Transport (Taxi-Cabs) Regulations 2005FILE/05-67sr.017.docx · Web viewPart 7—Transitional Provisions—Transport (Taxi-Cabs) and (Taxi-Cab licences—Market and Trading) Amendment

Version No. 017

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

Version incorporating amendments as at1 July 2014

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY MATTERS 1

1 Objectives 12 Authorising provisions 13 Definitions 2

PART 2—DRIVER ACCREDITATION, PHOTO CARDS, LICENCES AND RECORDS 6

Division 1—Driver accreditation 6

4 Prescribed class of person to give medical certificate 65 Test of acuteness of vision 66 Photo display for taxi-cab drivers 67 Licensing authority may issue driver's photo card 78 Driver's photo to be displayed in taxi-cab 8

Division 2—Licences 8

10 Taxi-cab licences 8

Division 3—Records 9

11 Records 9

PART 3—VEHICLES 11

12 Taxi-cab specifications 1113 Taxi-cab construction or equipment 1113A Use of equipment 1314 Emergency warning devices 1315 Security cameras 1416 Protective screens 1517 Boot lock release devices 1518 Air conditioner 1619 Inspection of taxi-cabs 1620 Notice to rectify defects 17

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21 Evidence of inspection 1922 Interference with equipment in or on taxi-cab 19

PART 4—LIVERY, LAMPS, SIGNS ETC. 20

23 Signs, symbols, notices, labels and fittings 2023A Information about maximum fares or hiring rates 2024 Livery 2125 Sign on roof of taxi-cab 2226 Tariff lamps 2327 Not for Hire signs 24

PART 5—VEHICLE OPERATIONS 26

Division 1—Passenger numbers 26

28 Maximum number of passengers 26

Division 2—Driver responsibilities 26

29 Passenger routes 2629A Destination signs 2730 Driver to remain with taxi-cab 2731 Driver's appearance 2833 Animals 2934 Passenger amenities 2935 Picking up and setting down passengers 3036 Passenger behaviour 3137 Passenger assistance 3138 Taxi zones 31

Division 3—Fares, charges and taximeters 33

39 Fares and additional charges 3340 Multiple hirings 3441 Capacity to pay 3442 Request for driver to return or wait 3643 Payment of fares and additional charges 3744 Taximeters 3945 Operation of taximeters 4145A Prescribed information—notices of maximum fares or hiring

rates 44

Division 4—General 45

46 Smoking prohibited in taxi-cabs 4546A No drinking liquor or possessing open liquor containers 4547 Property found in taxi-cabs 4547A Identity cards for taxi compliance officers 46

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PART 5A—TAXI NON-CASH PAYMENT SURCHARGES 47

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

PART 6—TRANSITIONAL PROVISIONS—TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (TAXI-CABS) AMENDMENT REGULATIONS 2011 50

48 Definition 5049 Regulatory instruments 5050 Approval to fit a security camera to a taxi-cab 5351 Approval of uniform design 54

PART 7—TRANSITIONAL PROVISIONS—TRANSPORT (TAXI-CABS) AND (TAXI-CAB LICENCES—MARKET AND TRADING) AMENDMENT REGULATIONS 2014 55

52 Definition 5553 When this Part takes effect 5554 Regulatory instruments 5555 Approval to fit a security camera to a taxi-cab 5856 Approval of uniform design 59

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SCHEDULES 60

SCHEDULE 1—Test of Acuteness of Vision 60

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ENDNOTES 62

1. General Information 62

2. Table of Amendments 63

3. Explanatory Details 64

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Version No. 017


Version incorporating amendments as at1 July 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, 228RZI, 256, 318 and 350 of the Transport (Compliance and Miscellaneous) Act 1983.

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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, 63/2014 reg. 5.

3 Definitions

(1) In these Regulations—

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

* * * * *

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;

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r. 3

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

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, revoked by S.R. No. 63/2014 reg. 6(1)(a).

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).

licence means a taxi-cab licence;

licence holder means the holder of a licence;

licensed taxi tester means a licensed vehicle tester who is licensed under Chapter 6 of the Road Safety (Vehicles) Regulations 2009 to examine and test taxi-cabs;

licensed vehicle tester means a person who is licensed under Chapter 6 of the Road Safety (Vehicles) Regulations 2009 to examine and test light vehicles within the meaning of those Regulations;

* * * * *

* * * * *

* * * * *

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r. 3

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

Reg. 3(1) def. of licensed taxi tester amended by S.R. No. 63/2014 reg. 6(1)(b).

Reg. 3(1) def. of licensed vehicle tester amended by S.R. No. 63/2014 reg. 6(1)(c).

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).

* * * * *

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

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 Road Rules 2009;

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

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r. 3

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

Reg. 3(1) def. of taxi zone amended by S.R. No. 63/2014 reg. 6(1)(d).

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

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.

* * * * *

__________________

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Reg. 3(3) revoked by S.R. No. 63/2014 reg. 6(2).

r. 3

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 Practitioner Regulation National Law.

