Transport (Taxi-Cabs) Regulations 2005FILE/05-67sr015.docx · Web viewPart 7—Transitional Provisions—Transport (Taxi-Cabs) and (Taxi-Cab licences—Market and Trading) Amendment

Version No. 015

Transport (Taxi-Cabs) Regulations 2005S.R. No. 67/2005

Version incorporating amendments as at17 June 2014

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY MATTERS 1

1 Objectives 12 Authorising provisions 13 Definitions 1

PART 2—DRIVER ACCREDITATION, PHOTO CARDS, LICENCES AND RECORDS 5

Division 1—Driver accreditation 5

4 Prescribed class of person to give medical certificate 55 Test of acuteness of vision 56 Photo display for taxi-cab drivers 57 Licensing authority may issue driver's photo card 68 Driver's photo to be displayed in taxi-cab 6

Division 2—Licences 7

10 Taxi-cab licences 7

Division 3—Records 8

11 Records 8

PART 3—VEHICLES 9

12 Taxi-cab specifications 913 Taxi-cab construction or equipment 913A Use of equipment 1114 Emergency warning devices 1115 Security cameras 1216 Protective screens 1317 Boot lock release devices 1318 Air conditioner 1419 Inspection of taxi-cabs 1420 Notice to rectify defects 15

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21 Evidence of inspection 1722 Interference with equipment in or on taxi-cab 17

PART 4—LIVERY, LAMPS, SIGNS ETC. 18

23 Signs, symbols, notices, labels and fittings 1824 Livery 1925 Sign on roof of taxi-cab 1926 Tariff lamps 2027 Not for Hire signs 21

PART 5—VEHICLE OPERATIONS 23

Division 1—Passenger numbers 23

28 Maximum number of passengers 23

Division 2—Driver responsibilities 23

29 Passenger routes 2330 Driver to remain with taxi-cab 2431 Driver's appearance 2532 Uniforms 2533 Animals 2634 Passenger amenities 2635 Picking up and setting down passengers 2736 Passenger behaviour 2837 Passenger assistance 2838 Taxi zones 28

Division 3—Fares, charges and taximeters 30

39 Fares and additional charges 3040 Multiple hirings 3141 Capacity to pay 3142 Request for driver to return or wait 3343 Payment of fares and additional charges 3444 Taximeters 3645 Operation of taximeters 38

Division 4—General 40

46 Smoking prohibited in taxi-cabs 4046A No drinking liquor or possessing open liquor containers 4047 Property found in taxi-cabs 41

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PART 6—TRANSITIONAL PROVISIONS—TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (TAXI-CABS) AMENDMENT REGULATIONS 2011 42

48 Definition 4249 Regulatory instruments 4250 Approval to fit a security camera to a taxi-cab 4551 Approval of uniform design 46

PART 7—TRANSITIONAL PROVISIONS—TRANSPORT (TAXI-CABS) AND (TAXI-CAB LICENCES—MARKET AND TRADING) AMENDMENT REGULATIONS 2014 47

52 Definition 4753 When this Part takes effect 4754 Regulatory instruments 4755 Approval to fit a security camera to a taxi-cab 5056 Approval of uniform design 51

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SCHEDULES 52

SCHEDULE 1—Test of Acuteness of Vision 52

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ENDNOTES 54

1. General Information 54

2. Table of Amendments 55

3. Explanatory Details 56

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Version No. 015


Version incorporating amendments as at17 June 2014

PART 1—PRELIMINARY MATTERS

1 Objectives

The objectives of these Regulations are to prescribe measures intended to enhance passenger and driver safety and the reliability and quality of taxi-cab services, including requirements for or in relation to—

(a) driver accreditation, conduct and presentation;

(b) taxi-cab construction, equipment, appearance and operation;

(c) hirings, the charging and payment of fares and charges and the operation of taximeters;

(d) the conduct of passengers.

2 Authorising provisions

These Regulations are made under sections 162, 256, 318 and 350 of the Transport (Compliance and Miscellaneous) Act 1983.

3 Definitions

(1) In these Regulations—

Act means the Transport (Compliance and Miscellaneous) Act 1983;

1

Reg. 1(a) amended by S.R. No. 69/2007 reg. 5.

Reg. 2 amended by S.R. Nos 74/2011 reg. 11, 106/2011 reg. 9, 65/2014 reg. 6.

Reg. 3(1) def. of Act amended by S.R. No. 106/2011 reg. 10.

approved arrangements means arrangements approved by the licensing authority under section 133(4) of the Act;Note

The licensing authority is defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Secretary to the Department of Transport.

drive in relation to a taxi-cab, includes to be in control of the taxi-cab;

driver in relation to a taxi-cab, means any person who drives the taxi-cab;

* * * * *

driver's photo card means a card issued to the holder of a taxi-cab driver accreditation under regulation 7;

hirer in relation to a taxi-cab, includes a person who is attempting to hire the taxi-cab;

licence means a taxi-cab licence;

licence holder means the holder of a licence;

2

Reg. 3(1) def. of approved arrangements inserted by S.R. No. 149/2007 reg. 12, amended by S.R. No. 74/2011 reg. 12.

Reg. 3(1) def. of driver's certificate revoked by S.R. No. 69/2007 reg. 6(a).

Reg. 3(1) def. of driver's photo card substituted by S.R. No. 69/2007 reg. 6(c).

Reg. 3(1) def. of hirer inserted by S.R. No. 74/2008 reg. 5(1).

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Reg. 3(1) def. of licence amended by S.R. No. 69/2007 reg. 6(b).

licensed taxi tester means a licensed vehicle tester who is licensed under Part 6 of the Road Safety (Vehicles) Regulations 1999 to examine and test taxi-cabs;

licensed vehicle tester means a person who is licensed under Part 6 of the Road Safety (Vehicles) Regulations 1999 to examine and test light vehicles within the meaning of those Regulations;

* * * * *

* * * * *

* * * * *

* * * * *

taxi-cab driver accreditation means driver accreditation accrediting a person to drive a taxi-cab;

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Reg. 3(1) def. of operate revoked by S.R. No. 69/2007 reg. 6(a).

Reg. 3(1) def. of operator revoked by S.R. No. 69/2007 reg. 6(a).

Reg. 3(1) def. of registered medical practitioner revoked by S.R. No. 69/2007 reg. 6(a).

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Reg. 3(1) def. of registered optometrist revoked by S.R. No. 69/2007 reg. 6(a).

Reg. 3(1) def. of taxi-cab driver accreditation inserted by S.R. No. 69/2007 reg. 6(d).

taximeter means a mechanical, electrical or electronic instrument approved by the licensing authority which records and displays information about taxi-cab fares and hiring charges;

taxi zone means a length of highway designated as a taxi zone under the Road Safety Act 1986;

termination in relation to the hiring of a taxi-cab, means the time when the hiring ends for any reason including because—

(a) the agreed destination for the hiring has been reached; or

(b) the hirer has requested the termination before the agreed destination for the hiring has been reached; or

(c) the driver of the taxi-cab has refused in accordance with regulation 36(1) or 41(7) to continue to carry the hirer or a person accompanying the hirer.

