Transport (Taxi-Cabs) Amendment Regulations 2014FILE/14-063sr.docx · Web view2014-06-17 · Transport (Taxi-Cabs) Amendment Regulations 2014. S.R. No. 63 ... a sign showing the

Transport (Taxi-Cabs) Amendment Regulations 2014

S.R. No. 63/2014

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provisions 23 Commencement 24 Principal Regulations 25 Authorising provisions 26 Definitions 27 Prescribed class of person to give medical certificate 38 Photo display for taxi-cab drivers 39 Records 310 Signs, symbols, notices, labels and fittings 311 New regulation 23A inserted 4

23A Information about maximum fares or hiring rates 412 Livery 413 Passenger routes 514 New regulation 29A 5

29A Destination signs 515 Regulation 31 substituted 6

31 Driver's appearance 616 Regulation 32 revoked 617 Regulation 33 substituted 6

33 Animals 618 Taxi zones 719 Operation of taximeters 820 New regulation 45A inserted 9

45A Prescribed information—notices of maximum fares or hiring rates 9

21 New regulation 47A inserted 1047A Identity cards for taxi compliance officers 10

22 New Part 5A inserted 10

PART 5A—TAXI NON-CASH PAYMENT SURCHARGES 10

47B Records to be kept of non-cash payment surcharges 10═══════════════

ENDNOTES 14

1

STATUTORY RULES 2014

S.R. No. 63/2014

Transport (Compliance and Miscellaneous) Act 1983


The Governor in Council makes the following Regulations:

Dated: 17 June 2014

Responsible Minister:

TERRY MULDERMinister for Public Transport

YVETTE CARISBROOKEClerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the Transport (Taxi-Cabs) Regulations 2005 as a consequence of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 and the Transport Legislation Amendment (Further Taxi Reforms and Other Matters) Act 2014 including by—

(a) prescribing information requirements where taxi-cab operators in the Regional Zone or the Country Zone determine their own maximum fares or hiring rates; and

(b) specifying records to be kept in respect of taxi non-cash payment surcharges; and

1

(c) making other minor and technical changes to improve the regulation and oversight of taxi-cab services in Victoria.

2 Authorising provisions

These Regulations are made under sections 162 and 228RZI of the Transport (Compliance and Miscellaneous) Act 1983.

3 Commencement

(1) Regulation 9 comes into operation on the later of—

(a) 30 June 2014; or

(b) the date on which section 278 of the Victoria Police Act 2013 comes into operation.

(2) The remaining provisions of these Regulations come into operation on 30 June 2014.

4 Principal Regulations

In these Regulations, the Transport (Taxi-Cabs) Regulations 20051 are called the Principal Regulations.

5 Authorising provisions

In regulation 2 of the Principal Regulations, after "162," insert "228RZI,".

6 Definitions

(1) In regulation 3(1) of the Principal Regulations—

(a) the definition of approved arrangements is revoked;

(b) in the definition of licensed taxi tester for "Part 6 of the Road Safety (Vehicles) Regulations 1999" substitute "Chapter 6 of the Road Safety (Vehicles) Regulations 2009";

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(c) in the definition of licensed vehicle tester for "Part 6 of the Road Safety (Vehicles) Regulations 1999" substitute "Chapter 6 of the Road Safety (Vehicles) Regulations 2009";

(d) in the definition of taxi zone for "Road Safety Act 1986" substitute "Road Safety Road Rules 2009".

(2) Regulation 3(3) of the Principal Regulations is revoked.

7 Prescribed class of person to give medical certificate

In regulation 4 of the Principal Regulations, for "Health Professions Registration Act 2005." substitute "Health Practitioner Regulation National Law.".

8 Photo display for taxi-cab drivers

At the foot of regulation 6(2) of the Principal Regulations insert—"Note

The licensing authority is defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Taxi Services Commission.".

9 Records

(1) In regulation 11(1) and (2) of the Principal Regulations, for "member of the police force" substitute "police officer".

(2) In regulation 11(1)(a) and (b) of the Principal Regulations, for "the member" (wherever occuring) substitute "the officer".

10 Signs, symbols, notices, labels and fittings

In regulation 23(4) of the Principal Regulations, after "matter or thing" insert "(other than a notice referred to in regulation 23A(2))".

