Taxi Industry Amendment Regulations 2004

Taxi Industry Amendment Regulations 2004

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Taxi and Luxury Hire Car Industries Act 1995 .

12 March 2004

Richard Butler

Governor

By His Excellency's Command,

Bryan Green

Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Taxi Industry Amendment Regulations 2004 .

2.   Commencement

These regulations take effect on 17 March 2004.

3.   Principal Regulations

In these regulations, the Taxi Industry Regulations 1996 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of compliance plate :

discount fare means a fare registered with the Commission under regulation 24A ;

(b) by inserting ", and includes a wheelchair-accessible taxi" after "Act" in the definition of taxi ;

(c) by omitting "Road Rules." from the definition of taxi zone and substituting "Road Rules;";

(d) by inserting the following definitions after the definition of taxi zone :

WAT license means a wheelchair-accessible taxi license issued under Part 4B of the Act;

WAT licensee means the holder of a WAT licence.

5.    Regulation 16 amended (Taxi standards: vehicles suitable to be licensed as taxis)

Regulation 16 of the Principal Regulations is amended by inserting after subregulation (4) the following subregulation:

(5)  This regulation does not apply to a wheelchair-accessible taxi.

6.    Regulation 24 amended (Use of taxis)

Regulation 24(3)(b) of the Principal Regulations is amended by omitting "approved by the Commission".

7.    Regulation 24A inserted

After regulation 24 of the Principal Regulations , the following regulation is inserted in Part 5:

24A.   Discount fares

(1)  A driver, a responsible operator or an accredited taxi group may apply to the Commission for registration of a discount fare.

(2)  The Commission is to register a discount fare if it is less than the standard fare.

(3)  A driver, a responsible operator or an accredited taxi group must display details of the discount fare so that those details are visible from the outside of a taxi to which the fare applies.

Penalty:  Fine not exceeding 10 penalty units.

8.    Regulation 25 amended (Approval, testing and setting of taximeters)

Regulation 25 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1)(g) "commences." and substituting "commences; and";

(b) by inserting the following paragraph after paragraph (g) in subregulation (1) :

(h) capable of displaying the figures relating to any discount fare on which the meter is operating and any hiring charges registered with the Commission.

(c) by omitting paragraphs (c) , (d) and (e) from subregulation (3) and substituting the following paragraphs:

(c) the third position is to be used for the third tariff for wheelchair-accessible taxis;

(d) the fourth position is to be used for the fourth tariff for wheelchair-accessible taxis;

(e) the fifth position, if any, is to be used to record extra charges;

(f) the sixth position, if any, is to be used for any applicable discount fare;

(g) the seventh position, if any, is to be used for the purpose of holding the reading on the taximeter constant at the conclusion of a hiring at the first tariff where that tariff has applied to the last part of the journey;

(h) the eighth position, if any, is to be used for the purpose of holding the reading on the taximeter constant at the conclusion of a hiring at the second tariff where that tariff has applied to the last part of the journey.

9.    Part 5A inserted

After regulation 28 of the Principal Regulations , the following Part is inserted:

PART 5A - Wheelchair-accessible taxis

28A.   Form of WAT licence

A WAT licence is to be in such form as the Commission determines but must contain at least the following information:

(a) the name and address of the WAT licensee;

(b) the licence number;

(c) particulars of the vehicle to which the licence applies;

(d) the date on which the licence was issued and the date on which, unless sooner forfeited or surrendered, it expires;

(e) particulars of any conditions of the licence.

28B.   Register of WAT licences

(1)  The Commission must keep a register of WAT licences in which it is to record, in respect of each licence issued –

(a) the name and address of the WAT licensee; and

(b) the licence number; and

(c) particulars of the vehicle to which the licence applies; and

(d) the conditions of the licence; and

(e) particulars of any transfer, suspension or cancellation of the licence; and

(f) any other matters the Commission considers appropriate.

(2)  The register is not a public register.

28C.   Distinguishing plates and labels

(1)  The Commission may issue a WAT licensee with a distinctive plate or label, or both, for the vehicle to which the licensee’s licence applies.

(2)  A plate or label so issued may be in such form as the Commission determines.