(2) In these Regulations, a reference to a condition of a licence includes a reference to a condition attaching to a licence.

(3) For the purposes of these Regulations, a taxi-cab is associated with a depot if it is operated through, or under radio control from, the depot in accordance with the licence under which the taxi-cab is operated.

__________________

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Reg. 3(1) def. of taximeter amended by S.R. No. 69/2007 reg. 6(b).

Reg. 3(1) def. of termination amended by S.R. No. 74/2008 reg. 5(2).

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PART 2—DRIVER ACCREDITATION, PHOTO CARDS, LICENCES AND RECORDS

Division 1—Driver accreditation

4 Prescribed class of person to give medical certificate

For the purposes of section 167(2)(a) of the Act, a prescribed class of person is a registered medical practitioner within the meaning of the Health Professions Registration Act 2005.

5 Test of acuteness of vision

For the purposes of section 167(2)(b) of the Act, the prescribed vision acuteness test is the test set out in Schedule 1.

6 Photo display for taxi-cab drivers

(1) The licensing authority may require the holder of a taxi-cab driver accreditation—

(a) to be photographed or have a digitised image of himself or herself made, at a place and in a manner specified by the licensing authority; and

(b) to give the licensing authority 3 recent colour passport size photographs of the

Pt 2 (Heading) substituted by S.R. No. 69/2007 reg. 7, amended by S.R. No. 149/2007 reg. 14(1).

Pt 2 Div 1 (Heading and regs 4–9) substituted by S.R. No. 69/2007 reg. 8.Reg. 4 substituted by S.R. No. 69/2007 reg. 8.

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Reg. 5 substituted by S.R. No. 69/2007 reg. 8.


Reg. 6(1) amended by S.R. No. 74/2011 reg. 13.

Reg. 6(1)(a) amended by S.R. No. 74/2011 reg. 13.

Reg. 6(1)(b) amended by S.R. No. 74/2011 reg. 13.


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applicant showing his or her head and full face only; and

(c) to give the licensing authority a specimen of the holder's signature in a manner specified by the licensing authority.

(2) The holder of a taxi-cab driver accreditation must comply with a requirement under subregulation (1).

Penalty: 5 penalty units.

7 Licensing authority may issue driver's photo card

The licensing authority may issue a card to the holder of a taxi-cab driver accreditation which includes—

(a) a photograph or digitised image of the holder obtained by the licensing authority under regulation 6 or under section 167(2) of the Act; and

(b) the number of the certificate of accreditation issued under section 169D of the Act; and

(c) the date on which the accreditation expires.

8 Driver's photo to be displayed in taxi-cab

The holder of a taxi-cab driver accreditation, who has been issued with a driver's photo card, must display the photo card in the taxi-cab the holder is driving, in a position approved by the licensing authority for the type of vehicle being driven.


Reg. 6(1)(c) amended by S.R. No. 74/2011 reg. 13.

Reg. 7 (Heading) amended by S.R. No. 74/2011 reg. 14(1).Reg. 7 substituted by S.R. No. 69/2007 reg. 8, amended by S.R. No. 74/2011 reg. 14(2).

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Reg. 7(a) amended by S.R. No. 74/2011 reg. 14(2).

Reg. 8 substituted by S.R. No. 69/2007 reg. 8, amended by S.R. No. 74/2011 reg. 15.


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* * * * *

Division 2—Licences

10 Taxi-cab licences

(1) A licence holder must return the licence to the licensing authority within 7 days if—

(a) the licence becomes illegible, altered or defaced; or

(b) the licence holder changes address from that shown on the licence as the licence holder's address.


(2) A licence holder must return the licence to the licensing authority within 7 days if—

(a) the licensing authority notifies the licence holder in writing that the licence is suspended, cancelled or revoked; or

(ab) the licence is suspended or revoked by force of section 156A of the Act; or

(b) the licence holder changes the seating capacity of the taxi-cab.

Penalty:10 penalty units.

(3) The licensing authority may issue a duplicate licence if it is satisfied that the licence is altered, defaced or illegible or that it has been lost, stolen or destroyed.

Reg. 9 revoked by S.R. No. 69/2007 reg. 8.

r. 10

Reg. 10(2)(ab) inserted by S.R. No. 149/2007 reg. 13.


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Division 3—Records

11 Records

(1) A member of the police force may request an operator of a taxi-cab to—

(a) make available a specified record to the member for inspection by the member; or

(b) give the member, within a period specified by the member, an accurate copy of a specified record.

(2) A period of time specified by a member of the police force under subregulation (1)(b) must be reasonable.

(3) An operator of a taxi-cab must without delay comply with a request under subregulation (1)(a).


(4) An operator of a taxi-cab must comply with a request under subregulation (1)(b).


(5) In this regulation—

specified record means a record of information described in items 1(a) and (g) of Schedule 1 to the Transport (Taxi-cab Industry Accreditation) Regulations 2007 that the operator is required to keep under regulation 7 of those Regulations.

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Pt 2 Div. 3 (Heading) substituted by S.R. No. 149/2007 reg. 14(2).

Reg. 11 substituted by S.R. No. 149/2007 reg. 14(3).

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PART 3—VEHICLES

12 Taxi-cab specifications

(1) The licensing authority may determine and publish in the Government Gazette specifications for all taxi-cabs, or a class of taxi-cabs, with which a taxi-cab, or a taxi-cab of that class, must comply.

(2) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the taxi-cab complies with all specifications under subregulation (1) which are applicable to the taxi-cab.


(3) The licensing authority may exempt a taxi-cab from complying with any specification under subregulation (1) that would otherwise be applicable to the taxi-cab if, in the opinion of the licensing authority, the specification is inappropriate to the nature or construction of the taxi-cab or to the circumstances in which the taxi-cab is licensed to operate.

13 Taxi-cab construction or equipment

(1) The operator or owner or driver of a taxi-cab must not make, or permit to be made, any alteration to the construction or equipment of the taxi-cab without the written approval of the licensing authority.


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(2) If an alteration has been made to the construction or equipment of a taxi-cab—

(a) the operator of the taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated; and

(b) a person must not drive the taxi-cab for the purpose of operating it—

until the licensing authority, or a person authorised by the licensing authority, has inspected the vehicle and found it to be fit and serviceable.


(3) The operator or owner or driver of a taxi-cab must not install any equipment in or on, or fit any equipment to, the taxi-cab without the written approval of the licensing authority.


(4) The operator or owner or driver of a taxi-cab must not permit any equipment to be installed in or on, or fitted to, the taxi-cab without the written approval of the licensing authority.


(5) Subregulations (3) and (4) do not apply to equipment installed in or on, or fitted to, the taxi-cab in compliance with—

(a) any other provision of these Regulations; or

(b) the conditions of the licence applicable to the taxi-cab or the class of taxi-cab to which the taxi-cab belongs.

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Reg. 13(3) inserted by S.R. No. 74/2008 reg. 6.




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13A Use of equipment

(1) The operator or owner or driver of a taxi-cab must not use, or permit to be used, any equipment in the taxi-cab, in connection with the operation of the taxi-cab without the written approval of the licensing authority.


