeholders. For more information on the timeframe for taxi security camera program changes, please refer to Question 4. 30. Why are some taxis not required to have a Camera System fitted? Taxis that operate in rural and remote areas of Queensland will not have to have a Camera System fitted. These areas are referred to as exempt areas because taxis operating in these areas are not required to comply with certain requirements, like the requirement to have a taximeter, distress light, child restraint anchorage bold and hail light. These exemptions are provided in recognition of the different operating environment in these parts of Queensland and the greater financial viability issues that are generally associated with operating a small business in a regional remote community. 31. Are taxis in exempt areas still able to have a Camera System? Yes. While it is not mandatory for taxis in exempt areas to have a Camera System, many operators have installed them in their taxis voluntarily. If installed, operators and drivers must ensure they comply with the requirements of the legislation which regulates the use of the system, including when Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 10
recordings can be downloaded and for what reasons, when downloaded recordings must be destroyed and ensuring the system is working (refer to s81 of the Regulation). 32. How will I know what suppliers in the market can offer a Camera System that meets the new Approved Specifications? Transport and Main Roads will provide information on what Camera System/s are approved through a Gazette Notice (look on http://publications.qld.gov.au) and will post these details on its website: www.tmr.qld.gov.au. This is expected to occur in the first half of 2014. When this occurs, Transport and Main Roads will write to all taxi operators affected by the mandatory requirement to have a Camera System installed, to notify them that they have three years from that time to comply. Transport and Main Roads will also write to taxi operators who will not be affected by the mandatory requirement, but may have a system installed, to notify them that they will need to stop using their current system in three years time, or install a new one that meets the new Approved Specifications. 33. What is different in the new Approved Specifications for Camera Systems? There are a range of changes to the Approved Specifications for Camera Systems. Key changes include: inclusion of audio recording a change in the recording time before data is overwritten from a minimum of 32 hours to a prescribed 72 hours an increase in the minimum frame rate from 1 to 3 images per second five minute tagging of recordings prior to the activation of the duress alarm optional shutdown of external camera/s once a speed of 15 km/ph is reached inclusion of an optional external camera on the passenger side of the vehicle. For more detailed information please refer to the Queensland Camera System Specifications. 34. What is the approval process for Camera Systems? Transport and Main Roads is in the process of establishing a Queensland Taxi Security Camera Approval Committee (the Approval Committee). This Approval Committee will be made up of representatives from key government departments, including the Queensland Police Service, Transport and Main Roads and the taxi industry. Queensland Taxi Security Camera Program FAQs, Transport and Main Roads, December 2013 11
The Approval Committee will consider detailed written submissions from possible suppliers and assess if they meet the requirements against the Approved Specifications. The Approved Specifications identify the minimum requirements for a Camera System that is supplied and installed in a taxi in Queensland. The Approval Committee may, at its discretion, consider conditional approval of Camera Systems, or components of Camera Systems, that vary from the Approved Specifications if it is satisfied that the objective of the specification is substantially met. A Camera System that exceeds the Approved Specifications will not necessarily be approved. For example, if the prescribed 72 hours of recording is exceeded, or if it has forward and rear facing cameras, the Camera System will not be approved. For detailed information on the approval process, please refer to the Queensland Camera System Supplier Approval Process guide released by Transport and Main Roads. 35. Will the government fund the purchase and installation of new Camera Systems? No, the Queensland Government will not provide funding for updating Camera Systems. After the Queensland Government funded the initial roll-out of Cameras Systems it introduced a fare increase to cover the cost of maintenance and future Camera System updates. The fare increase, introduced in December 2005, was for an extra one cent per kilometre to maximum fares. This amount has increased with each fare increase and it is estimated that operators would have received in excess of $700 per year, per taxi. 36. What if my Camera System needs replacing between now and a new Camera System being approved? If you are in an area where it is mandatory to have a Camera System, which is currently all the areas that have a Taxi Booking Company, you will need to replace the Camera System with a currently approved Camera System in order to offer the vehicle for hire. You may choose to invest in a new Camera System or a second-hand one, depending on when you want to install a Camera System that meets the new Approved Specifications. If you are in an area where it is not mandatory to have a Camera System, you can choose to either remove the Camera System or replace it with a currently approved Camera System. 37. Will new approved Camera Systems have a warranty? Yes, one of the conditions for approval of Camera Systems against the new Approved Specifications is that they must have at least a three year warranty.