(3)  A plate or label so issued may be in addition to, or in substitution for, any other plate, label or form of identification issued by the Commission in respect of the vehicle.

(4)  A plate so issued remains the property of the Commission.

(5)  If the Commission exercises its power under subregulation (1) , it must also issue the WAT licensee with written instructions for affixing the plate or label on the vehicle for which the licence has been issued.

(6)  The registered operator of the vehicle must –

(a) affix the plate or label to the vehicle in accordance with the Commission’s written instructions; and

(b) keep the plate or label affixed to the vehicle in accordance with the Commission’s written instructions for so long as the person holds a WAT licence in respect of the vehicle; and

(c) cause the plate or label to be completely covered up during any period during which the person’s WAT licence in respect of the vehicle is suspended; and

(d) remove the plate or label from the vehicle within 14 days after the day on which the person’s WAT licence in respect of the vehicle expires, is surrendered or is cancelled; and

(e) return the plate to the Commission within 30 days after the day on which the person’s WAT licence expires, is surrendered or is cancelled.

Penalty:  Fine not exceeding 10 penalty units.

(7)  The Commission may issue a WAT licensee with a replacement plate or label on payment of a prescribed fee.

28D.   Application for WAT license under section 23N of Act

An application under section 23N(2) of the Act is to be –

(a) lodged with the Commission; and

(b) made on a form that the Commission has provided or approved for the purpose; and

(c) accompanied by the appropriate fee specified in Schedule 1 ; and

(d) supported by such information or evidence as the Commission requires.

28E.   Change of name or address

A WAT licensee must, within 30 days after changing his or her name or postal address, notify the Commission of his or her new name or postal address.

Penalty:  Fine not exceeding 10 penalty units.

28F.   Suspension of WAT licence

(1)  The circumstances in which the Commission may suspend a WAT licence are as follows:

(a) where the WAT licensee has failed to comply with a condition of the licence;

(b) where the vehicle to which the licence applies has ceased temporarily to be registered;

(c) where the vehicle to which the licence applies has ceased to meet the specifications of a wheelchair-accessible taxi.

(2)  The Commission, if it considers that the circumstances permit, may –

(a) give the WAT licensee notice of its intention to suspend the licence; and

(b) consider any representations of the licensee.

(3)  On suspending a WAT licence, the Commission must immediately give the WAT licensee notice of –

(a) the suspension; and

(b) the reasons for the suspension; and

(c) the actions that the licensee must take to have the suspension lifted.

28G.   Cancellation of WAT licence

(1)  The circumstances in which the Commission may cancel a WAT licence are as follows:

(a) where it is satisfied that the WAT licensee has failed to comply with what the Commission considers to be a fundamental licence condition;

(b) where it is satisfied that the vehicle to which the licence applies has ceased to be registered and is likely to remain unregistered indefinitely or for a prolonged period;

(c) where it is satisfied that the vehicle to which the licence applies has ceased to meet the specifications of a wheelchair-accessible taxi;

(d) where the licence is surrendered to the Commission.

(2)  The Commission, if it considers that the circumstances permit, may –

(a) give the WAT licensee notice of its intention to cancel the licence; and

(b) consider any representations of the licensee.

(3)  On cancelling a WAT licence, the Commission must immediately give the WAT licensee notice of –

(a) the cancellation; and

(b) the reasons for the cancellation; and

(c) the actions, if any, that the Commission requires the licensee to take as a result of the cancellation.

28H.   Reporting requirements for WAT licensees

A WAT licensee must –

(a) provide the Commission with a report each month of the total number of wheelchair passengers transported by the licensee for that month; and

(b) submit the report, in a form approved by the Commission, within 7 days after the end of the relevant month.

Penalty:  Fine not exceeding 10 penalty units.

28I.   Procedure for issuing WAT licences

When making a WAT licence available under section 23N of the Act, the Commission is to –

(a) call for expressions of interest for the licence; and

(b) give preference, when issuing the licence, to a person who is an operator of a public passenger vehicle fitted with a wheelchair lift and accredited under the Passenger Transport Act 1997 , on the basis of one licence for each such vehicle operated as at 1 January 2004; and

(c) conduct a ballot for any remaining licences not issued under paragraph (b) among any other parties who have expressed interest.