(2) Subregulation (1) does not apply to the use of—

(a) a mobile phone; or

(b) equipment installed in or on, or fitted to, the taxi-cab in compliance with—

(i) regulation 13 or any other provision of these Regulations; or

(ii) the conditions of the licence applicable to the taxi-cab or the class of taxi-cab to which the taxi-cab belongs; or

(c) equipment for the purpose of maintenance, repair or testing of—

(i) the taxi-cab; or

(ii) equipment referred to in paragraph (b); or

(d) equipment, or a type of equipment, approved by the licensing authority for that use.

14 Emergency warning devices

(1) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the taxi-cab is fitted with an emergency warning device approved by the licensing authority which complies with subregulation (2).


Reg. 13A inserted by S.R. No. 74/2008 reg. 7.

r. 13A


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(2) An emergency warning device referred to in subregulation (1) must have an activating switch readily accessible by the driver of the taxi-cab when the driver is seated in his or her normal driving position.

(3) In addition to an emergency warning device fitted in accordance with subregulation (1), the operator of a taxi-cab may fit, or cause to be fitted, to the taxi-cab other emergency warning devices approved by the licensing authority.

(4) The operator must fit, or cause to be fitted, any additional emergency warning device in a manner approved by the licensing authority.


15 Security cameras

(1) The operator of a taxi-cab to which this regulation applies must not operate the taxi-cab, or permit the taxi-cab to be operated, unless a security camera approved by the licensing authority is fitted to the taxi-cab in a manner approved by the licensing authority, and is maintained in good working order.


(2) The driver of a taxi-cab to which this regulation applies must not operate the taxi-cab unless the camera referred to in subregulation (1) is operating.


(3) This regulation applies to a taxi-cab if—

(a) it is required by a condition of the licence under which it is operated to be fitted with a security camera approved by the licensing authority; or

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(b) the licensing authority has, under subregulation (4), given approval to the fitting to the taxi-cab of a security camera approved by the licensing authority.

(4) The operator of a taxi-cab which is not required by a condition of the licence under which it is operated to be fitted with a security camera approved by the licensing authority may apply to the licensing authority for approval to fit such a camera to the taxi-cab.

16 Protective screens

(1) The operator or the owner or the driver of a taxi-cab may fit inside the taxi-cab a protective screen approved by the licensing authority.

(2) The operator, owner or driver of a taxi-cab must fit the protective screen in a manner approved by the licensing authority.


17 Boot lock release devices

(1) The operator of a taxi-cab which has a boot compartment must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the taxi-cab is fitted with a boot lock release device approved by the licensing authority.


(2) The operator of a taxi-cab must ensure that a boot lock release device referred to in subregulation (1)—

(a) can be operated from inside the boot compartment; and

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(b) cannot be made inoperable from outside the boot compartment when the boot is closed; and

(c) is kept in good working order.


(3) The driver of a taxi-cab referred to in subregulation (1) must not operate the taxi-cab if he or she knows the boot lock release device is not fitted or is not able to be operated.


18 Air conditioner

(1) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless a properly working air conditioner is fitted to the taxi-cab.


(2) The driver of a taxi-cab must not operate the taxi-cab if—

(a) an air conditioner is not fitted to the taxi-cab; or

(b) the air conditioner fitted to the taxi-cab is not working properly.


19 Inspection of taxi-cabs

(1) A member of the police force, the licensing authority or a person authorised by the licensing authority may require the operator or the driver of a taxi-cab to produce the taxi-cab for inspection by—

(a) a member of the police force; or

(b) a licensed taxi tester; or

(c) a licensed vehicle tester; or

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(d) a person authorised by the licensing authority to inspect taxi-cabs—

at or within a time specified by the member, licensing authority or person.

(2) In the case of a requirement made on a driver of a taxi-cab who is not the operator of the taxi-cab, the driver must advise the operator as soon as practicable after the requirement is made—

(a) that the requirement has been made and what it is; and

(b) if the driver has not been, or is not, reasonably able to comply with the requirement while he or she has control of the taxi-cab, of that fact.


(3) If an operator of a taxi-cab receives advice in respect of a requirement under both subregulation (2)(a) and (2)(b), the operator must comply with the requirement.


(4) If subregulation (3) does not apply in respect of a requirement, the operator or the driver of the taxi-cab (as the case may be) must comply with the requirement.


20 Notice to rectify defects

(1) If a taxi-cab is unsuitable or unfit for use as a taxi-cab or it does not comply with the Act or these Regulations or any condition of the licence under which it is operated, a member of the police force, the licensing authority or a person authorised by the licensing authority may serve a notice on the operator or the driver of the taxi-cab requiring that

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the matters set out in the notice be rectified within the time specified in the notice.

(2) A notice under subregulation (1) must—

(a) include sufficient details to identify the taxi-cab; and

(b) set out the matters requiring rectification; and

(c) state a time and date after which the taxi-cab must not be operated unless the matters requiring rectification have been rectified; and

(d) require that, after the matters requiring rectification have been rectified, the taxi-cab must be produced for inspection by—

(i) a member of the police force; or

(ii) a licensed taxi tester; or

(iii) a licensed vehicle tester; or

(iv) a person authorised by the licensing authority to inspect taxi-cabs.

(3) If the driver of a taxi-cab on whom a notice under subregulation (1) is served is not the operator of the taxi-cab, the driver must, as soon as is practicable after service of the notice, give, or cause to be sent to, the operator, the notice or a copy of the notice.


(4) The operator of a taxi-cab in respect of which a notice has been served under subregulation (1) must not operate the taxi-cab or permit the taxi-cab to be operated, after the date and time referred to in subregulation (2)(c), until all the matters requiring rectification set out in the notice have been rectified and the taxi-cab has been inspected as required by the notice and authorised in writing

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for operation by a member of the police force, the licensing authority or a person authorised by the licensing authority to inspect taxi-cabs.


21 Evidence of inspection

(1) If an inspection of a taxi-cab is required under regulation 19(1) or by a notice under regulation 20(1), a member of the police force, the licensing authority or a person authorised by the licensing authority may require the operator of the taxi-cab to provide any evidence that the operator receives from the person who inspects the taxi-cab, in the manner and form specified by the member of the police force, the licensing authority or the person authorised by the licensing authority, that the taxi-cab has been inspected and of the result of that inspection.

(2) The operator must comply with a requirement made under subregulation (1).


22 Interference with equipment in or on taxi-cab

A person must not interfere with any equipment in or on a taxi-cab—

(a) so as to prevent the equipment from operating as required by the Act or these Regulations or by or under any other Act or law; or

(b) with the intention of preventing the equipment from so operating.


__________________

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PART 4—LIVERY, LAMPS, SIGNS ETC.

23 Signs, symbols, notices, labels and fittings

(1) The licensing authority may require the operator of a taxi-cab to—

(a) attach to the taxi-cab any sign, symbol, notice or label of a type or design approved by the licensing authority; and

(b) attach any sign, symbol, notice or label referred to in paragraph (a) to the taxi-cab in the manner and location specified by the licensing authority.