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

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, amended by S.R. No. 63/2014 reg. 7.

r. 4

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.

Part 2—Driver Accreditation, Photo Cards, Licences and Records


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

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

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.

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

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

Note to reg. 6(2) inserted by S.R. No. 63/2014 reg. 8.

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).

r. 7

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



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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.

Penalty: 5 penalty units.

* * * * *

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

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

r. 8

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

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



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(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.

Division 3—Records

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

11 Records

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

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

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

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

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

Reg. 11(1) amended by S.R. No. 63/2014 reg. 9(1).

Reg. 11(1)(a) amended by S.R. No. 63/2014 reg. 9(2).

Reg. 11(1)(b) amended by S.R. No. 63/2014 reg. 9(2).




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(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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r. 11Part 2—Driver Accreditation, Photo Cards, Licences and Records


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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.

r. 13

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. 13APart 2—Driver Accreditation, Photo Cards, Licences and Records


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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 (other than a notice referred to in regulation 23A(2)) to either the inside or outside of the taxi-cab without the approval of the licensing authority.


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

r. 23

Reg. 23(4) amended by S.R. No. 63/2014 reg. 10.




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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.


24 Liveryr. 24

Reg. 24(1) amended by S.R. No. 149/2007 reg. 15, substituted by S.R. No. 63/2014 reg. 12.

(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—

(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.


(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.



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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—

(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.




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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).


(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



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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).


(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



24

(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.


__________________



25

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 29A, 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 29A, 36(1) or 41(7) to carry, or to continue to carry, the person.


r. 28

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

Reg. 29(1) amended by S.R. Nos 74/2008 reg. 8(1), 63/2014 reg. 13.

Reg. 29(2) amended by S.R. Nos 74/2008 reg. 8(2), 63/2014 reg. 13.



26

(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.


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.

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.





27

(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.

Penalty: 5 penalty units.Reg. 31 amended by S.R. No. 149/2007 reg. 16, substituted by S.R. No. 63/2014 reg. 15.r. 31

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.


(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.

* * * * *

Reg. 32 substituted by S.R. No. 149/2007 reg. 17, revoked by S.R. No. 63/2014 reg. 16.



28

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

(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.



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.

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




29

(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.




30

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.




31

(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.


* * * * *

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.

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.

r. 38

Reg. 38(5)–(7) revoked by S.R. No. 63/2014 reg. 18(1).

Notes to reg. 38 inserted by S.R. No. 63/2014 reg. 18(2).



32

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).



33

(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




34

(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



35

(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



36

(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



37

(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).



38

(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

Reg. 44(1) substituted by S.R. No. 74/2008 reg. 12(1).

(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).



39

(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.

Penalty:10 penalty units.Reg. 44(5) substituted by S.R. No. 74/2008 reg. 12(3).r. 44

(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.




40

(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.




41

(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.


(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.

Reg. 45(4A) inserted by S.R. No. 63/2014 reg. 19.r. 45

(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.



42


(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.

(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.


(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

Reg. 45(4B) inserted by S.R. No. 63/2014 reg. 19.



43

the hirer, or if regulation 40 applies, the last hirer, to alight from the taxi-cab at the termination of the hiring.


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

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




44

(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.

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.

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.

r. 46




45

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.

Penalty:10 penalty units.S. 47A inserted by S.R. No. 63/2014 reg. 21.r. 47A

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.

__________________



46

PART 5A—TAXI NON-CASH PAYMENT SURCHARGES

Reg. 47B inserted by S.R. No. 63/2014 reg. 22.r. 47B

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).

(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

Pt 5A (Heading and reg. 47B) inserted by S.R. No. 63/2014 reg. 22.



47

(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

(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

r. 47BPart 2—Driver Accreditation, Photo Cards, Licences and Records


48

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

(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.

r. 47BPart 2—Driver Accreditation, Photo Cards, Licences and Records


49

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.



50

(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);

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



51

(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);

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



52

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




53

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.

__________________




54

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.


r. 52





55

(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



56

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);



57

(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—




58

(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.

__________________



59

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.

Sch. 1Part 2—Driver Accreditation, Photo Cards, Licences and Records


60

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. ═══════════════

Sch. 1Part 2—Driver Accreditation, Photo Cards, Licences and Records


61

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).

EndnotesPart 2—Driver Accreditation, Photo Cards, Licences and Records


62

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

Transport (Taxi-Cabs) Amendment Regulations 2014, S.R. No. 63/2014Date of Making: 17.6.14Date of Commencement: Regs 5–8, 10–22 on 30.6.14: reg. 3(2); reg. 9 on

1.7.14: reg. 3(1)

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



63

3. Explanatory DetailsNo entries at date of publication.



64

Documents

Transport (Taxi-Cabs) Regulations 2005FILE/05-67sr.017.docx · Web viewPart 7—Transitional Provisions—Transport (Taxi-Cabs) and (Taxi-Cab licences—Market and Trading) Amendment