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11 New regulation 23A inserted

After regulation 23 of the Principal Regulations insert—

"23A Information about maximum fares or hiring rates

(1) For the purposes of section 162EC of the Act, the prescribed standard for information about the maximum fares or hiring rates chargeable in respect of the taxi-cab is that the fares and rates are displayed inclusive of GST.

(2) The operator of a taxi-cab operated under a licence in which the Regional or the Country Zone is specified must not operate the taxi-cab, or permit the taxi-cab to be operated, unless information about the maximum fares or hiring rates chargeable in respect of the taxi-cab is shown on—

(a) a notice that is fixed to the outside of the taxi-cab so as to be clearly visible from the left side of the taxi-cab; and

(b) notices fixed on the inside of the vehicle so that the information is able to be clearly read from each seating position in the taxi-cab.

Penalty: 20 penalty units."

12 Livery

For regulation 24(1) of the Principal Regulations substitute—

"(1) The operator of a taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated unless there is displayed on the outside of the taxi-cab, so as to be clearly visible, the name, telephone number and trade mark or trade name of—

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(a) the operator; or

(b) a taxi-cab network service provider with whom the operator has an arrangement for the provision of taxi-cab network services.

Penalty: 10 penalty units.".

13 Passenger routes

In regulation 29(1) and (2) of the Principal Regulations, for "36(1) or 41(7)" substitute "29A, 36(1) or 41(7)".

14 New regulation 29A


'29A Destination signs

The driver of a taxi-cab may refuse to carry a person in the taxi-cab if—

(a) a sign showing the word "Destination" and the name of a suburb is attached to the taxi-cab so as to be clearly visible; and

(b) the place where the person wants to be taken to is—

(i) outside a 5 kilometre radius of the suburb shown on the sign; or

(ii) more than 5 kilometres either side of the most direct, practicable route between the hiring point and the suburb shown on the sign.'.

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15 Regulation 31 substituted

For regulation 31 of the Principal Regulations substitute—

"31 Driver's appearance

(1) While operating a taxi-cab, the driver of the taxi-cab must wear a uniform which conforms to a design approved by a relevant person.

Penalty: 5 penalty units.

(2) For the purposes of this regulation, a relevant person is—

(a) the operator of the taxi-cab; or

(b) if the operator has entered into an arrangement with a person accredited to provide taxi-cab network services for the receipt and dispatch of bookings or orders for the hiring of that taxi-cab, that person.".

16 Regulation 32 revoked

Regulation 32 of the Principal Regulations is revoked.

17 Regulation 33 substituted

For regulation 33 of the Principal Regulations substitute—

"33 Animals

(1) The driver of a taxi-cab must not bring or allow to be brought into the passenger area of the taxi-cab an animal unless the animal is an assistance animal or—

(a) the animal is accompanied by a hirer of the taxi-cab; and

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(b) the hirer tells the driver of the taxi-cab that—

(i) the hirer's intended destination is the place of business of a veterinary practitioner; and

(ii) the animal requires emergency medical treatment.


(2) The driver of a taxi-cab must accept an assistance animal for carriage in the taxi-cab with a hirer.


(3) In this regulation—

assistance animal means—

(a) a guide dog of a sight or hearing impaired person; or

(b) an animal of a type which may be taken on public transport in accordance with conditions determined under section 220D(1) of the Act.".

18 Taxi zones

(1) Regulation 38(5), (6) and (7) of the Principal Regulations are revoked.

(2) At the foot of regulation 38 of the Principal Regulations insert—"Notes

1 These Regulations do not prevent an intending hirer at a taxi zone from choosing a taxi-cab that is not first in line at the zone.

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2 Regulation 29(1) requires the driver of a taxi-cab to take a passenger who is attempting to hire the taxi-cab at any time when it is available for hire, subject to certain exceptions. This applies regardless of the position of the taxi-cab in the taxi zone.".

19 Operation of taximeters

After regulation 45(4) of the Principal Regulations insert—

"(4A) A driver who has started the taximeter in accordance with subregulation (4) must ensure that the taximeter is paused while the driver is carrying out activities for which a wheelchair lifting subsidy is payable.


(4B) For the purposes of subregulation (4A), a wheelchair lifting subsidy is an amount that the licensing authority has undertaken to pay to a driver—

(a) for loading a passenger into, or unloading a passenger from, a wheelchair accessible taxi-cab (within the meaning of section 147A(2C)(b) of the Act); and

(b) for loading a wheelchair into, or unloading a wheelchair from, the boot of a taxi-cab that—

(i) is a sedan or station wagon; and

(ii) is operated under a licence in which the Regional or Country Zone is specified.".