(2) The operator of a taxi-cab must comply with a requirement made by the licensing authority under subregulation (1).


(3) The operator and driver of a taxi-cab must ensure that any sign, symbol, notice or label attached to the taxi-cab in compliance with a requirement under subregulation (1) is clearly visible at all times.


(4) The operator or owner or driver of a taxi-cab must not fit or attach, or permit to be fitted or attached, any matter or thing to either the inside or outside of the taxi-cab without the approval of the licensing authority.


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24 Liveryr. 24

Reg. 24(1) amended by S.R. No. 149/2007 reg. 15.

(1) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless—

(a) the name or trade mark or trade name; and

(b) the telephone number—

of the person accredited to provide taxi-cab network services with whom the operator has approved arrangements are displayed on the outside of the taxi-cab, in the manner approved by the licensing authority.


(2) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the taxi-cab is painted in a colour or colours approved by the licensing authority.


25 Sign on roof of taxi-cab

(1) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless a sign approved by the licensing authority, which is capable of being lit, is fitted to the outside forward part of the roof of the taxi-cab.


(2) The operator of a taxi-cab must ensure that the lamp in a sign referred to in subregulation (1) is able to be turned off from inside the taxi-cab.


(3) The driver of a taxi-cab must ensure that the lamp in the sign referred to in subregulation (1) is turned off while—


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(a) the taxi-cab is hired; or

(b) the taxi-cab is on a highway at a time when, by a condition of its licence, it is not permitted to be operated; or

(c) the taxi-cab is on a highway in an area in which, by a condition of its licence or by these Regulations, a hiring must not commence; or

(d) the taxi-cab is being driven to a place to pick up a passenger for a pre-booked hiring; or

(e) the taxi-cab is otherwise not available for hire.


26 Tariff lamps

(1) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless an amber indicator lamp, which has been approved by the licensing authority, is fitted, in a position approved by the licensing authority, to the nearside of the sign required to be fitted to the taxi-cab.


(2) If a taxi-cab is permitted under the conditions of its licence to be operated on more than one tariff calculated by a taximeter, the operator of the taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless, in addition to the indicator lamp referred to in subregulation (1), a second amber indicator lamp, which has been approved by the licensing authority, is fitted, in a position approved by the licensing authority, to the offside of the sign required to be fitted to the taxi-cab under regulation 25(1).

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(3) The operator of a taxi-cab must ensure that—

(a) the nearside lamp referred to in subregulation (1) operates so that it is always lit when the taximeter in the taxi-cab is operating, and at no other time; and

(b) if an offside lamp is required to be fitted in accordance with subregulation (2), this lamp operates so that it is also lit when the taximeter in the taxi-cab is operating at a rate other than Tariff 1 of the hiring rates set out in the conditions of the licence under which the taxi-cab is operated, and at no other time.


(4) The driver of a taxi-cab referred to in subregulation (1) must not operate the taxi-cab unless the indicator lamp is in good working order.


(5) The driver of a taxi-cab referred to in subregulation (2) must not operate the taxi-cab unless both of the indicator lamps are in good working order.


27 Not for Hire signs

(1) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the taxi-cab is equipped with a sign which consists of the words "NOT FOR HIRE" in lettering of a type and dimensions approved by the licensing authority and which is capable of being displayed as required by subregulation (2).


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(2) The driver of a taxi-cab must ensure that when the sign referred to in subregulation (1) is required to be displayed, it is displayed inside the taxi-cab at the top left hand side of the windscreen, but not attached to the windscreen, so that the sign displays to the front of the vehicle.


(3) The driver of a taxi-cab must display the sign referred to in subregulation (1) while—

(a) the taxi-cab is being used solely for the carriage of goods; or

(b) the taxi-cab is on a highway at a time when, by a condition of its licence, it is not permitted to be operated; or

(c) the taxi-cab is on a highway in an area in which, by a condition of its licence or by these Regulations, a hiring must not commence; or

(d) the taxi-cab is being driven to a place to pick up a passenger for a pre-booked hiring; or

(e) the taxi-cab is otherwise not available for hire.


(4) The driver of a taxi-cab must not accept any hiring if the sign referred to in subregulation (1) is being displayed.


__________________

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PART 5—VEHICLE OPERATIONS

Division 1—Passenger numbers

28 Maximum number of passengers

(1) The driver of a taxi-cab must ensure that he or she carries in the taxi-cab no more than the number of passengers specified in the conditions of the licence under which the taxi-cab is operated.

Penalty:for a first offence, 5 penalty units;

for a second or subsequent offence, 10 penalty units.

* * * * *

Division 2—Driver responsibilities

29 Passenger routes

(1) The driver of a taxi-cab must take a passenger who has hired the taxi-cab, or who is attempting to hire the taxi-cab at any time when it is available for hire, to the place where the passenger wants to be taken, unless the driver refuses under regulation 36(1) or 41(7) to carry, or to continue to carry, the passenger.


(2) The driver of a taxi-cab must fulfil any agreement that he or she has made to take, or to cause to be taken, in the taxi-cab any person at any time to or from any place, unless the driver refuses under regulation 36(1) or 41(7) to carry, or to continue to carry, the person.


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Reg. 28(2) revoked by S.R. No. 90/2010 reg. 4.

Reg. 29(1) amended by S.R. No. 74/2008 reg. 8(1).



23

(3) If the hirer of a taxi-cab does not nominate the route which he or she wishes to be taken, the driver of the taxi-cab must take the most direct practicable route from the place where the taxi-cab was hired to the intended destination of the hirer of the taxi-cab.


(4) If the hirer of a taxi-cab nominates a route to the place where the hirer wants to be taken, the driver of the taxi-cab must take that route.


30 Driver to remain with taxi-cab

(1) If a taxi-cab is in a taxi zone (other than a taxi zone designated as a meal stand) the driver of the taxi-cab must stay with the taxi-cab at all times unless the driver is helping passengers to enter or leave the taxi-cab.


(2) If a taxi-cab is on a highway other than in a taxi zone referred to in subregulation (1), the driver of the taxi-cab must stay with the taxi-cab at all times unless—

(a) the driver is attempting to locate a passenger for a pre-booked hiring; or

(b) the driver is helping a passenger to enter or leave the taxi-cab; or

(c) the driver is picking up or delivering goods; or

(d) the driver has a reasonable cause not to be with the taxi-cab.


r. 30


24

31 Driver's appearance

(1) While operating a taxi-cab, the driver of the taxi-cab must wear—

(a) if a uniform design has been approved under regulation 32 for the person accredited to provide taxi-cab network services with whom the operator of the taxi-cab has approved arrangements, a uniform which conforms to that design; or

(b) if paragraph (a) does not apply, a uniform approved by the licensing authority.


(2) While operating a taxi-cab, the driver of the taxi-cab must ensure that his or her appearance is neat and clean.


32 Uniforms

(1) The licensing authority may, by written notice, require a relevant accredited person to, within a time specified in the notice—

(a) determine a uniform design (that identifies the relevant accredited person) to be worn by the drivers of taxi-cabs the operators of which have approved arrangements with the relevant accredited person; and

(b) apply to the licensing authority for approval of the uniform design.

