Taxi Industry Amendment (Number-plates and Labels) Regulations 2005

Taxi Industry Amendment (Number-plates and Labels) Regulations 2005

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 .

3 October 2005

W. J. E. COX

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 (Number-plates and Labels) Regulations 2005 .

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.    Regulation 13 amended (Replacement vehicles)

Regulation 13 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulation:

(2)  The Commission is to approve an application for the transfer of a licence from one vehicle to another if the Commission is satisfied that the other vehicle is suitable for use as a taxi.

5.    Regulation 17 substituted

Regulation 17 of the Principal Regulations is rescinded and the following regulations are substituted:

17.   Issue of number-plates and labels

(1)  The Commission may, in respect of a taxi operating under a perpetual taxi licence or a temporary taxi licence, issue either or both of the following to the licensee or responsible operator of the taxi:

(a) a distinctive licence number-plate;

(b) a distinctive label.

(2)  A licence number-plate or label issued in respect of a taxi under subregulation (1) may –

(a) be in such form as the Commission determines; and

(b) be in addition to, or in substitution for, any other plate, label or form of identification issued by the Commission in respect of that taxi.

(3)  A licence number-plate or label issued under subregulation (1) remains the property of the Commission.

(4)  The Commission may, by written notice, request that the licensee or responsible operator of a taxi return a licence number-plate issued to that licensee or responsible operator under subregulation (1) within such time as the Commission specifies in the notice.

(5)  The licensee or responsible operator of a taxi must comply with a request made of that licensee or responsible operator under subregulation (4) .

Penalty:  Fine not exceeding 10 penalty units.

(6)  The Commission may, on payment of the prescribed fee, issue the licensee or responsible operator of a taxi with a replacement for a licence number-plate issued under subregulation (1) .

17A.   Obligation to display number-plates

(1)  This regulation applies if the licensee or responsible operator of a taxi is issued with a licence number-plate by the Commission under regulation 17(1) .

(2)  The licensee or responsible operator must ensure that the licence number-plate is affixed, in the prescribed position, to the vehicle shown on the register of taxi licences as the vehicle to which the licence number-plate relates.

Penalty:  Fine not exceeding 5 penalty units.

(3)  It is a defence in proceedings for an offence under subregulation (2) if the defendant establishes that, when the offence allegedly occurred –

(a) the licence number-plate was –

(i) lost; or

(ii) unusable because of damage sustained in an accident; and

(b) he or she had notified the Commission in writing as soon as practicable after –

(i) the loss was discovered; or

(ii) the licence number-plate sustained the damage.

(4)  For the purposes of subregulation (2) , the prescribed position for the licence number-plate is immediately above or next to the taxi's front number-plate so that the licence number-plate is clearly legible from a distance of 20 metres at any point within an arc of 45 degrees from the surface of the licence number-plate above or to either side of the taxi.

(5)  The licensee or responsible operator of a taxi must not affix a licence number-plate issued under regulation 17(1) to any vehicle other than the vehicle shown on the register of taxi licences as the vehicle to which the licence number-plate relates.

Penalty:  Fine not exceeding 5 penalty units.

17B.   Obligation to display labels

(1)  This regulation applies if the licensee or responsible operator of a taxi is issued with a label by the Commission under regulation 17(1) .

(2)  The licensee or responsible operator must ensure that –

(a) the label is affixed to the taxi in accordance with the Commission's written instructions; and

(b) while the vehicle is operating as a taxi, the label remains so affixed to the taxi.

Penalty:  Fine not exceeding 5 penalty units.

17C.   Obligation to display inspection labels

(1)  This regulation applies if the licensee or responsible operator of a taxi is issued with an inspection label for the taxi by the Registrar.

(2)  The licensee or responsible operator must –

(a) immediately affix the inspection label to the left hand side of the inner side of the rear window of the taxi; and

(b) ensure that, while the vehicle is operating as a taxi, the inspection label remains so affixed to the taxi.

Penalty:  Fine not exceeding 5 penalty units.

6.    Regulation 28N amended (Distinguishing number-plates and labels)

Regulation 28N of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "plate" and substituting "licence number-plate";

(b) by omitting from subregulation (2) "plate" and substituting "licence number-plate";

(c) by omitting from subregulation (3) "plate" first occurring and substituting "licence number-plate";

(d) by omitting from subregulation (4) "plate" and substituting "licence number-plate";

(e) by omitting from subregulation (5) "plate" and substituting "licence number-plate";

(f) by omitting from subregulation (6)(a) "plate" and substituting "licence number-plate";

(g) by omitting from subregulation (6)(b) "plate" and substituting "licence number-plate";

(h) by omitting from subregulation (6)(c) "plate" and substituting "licence number-plate";

(i) by omitting from subregulation (6)(d) "plate" and substituting "licence number-plate";

(j) by omitting from subregulation (6)(e) "plate" and substituting "licence number-plate";

(k) by inserting the following subregulation after subregulation (6) :

(6A)  It is a defence in proceedings for an offence under subregulation (6)(b) if the defendant establishes that, when the offence allegedly occurred –

(a) the licence number-plate was –

(i) lost; or

(ii) unusable because of damage sustained in an accident; and

(b) he or she had notified the Commission in writing as soon as practicable after –

(i) the loss was discovered; or

(ii) the licence number-plate sustained the damage.

(l) by omitting from subregulation (7) "plate" and substituting "licence number-plate";

(m) by inserting the following subregulations after subregulation (7) :

(8)  The Commission may, by written notice, request a WAT licensee to return a licence number-plate issued to that licensee under subregulation (1) within such time as the Commission specifies in the notice.

(9)  The WAT licensee must comply with a request under subregulation (8) .

Penalty:  Fine not exceeding 10 penalty units.

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

Notified in the Gazette on 12 October 2005

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) directing that the Commission approve an application to transfer a taxi licence from one vehicle to another if satisfied that the other vehicle is suitable for use as a taxi; and

(b) making further provision in relation to taxi licence number-plates and labels.