Taxi Industry Amendment (Wheelchair-accessible Taxis) Regulations 2004

Taxi Industry Amendment (Wheelchair-accessible Taxis) 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 July 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 (Wheelchair-accessible Taxis) Regulations 2004 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

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

4.    Part 5A rescinded

Part 5A of the Principal Regulations , as inserted by Statutory Rules 2004, No. 15 and titled "Wheelchair-accessible Taxis", is rescinded.

5.    Part 5B inserted

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

PART 5B - Wheelchair-accessible taxis

28L.   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.

28M.   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.

28N.   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.

28P.   Application for WAT licence 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.

28Q.   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.

28R.   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.

28S.   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.

28T.   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.

28U.   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.

28V.   Trip fee

(1)  A trip fee is payable by the Commission, in accordance with the table set out in Schedule 6 , 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 6 .

(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.

6.    Schedule 5 rescinded

Schedule 5 to the Principal Regulations , as inserted by Statutory Rules 2004, No. 15 and titled "Trip Fee", is rescinded.

7.    Schedule 6 inserted

After Schedule 5 to the Principal Regulations , the following Schedule is inserted:

SCHEDULE 6 - Trip fee

Regulation 28V

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 21 July 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 by –

(a) omitting Part 5A, titled "Wheelchair-accessible Taxis", and reinserting it as Part 5B to correct the anomaly of the regulations containing 2 different Parts numbered 5A; and

(b) omitting Schedule 5, titled "Trip Fee", and reinserting it as Schedule 6 to correct the anomaly of the regulations containing 2 different Schedules numbered 5.