(2) A relevant accredited person to whom a notice is given under subregulation (1) must comply with the notice.


r. 31

Reg. 31(1)(a) amended by S.R. No. 149/2007 reg. 16.



25

(3) A relevant accredited person may, at any time—

(a) determine a uniform design (that identifies the relevant accredited person) to be worn by the drivers of taxi-cabs the operators of which have approved arrangements with the relevant accredited person; and

(b) apply to the licensing authority for approval of the uniform design.

(4) The licensing authority may approve a uniform design determined by a person under subregulation (1) or (3).


relevant accredited person means a person who is accredited under Division 4 of Part VI of the Act to provide brand identification for taxi-cabs.

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 other than the guide-dog of a person with a sight or hearing impairment.


(2) The driver of a taxi-cab must accept the guide-dog of a passenger with a sight or hearing impairment for carriage in the taxi-cab with that passenger.


34 Passenger amenities

(1) The driver of a taxi-cab must comply with a request by a passenger—

(a) to turn the air conditioning or heating in the taxi-cab on or off; or

r. 33


26

(b) to change the level at which the air conditioning or heating is operating—

unless complying with the request would cause unreasonable discomfort to the driver.


(2) The driver of a taxi-cab must comply with a reasonable request by a passenger to—

(a) turn the music system or radio in the taxi-cab off; or

(b) operate the music system or radio at a lower level.


35 Picking up and setting down passengers

(1) The driver of a taxi-cab, if picking up or setting down passengers on a highway, must stop the taxi-cab for that purpose as close as is practicable and permitted by law to where the passengers wish to be picked up or set down.


(2) The driver of a taxi-cab who is at or near a place where there is a large number of other motor vehicles must not—

(a) interfere with the orderly taking up or setting down of passengers; or

(b) interfere with the orderly distribution of taxi-cabs or other vehicles.


r. 35


27

36 Passenger behaviour

(1) The driver of a taxi-cab may refuse to carry, or to continue to carry, a person in the taxi-cab if, in the opinion of the driver—

(a) the person is violent, noisy, misbehaving, filthy or offensive; or

(b) the person is in possession of an item which is not able to be safely and securely accommodated within the taxi-cab.

(2) Despite subregulation (1)(a), the driver of a taxi-cab must not refuse to carry a person referred to in that paragraph if the person is going to, or is being taken to, a hospital.


37 Passenger assistance

(1) The driver of a taxi-cab must give reasonable help to passengers to get them and their luggage or other items into and out of the taxi-cab.


(2) The driver of a taxi-cab must take reasonable care of luggage or other items while they are being put into, or carried in, or taken out of, the taxi-cab.


38 Taxi zones

(1) If the purpose of a taxi zone or any other area set aside for the storage or holding of taxi-cabs is designated by signs or markings, the driver of a taxi-cab must only use the zone or area for that purpose.


r. 36


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(2) The driver of a taxi-cab must not attempt to use, or to gain access to, a taxi zone that is fully occupied.


(3) The driver of a taxi-cab who is using or attempting to use a taxi zone or another area set aside for the storage or holding of taxi-cabs must do so in the order in which the driver arrived at the zone or storage or holding area in relation to other taxi-cabs using or attempting to use the zone or the storage or holding area.


(4) The driver of a taxi-cab which is in a taxi zone or storage or holding area must move the taxi-cab forward to occupy the position immediately in front when that position becomes empty.


(5) Unless subregulation (7) applies, the driver of a taxi-cab which is first in line at a taxi zone is entitled to have that taxi-cab hired before any other taxi-cab in the taxi zone.

(6) A passenger may choose any taxi-cab in a taxi zone without having to choose the first taxi-cab in line.

(7) If a passenger chooses a taxi-cab in a taxi zone other than the first taxi-cab in line, the driver of the taxi-cab chosen by the passenger must accept the hiring.


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Division 3—Fares, charges and taximeters

39 Fares and additional charges

(1) The driver of a taxi-cab must not make a charge for the hiring of a taxi-cab for that part of a journey which is delayed to allow the taxi-cab to be refuelled or repaired.


(2) Unless these Regulations allow, the driver of a taxi-cab must not charge or ask for payment of a fare or additional charges which are more than the amounts allowed in any condition of the licence under which the taxi-cab is operated.


(3) Subject to subregulation (4), the operator or the driver of a taxi-cab may agree with the hirer of the taxi-cab to charge a fee in addition to the fare and additional charges permitted by any condition of the licence under which the taxi-cab is operated if payment of the fare and additional charges are to be made at a time other than immediately after the termination of the hiring.

(4) If an agreement under subregulation (3) is made after the start of the hiring, the fee may only be charged if a suitable notice is displayed—

(a) advising that the fee will be charged in the relevant circumstances; and

(b) specifying either the amount of the fee or how the fee is to be calculated.

(5) For the purposes of subregulation (4)—

suitable notice means a notice—

(a) approved by the licensing authority; and

r. 39


Reg. 39(4) inserted by S.R. No. 74/2008 reg. 9(2).

Reg. 39(5) inserted by S.R. No. 74/2008 reg. 9(2).


30

(b) displayed in the taxi-cab so as to be clearly visible at all times.

40 Multiple hirings

The driver of a taxi-cab which has already been hired must not allow any person other than the hirer of the taxi-cab and any person accompanying the hirer to hire or to be in the taxi-cab unless—

(a) the hirer consents to another person also hiring the taxi-cab; and

(b) the destination of the first hirer and the second or subsequent hirers are in the same general direction.


41 Capacity to pay

(1) Before a hiring (other than a prepayment hiring) starts or at any time during the hiring, the driver of a taxi-cab may give the hirer an estimate of the fare for the hiring.

(2) Before a prepayment hiring starts, the driver of a taxi-cab must give the hirer an estimate of the fare for the hiring.

(3) If the driver of a taxi-cab has given the hirer of the taxi-cab an estimate of the fare in accordance with subregulation (1) or (2), the driver may, before the hiring starts or at any time during the hiring, ask the hirer to demonstrate that the hirer is able to pay the amount of the estimate.

(4) If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (1), the driver may, before the hiring starts or at any time during the hiring, require the hirer to pay a deposit of up to the amount of the estimate.

r. 40



31

(5) If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (2), the hirer must, before the hiring starts, pay to the driver a deposit equal to the amount of the estimate unless the driver waives payment of the deposit under subregulation (6).

(6) The driver of a taxi-cab may waive payment of a deposit under subregulation (5) if the driver is reasonably satisfied that the hirer is able to pay the amount of the estimate of the fare.

(7) The driver of a taxi-cab may refuse to carry, or to continue to carry, (as the case requires) a hirer and any person accompanying the hirer if the hirer—

(a) does not demonstrate to the driver's reasonable satisfaction that the hirer is able to pay the amount of the estimate of the fare for the hiring; or

(b) does not pay a deposit required under subregulation (4) or (5).

(8) The driver of a taxi-cab must give the hirer a receipt for the deposit if asked to do so by a hirer who has paid a deposit required under subregulation (4) or (5).