28J.   Trip fee

(1)  A trip fee is payable by the Commission, in accordance with the table set out in Schedule 5 , to a WAT licensee for each trip on which the licensee carries a wheelchair passenger.

(2)  The Commission is to determine the trip fee payable in respect of a taxi area not specified in Schedule 5 .

(3)  Before paying a trip fee, the Commission may require the WAT licensee to provide such evidence of the trip as the Commission considers necessary.

10.    Schedule 1 substituted

Schedule 1 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 1 - Fees

Regulations 7 , 8 , 9 , 12 and 28D

	Fee units
Fee for conversion of cab licence to perpetual taxi licence	100
Application for perpetual taxi licence or WAT licence	100
Issue of perpetual taxi licence	Assessed market value as set out in the Taxi Industry (Taxi Areas) Regulations 1996
Issue of WAT licence	30
Annual administration fee for perpetual taxi licence	100
Application for temporary taxi licence	100
Notification of transfer of ownership of perpetual taxi licence or WAT licence	10
Application for transfer of perpetual taxi licence or WAT licence in respect of one vehicle to another vehicle	10
Testing of taximeter	10
Issue of replacement plate or label	10

11.    Schedule 2 amended (Requirements for taxis)

Clause 2 of Schedule 2 to the Principal Regulations is amended as follows:

(a) by inserting "and, in the case of a wheelchair-accessible taxi, centrally on top of the taxi sign" after "sign" in paragraph (b); and

(b) by omitting subparagraph (ii) from paragraph (e) and substituting the following:

	(ii) in the second tariff, the light on the left or nearside and the light on the right or far side are illuminated; and
	(iii) in the third tariff, the central light and the light on the left or nearside are illuminated; and
	(iv) in the fourth tariff, all the lights are illuminated.

12.    Schedule 4 amended (Standard taxi fares)

Schedule 4 to the Principal Regulations is amended by inserting after clause 4 the following clauses:

5.   Standard taxi fares for wheelchair-accessible taxis while conveying a wheelchair passenger in any taxi area

(1) Third tariff: Between the hours of 6 a.m. and 8 p.m. on any weekday that is not a public holiday in the place where the wheelchair-accessible taxi is conveying a wheelchair passenger, the following tariff (called the third tariff) is to be charged:

(a) the amount recorded on the taximeter, that meter being calibrated to record –

(i) the sum of $4.20 on the taxi being set in motion; and

(ii) the sum of 10 cents for the first 31.5m travelled, or the first 6.0 seconds of time elapsed, whichever occurs first; and

(iii) after the distance travelled or, alternatively, time elapsed as specified in subparagraph (ii) , the sum of 10 cents for each complete 63.1m travelled or each 12.0 seconds of time elapsed, whichever is the greater.

(2) Fourth tariff: During the times when the third tariff does not apply, the following tariff (called the fourth tariff) is to be charged:

(a) the amount recorded on the taximeter, that meter being calibrated to record –

(i) the sum of $4.20 on the taxi being set in motion; and

(ii) the sum of 10 cents for the first 26.3m travelled, or the first 6.0 seconds of time elapsed, whichever occurs first; and

(iii) after the distance travelled or, alternatively, time elapsed as specified in subparagraph (ii) , the sum of 10 cents for each complete 52.6m travelled or each 12.0 seconds of time elapsed, whichever is the greater.

6.   High-occupancy vehicle tariff

The operator of a wheelchair-accessible taxi, when carrying 5 or more passengers of whom none is a wheelchair passenger, may, at any time of day, charge a high-occupancy vehicle tariff equivalent to the fourth tariff, set out in clause 5(2) .

13.    Schedule 5 inserted

After Schedule 4 to the Principal Regulations , the following Schedule is inserted:

SCHEDULE 5 - Trip fee

Regulation 28J

1.   The trip fee payable for each trip on which at least one wheelchair passenger is carried by a WAT licensee is as follows:

Taxi area	Trip fee (Fee units)
Hobart	10
Launceston	12
Devonport	16
Burnie	16

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 17 March 2004

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Taxi Industry Regulations 1996 in relation to –

(a) discount fares; and

(b) wheelchair-accessible taxi licences.