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"45A Prescribed information—notices of maximum fares or hiring rates

(1) For the purposes of section 162EA(2)(a) of the Act, the prescribed information relating to the maximum fares or hiring rates to be charged in respect of a taxi-cab is—

(a) the information specified in subregulation (2) in relation to the taxi-cab; and

(b) if the notice containing the information is to be submitted by a person accredited to provide taxi-cab network services—a statement that the operator of the taxi-cab has authorised that person to submit the notice.

(2) For the purposes of subregulation (1)(a) the following information is specified—

(a) the name and accreditation number of the operator of the taxi-cab; and

(b) the name, business address, telephone number, email address and accreditation number of the person submitting the notice containing the information; and

(c) the zones specified in licences held by or assigned to the operator of the taxi-cab; and

(d) the 4 digit taxi-cab registration number of the taxi-cab; and

(e) the maximum fares or hiring rates to be charged in respect of the taxi-cab; and

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(f) the date from which the fares or hiring rates will be charged; and

(g) details of any amounts that are to be charged in addition to the maximum fares or hiring rates.

Note

The fares and hiring rates to which the notices relate are set in accordance with Division 5AB of the Act.".



"47A Identity cards for taxi compliance officers

For the purposes of section 228RD(2)(c) of the Act, the prescribed matter that must be included in an identity card issued to a taxi compliance officer is the taxi compliance officer's authorisation number or badge number.".

22 New Part 5A inserted

After Part 5 of the Principal Regulations insert—

"PART 5A—TAXI NON-CASH PAYMENT SURCHARGES

47B Records to be kept of non-cash payment surcharges

(1) This regulation applies to a person who provides a non-cash payment processing service (as defined by section 228RA of the Act) (the relevant service) that facilitates the processing of a taxi non-cash payment transaction that is a payment of an amount that includes a taxi non-cash payment surcharge (a relevant transaction).

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(2) The person must keep records sufficient to identify—

(a) in respect of each relevant transaction—

(i) the amount of the taxi non-cash payment surcharge; and

(ii) the amount that would have been payable by the hirer in respect of the hiring to which the transaction relates if that hiring had been paid for in cash; and

(iii) the date on which the transaction was processed; and

(b) in respect of each day on which the relevant service facilitated the processing of a relevant transaction—

(i) the total amount of the taxi non-cash payment surcharges that were added to the relevant transactions on that day; and

(ii) the total amount that would have been payable by the hirers in respect of the hirings to which the relevant transactions on that day relate if those hirings had been paid for in cash; and

(c) in respect of each non-cash payment processing device (as defined by section 228RA of the Act) supplied by the person, or used to process a relevant transaction—

(i) if the device is programmed to add a taxi non-cash payment surcharge that is a fixed amount—that amount; and

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(ii) if the device is programmed to add a taxi non-cash payment surcharge that is not a fixed amount—the basis on which the amount of the surcharge is determined; and

(iii) each day on which the programming of the device is set or changed—

(A) to make the device add a taxi non-cash payment surcharge; or

(B) to change the amount the device adds as a taxi non-cash payment surcharge; and

(iv) each taxi-cab in relation to which the device is used; and

(v) the periods during which the device is used in relation to a particular taxi-cab; and

(vi) if the device is supplied by the person—

(A) each operator or driver to whom the person supplies the device; and

(B) the period during which the person supplies the device to a particular operator or driver.

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(3) The person must keep the records for a period of 5 years.

Note

The Electronic Transactions (Victoria) Act 2000 provides that a requirement to keep written records is taken to have been met if the person records information in electronic form.".

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ENDNOTES

Endnotes S.R. No. 63/2014


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1 Reg. 4: S.R. No. 67/2005. Reprint No. 1 as at 1 October 2008. Reprinted to S.R. No. 74/2008. Subsequently amended by S.R. Nos 149/2007, 90/2010, 74/2011 and 106/2011.

Documents

Transport (Taxi-Cabs) Amendment Regulations 2014FILE/14-063sr.docx · Web view2014-06-17 · Transport (Taxi-Cabs) Amendment Regulations 2014. S.R. No. 63 ... a sign showing the