(9) If a hirer has paid a deposit in accordance with subregulation (4) or (5), on the termination of hiring the driver of the taxi-cab must—

(a) if the amount of deposit is less than the fare and additional charges for the hiring, deduct that amount from the amount to be paid by the hirer; or

r. 41


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(b) if the amount of the deposit exceeds the fare and additional charges for the hiring, repay to the hirer the amount in excess of the fare and additional charges.

Penalty:10 penalty units


deposit means an amount paid as security against the payment in full of the fare and any additional charges for a hiring in accordance with regulation 43;

prepayment hiring means a hiring starting between the hours of 10.00 p.m. and 5.00 a.m.

42 Request for driver to return or wait

(1) The driver of a taxi-cab who is requested by a passenger to discharge the passenger and to return to the passenger at a later time must not make any charge for the time between the discharge and the time at which the driver was requested to return.


(2) The driver of a taxi-cab who is requested to return under subregulation (1) may charge a detention rate set out in the conditions of the licence under which the taxi-cab is operated from the time at which the driver was requested to return.

(3) The driver of a taxi-cab who is requested to return under subregulation (1) may refuse the request.

(4) The driver of a taxi-cab must not refuse the request of a passenger who has left the taxi-cab with the stated intention to return, to wait the return of the passenger unless—

(a) the driver has earlier contracted another hiring; or

r. 42


33

(b) the driver would be in breach of an Act, a Regulation or a local law if he or she were to wait.


43 Payment of fares and additional charges

(1) The driver of a taxi-cab, if asked by the hirer of the taxi-cab, must, on the termination of the hiring, tell the hirer how the fare and any additional charges were calculated and the amount of the fare and any such additional charges.


(2) If the hirer of a taxi-cab offers or elects to pay the fare and any additional charges for a hiring of the taxi-cab by a valid credit or debit card of a type displayed by notice in the taxi-cab as accepted for payment, the driver of the taxi-cab must accept payment by that method.


(3) The driver of a taxi-cab must use electronic payment facilities to process a payment referred to in subregulation (2) if those facilities are installed in the taxi-cab and are not disabled by any failure or malfunction, and if the card tendered is suitable for that use.


(4) Despite subregulation (3), the driver of a taxi-cab may use non-electronic payment facilities to process a payment referred to in subregulation (2) if—

(a) the driver advises the hirer of the hirer's right to have the payment processed by the electronic payment facilities; and

r. 43


34

(b) the hirer expressly agrees to the payment being processed by the non-electronic payment facilities.

(5) The hirer of a taxi-cab must pay in full the fare and any additional charges for the hiring at the termination of the hiring unless the operator or the driver of the taxi-cab agrees that payment may be made at a later time.


(6) Upon payment by the hirer of the fare and any additional charges, the driver of the taxi-cab must—

(a) offer to give the hirer a receipt for the payment of the fare and any additional charges; and

(b) unless the hirer declines the offer, give the hirer the receipt produced in accordance with subregulation (6A).


(6A) For the purposes of subregulation (6)(b), the driver of a taxi-cab must use electronic facilities to produce the receipt if those facilities are installed, or otherwise capable of being used, in the taxi-cab and are not disabled by any failure or malfunction.

(7) The driver of a taxi-cab must ensure that the receipt is legible and contains the following—

(a) unless the receipt has been produced using electronic facilities, the driver's signature;

(b) the number of the taxi-cab;

(c) the number of the driver's certificate of the driver;

r. 43

Reg. 43(6) substituted by S.R. No. 74/2008 reg. 11(1).

Reg. 43(6A) inserted by S.R. No. 74/2008 reg. 11(1).

Reg. 43(7)(a) substituted by S.R. No. 74/2008 reg. 11(2).


35

(ca) the driver's Australian Business Number (ABN) (if any);

(d) all the items which make up the fare and any additional rates and charges;

(e) the total amount paid;

(f) the date of the payment.


44 Taximetersr. 44


(1) The operator of a taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated unless a taximeter, of a type approved by the licensing authority, is fitted to the taxi-cab and the taximeter complies with subregulation (3).


(2) The driver of a taxi-cab must not operate the taxi-cab unless the taximeter fitted to the taxi-cab complies with all of the requirements set out in subregulation (3).


(3) A taximeter in a taxi-cab must—

(aa) have been tested and sealed by a person authorised to do so by the licensing authority; and

(a) be programmed to record and display only the fares and additional charges allowed in any condition of the licence under which the taxi-cab is operated; and

Reg. 43(7)(ca) inserted by S.R. No. 74/2008 reg. 11(3).

Reg. 44(3)(aa) inserted by S.R. No. 74/2008 reg. 12(2).


36

(b) be operational as required by these Regulations; and

(c) have all of its seals intact; and

(d) be located in a position which has been approved by the licensing authority; and

(e) be able to be clearly read from each forward facing seating position in the taxi-cab.

(4) Subject to subregulation (5), the operator of a taxi-cab must ensure that, at any given time, the taximeter being operated in the taxi-cab is the one which was last tested in the taxi-cab by a person authorised by the licensing authority.


(5) If the taximeter in a taxi-cab stops operating correctly, the operator of the taxi-cab may substitute another taximeter if the substituted taximeter is of a type approved by the licensing authority and is tested by a person authorised by the licensing authority.

(6) If—

(a) a component of a taxi-cab, or any equipment in or on the taxi-cab, which may affect the correct operation of the taximeter in that taxi-cab is altered; or

(b) such a component or any such equipment is replaced—

the operator of the taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, until the taximeter has been recalibrated and tested and sealed by a person authorised by the licensing authority.



r. 44


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(7) A person authorised by the licensing authority may, by giving written notice to the operator or the driver of a taxi-cab, require the operator or driver to take the taxi-cab to a person authorised by the licensing authority, at or within a time specified in the notice, to have the taximeter inspected and tested.

(8) The operator or driver of a taxi-cab must comply with a requirement made under subregulation (7).


(9) If a taximeter is found to be not working correctly as required by these Regulations or if a seal on the taximeter has been broken—

(a) the operator of the taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated; and

(b) the driver of the taxi-cab must not operate the taxi-cab—

until the taximeter has been repaired (if necessary), and has been inspected, tested and sealed by a person authorised by the licensing authority.


45 Operation of taximeters

(1) The driver of a taxi-cab must not operate the taximeter fitted to the taxi-cab if the taxi-cab is not hired.


(2) Unless subregulation (3) or (4) applies, the driver of a taxi-cab must start the taximeter as soon as the taxi-cab is hired.

r. 45


38


(3) If the driver of a taxi-cab is entitled to an additional payment to compensate for extended loading time, the driver must start the taximeter immediately after—

(a) the driver has accepted the hirer's request to be taken to a destination; and

(b) the hirer and any passengers accompanying the hirer, and their luggage or other items, are safely secured in the taxi-cab; and

(c) the taxi-cab is ready to move off.


(4) In the case of a pre-booked hiring, a driver of a taxi-cab referred to in subregulation (3) may start the taximeter earlier than the time referred to in that subregulation if—

(a) the driver has made contact with the hirer; and

(b) the time agreed for the hiring has arrived or has passed; and

(c) the hirer is not ready to board the taxi-cab, but has requested the driver to wait.

(5) If the conditions of a licence require or permit a different tariff to start during a hiring, the driver of the taxi-cab must—

(a) if the taximeter requires adjustment to the new tariff, make that adjustment when the new tariff is to start; and

(b) in any case, immediately after the new tariff has started, tell the hirer of that fact.


r. 45


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(6) The driver of a taxi-cab must ensure that the taximeter is stopped and put into the neutral position—

(a) in a case to which subregulation (2) applies, as soon as the hiring has finished; or

(b) in a case to which subregulation (3) or (4) applies, immediately after the taxi-cab is brought to a halt for the purpose of allowing the hirer, or if regulation 40 applies, the last hirer, to alight from the taxi-cab at the termination of the hiring.


Division 4—General

46 Smoking prohibited in taxi-cabs

A person must not smoke tobacco or any other substance in a taxi-cab.


46A No drinking liquor or possessing open liquor containers

(1) A passenger in a taxi-cab must not drink from a container that contains, or purports to contain, liquor.


(2) A passenger in a taxi-cab must not possess an open container that contains, or purports to contain, liquor.



liquor has the same meaning as in section 3 of the Liquor Control Reform Act 1998.

r. 46

Reg. 46A inserted by S.R. No. 74/2008 reg. 13.


40

47 Property found in taxi-cabs

(1) A person who finds lost or abandoned property in a taxi-cab must give the property to the driver of the taxi-cab.

Penalty: 1 penalty unit.

(2) The driver of a taxi-cab who is given property under subregulation (1), or who finds property in the taxi-cab, must, if the property is not claimed, promptly deliver the property to the Victoria Police.


__________________

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PART 6—TRANSITIONAL PROVISIONS—TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (TAXI-CABS)

AMENDMENT REGULATIONS 2011

New reg. 48 inserted by S.R. No. 74/2011 reg. 16.r. 48

48 Definition

In this part—

commencement day means 1 August 2011.

49 Regulatory instruments

(1) On the commencement day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given or issued by the Secretary.Note

Before the commencement day, the licensing authority was defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Director of Public Transport.

(2) On and after the commencement day, every reference to the Director in a regulatory instrument must be construed as a reference to the Secretary unless the context otherwise requires.


regulatory instrument means—

(a) a driver's photo card;

Pt 6 (Heading and reg. 48) revoked by S.R. No. 74/2008 reg. 14, new Pt 6 (Heading and regs 48–51) inserted by S.R. No. 74/2011 reg. 16.

Reg. 49 inserted by S.R. No. 74/2011 reg. 16.


42

(b) an approval of a position for display of a driver's photo card given under regulation 8;

(c) a notification that a licence is suspended, cancelled or revoked given under regulation 10(2)(a);

(d) specifications determined and published under regulation 12(1);

(e) an authorisation of a person to inspect vehicles and make findings as to fitness and serviceability given under regulation 13(2);

(f) an approval to use equipment given under regulation 13A(1);

(g) an approval of an emergency warning device given under regulation 14(1);

(h) an approval of a security camera given under regulation 15(1);

(i) an approval of a manner of fitting a security camera to a taxi-cab given under regulation 15(1);

(j) an approval of a protective screen given under regulation 16(1);

(k) an approval of the manner of fitting a protective screen given under regulation 16(2);

(l) an approval of a boot lock release device given under regulation 17(1);

(m) an authorisation of a person to require that a taxi-cab be produced for inspection given under regulation 19(1);

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(n) an authorisation of a person to inspect taxi-cabs given under regulation 19(1)(d);

(o) an authorisation of a person, given under regulation 20(1), to serve a notice under that subregulation;

(p) an authorisation of a person, given under regulation 21(1), to require the provision of evidence under that subregulation;

(q) an approval of a type or design given under regulation 23(1);

(r) a specification of manner and location made under regulation 23(1);

(s) an approval of a manner of display given under regulation 24(1);

(t) an approval of a colour or colours given under regulation 24(2);

(u) an approval of a sign given under regulation 25(1);

(v) an approval of an indicator lamp and the position of fitting the lamp given under regulation 26;

(w) an approval of a type and dimensions of lettering given under regulation 27(1);

(x) an approval of a uniform design given under regulation 32(4);

(y) an approval of a notice given under regulation 39(5);

(z) an approval of a type of taximeter given under regulation 44(1);

r. 49


44

(za) an authorisation of a person to test and seal a taximeter given under regulation 44(3);

(zb) an approval of a position for locating a taximeter given under regulation 44(3);

(zc) an authorisation of a person to test a substitute taximeter given under regulation 44(5);

(zd) an authorisation of a person to recalibrate, test and seal a taximeter given under regulation 44(6);

(ze) an authorisation of a person, given under regulation 44(7), to give notice requiring that a taximeter be inspected and tested;

(zf) an authorisation of a person to inspect and test a taximeter given under regulation 44(7);

(zg) an authorisation of a person to inspect, test and seal a taximeter given under regulation 44(9).

50 Approval to fit a security camera to a taxi-cab

(1) This regulation applies if, before the commencement day, the operator of a taxi-cab has applied to the licensing authority under regulation 15(4) for approval to fit a security camera to the taxi-cab and the Director has not made a decision whether to approve the fitting of a camera before that day.

(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the


r. 50


45

Director for the purpose of making that decision is taken to have been done by the Secretary.

51 Approval of uniform design

(1) This regulation applies if, before the commencement day—

(a) the Director has given a notice to a relevant accredited person under regulation 32(1) to determine a uniform design and apply to the licensing authority for approval of the uniform design; or

(b) a relevant accredited person has applied to the licensing authority under regulation 32(2) for approval of a uniform design—

and the Director has not made a decision whether to approve the uniform design before that day.

(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

__________________


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PART 7—TRANSITIONAL PROVISIONS—TRANSPORT (TAXI-CABS) AND (TAXI-CAB LICENCES—MARKET AND

TRADING) AMENDMENT REGULATIONS 2014

52 Definition

In this Part—

applicable day means the day on which this Part is taken to have effect under regulation 53.

53 When this Part takes effect

This Part is taken to have effect on 1 July 2013.

54 Regulatory instruments

(1) On the applicable day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given or issued by the Taxi Services Commission.Note

Before the applicable day, the licensing authority was defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Secretary to the Department of Transport, Planning and Local Infrastructure.

(2) On and after the applicable day, every reference to the Secretary in a regulatory instrument must be construed as a reference to the Taxi Services Commission unless the context otherwise requires.


regulatory instrument means—

(a) a driver's photo card;

(b) an approval of a position for display of a driver's photo card given under regulation 8;

Pt 7 (Heading and regs 52–56) inserted by S.R. No. 65/2014 reg. 7.


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(c) a notification that a licence is suspended, cancelled or revoked given under regulation 10(2)(a);

(d) specifications determined and published under regulation 12(1);

(e) an authorisation of a person to inspect vehicles and make findings as to fitness and serviceability given under regulation 13(2);

(f) an approval to use equipment given under regulation 13A(1);

(g) an approval of an emergency warning device given under regulation 14(1);

(h) an approval of a security camera given under regulation 15(1);

(i) an approval of the manner by which a security camera is fitted to a taxi-cab given under regulation 15(1);

(j) an approval of a protective screen given under regulation 16(1);

(k) an approval of the manner by which a protective screen is fitted given under regulation 16(2);

(l) an approval of a boot lock release device given under regulation 17(1);

(m) an authorisation of a person to require that a taxi-cab be produced for inspection given under regulation 19(1);

(n) an authorisation of a person to inspect taxi-cabs given under regulation 19(1)(d);

(o) an authorisation of a person, given under regulation 20(1), to serve a notice

r. 54


48

under that subregulation;

(p) an authorisation of a person, given under regulation 21(1), to require the provision of evidence under that subregulation;

(q) an approval of a type or design given under regulation 23(1)(a);

(r) a specification of manner and location made under regulation 23(1)(b);

(s) an approval of a manner of display given under regulation 24(1);

(t) an approval of a colour or colours given under regulation 24(2);

(u) an approval of a sign given under regulation 25(1);

(v) an approval of an indicator lamp and the position of fitting the lamp given under regulation 26;

(w) an approval of a type and dimensions of lettering given under regulation 27(1);

(x) an approval of a uniform design given under regulation 32(4);

(y) an approval of a notice given under regulation 39(5);

(z) an approval of a type of taximeter given under regulation 44(1);

(za) an authorisation of a person to test and seal a taximeter given under regulation 44(3)(aa);

(zb) an approval of a position for locating a taximeter given under regulation 44(3)(d);

r. 54


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(zc) an authorisation of a person to test a substitute taximeter given under regulation 44(5);

(zd) an authorisation of a person to recalibrate, test and seal a taximeter given under regulation 44(6);

(ze) an authorisation of a person, given under regulation 44(7), to give notice requiring that a taximeter be inspected and tested;

(zf) an authorisation of a person to inspect and test a taximeter given under regulation 44(7);

(zg) an authorisation of a person to inspect, test and seal a taximeter given under regulation 44(9).

Reg. 55 inserted by S.R. No. 65/2014 reg. 7.r. 55

55 Approval to fit a security camera to a taxi-cab

(1) This regulation applies if, before the applicable day, the operator of a taxi-cab had applied to the licensing authority under regulation 15(4) for approval to fit a security camera to the taxi-cab and the Secretary had not made a decision whether to approve the fitting of a camera before that day.

(2) On and after the applicable day, the Taxi Services Commission may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the Taxi Services Commission.

56 Approval of uniform design

(1) This regulation applies if, before the applicable day—


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(a) the Secretary had given a notice to a relevant accredited person under regulation 32(1) to determine a uniform design and apply to the licensing authority for approval of the uniform design; or

(b) a relevant accredited person had applied to the licensing authority under regulation 32(2) for approval of a uniform design—

and the Secretary had not made a decision whether to approve the uniform design before that day.

(2) On and after the applicable day, the Taxi Services Commission may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the Taxi Services Commission.

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SCHEDULES

SCHEDULE 1Regulation 5

TEST OF ACUTENESS OF VISION

1 The acuteness of vision of an applicant must be tested by means of a printed chart which has on each face 7 horizontal lines of black letters printed on a white background and reducing downwards in the following fractions—

Line 1—6/60;

Line 2—6/36;

Line 3—6/24;

Line 4—6/18;

Line 5—6/12;

Line 6—6/9;

Line 7—6/6.

2 The chart may be of either the 3 metre or the 6 metre type and must be placed in an upright position at a distance of 6 metres in the case of a 6 metre chart, or 3 metres in the case of a 3 metre chart, from the applicant and in a light of not less than 100 watts strength.

3 An applicant must be shown one face of the chart and must be required—

(a) to cover the left eye with the palm of the hand and read with the right eye as far down the lines of the chart as the applicant is capable; and

(b) to cover the right eye with the palm of the hand and read with the left eye as far down the lines of the chart as the applicant is capable.

Sch. 1 amended by S.R. No. 69/2007 reg. 9.

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4 In order to pass the test for acuteness of vision the applicant must—

(a) correctly read line 5 with his or her right eye; and

(b) correctly read line 5 with his or her left eye.

5 The test for acuteness of vision is a test conducted by—

(a) a person who is registered as an optometrist under the Health Professions Registration Act 2005; or

(b) a registered medical practitioner within the meaning of the Health Professions Registration Act 2005.

6 The person who conducts the test may issue a certificate to the applicant which—

(a) contains the results of the test; and

(b) states whether or not the applicant has passed the test. ═══════════════

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ENDNOTES

1. General InformationThe Transport (Taxi-Cabs) Regulations 2005, S.R. No. 67/2005 were made on 28 June 2005 by the Governor in Council under sections 162 and 256 of the Transport Act 1983, No. 9921/1983 and came into operation on 28 June 2005.

The Transport (Taxi-Cabs) Regulations 2005 will sunset 10 years after the day of making on 28 June 2015 (see section 5 of the Subordinate Legislation Act 1994).

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2. Table of AmendmentsThis Version incorporates amendments made to the Transport (Taxi-Cabs) Regulations 2005 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Transport (Taxi-Cabs) (Amendment) Regulations 2007, S.R. No. 69/2007Date of Making: 26.6.07Date of Commencement: 1.7.07: reg. 3

Transport (Taxi-cab Industry Accreditation) Regulations 2007, S.R. No. 149/2007(as amended by S.R. No. 74/2008)

Date of Making: 18.12.07Date of Commencement: Regs 13, 14 on 31.12.07: reg. 3(1); regs 12, 15–17

on 31.3.09: reg. 3(2)

Transport (Taxi-Cabs) (Amendment) Regulations 2008, S.R. No. 74/2008Date of Making: 24.6.08Date of Commencement: Regs 5–7, 9, 11–14 on 29.6.08: reg. 3(1); regs 8, 10

on 1.10.08: reg. 3(2)

Transport (Passenger Vehicles) and Transport (Taxi-Cabs) Amendment (Passenger Numbers) Regulations 2010, S.R. No. 90/2010

Date of Making: 7.9.10Date of Commencement: 7.9.10

Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011, S.R. No. 74/2011

Date of Making: 26.7.11Date of Commencement: 1.8.11: reg. 3

Transport (Taxi-Cabs) Amendment Regulations 2011, S.R. No. 106/2011Date of Making: 27.9.11Date of Commencement: Regs 9, 10 on 27.9.11

Transport (Taxi-Cabs) and (Taxi-Cab Licences - Market and Trading) Amendment Regulations 2014, S.R. No. 65/2014

Date of Making: 17.6.14Date of Commencement: 17.6.14

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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3. Explanatory DetailsNo entries at date of publication.

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Documents

Transport (Taxi-Cabs) Regulations 2005FILE/05-67sr015.docx · Web viewPart 7—Transitional Provisions—Transport (Taxi-Cabs) and (Taxi-Cab licences—Market and Trading) Amendment