Taxi Industry Amendment Regulations (No. 2) 2005

Taxi Industry Amendment Regulations (No. 2) 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 .

14 November 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 Regulations (No. 2) 2005 .

2.   Commencement

These regulations take effect on the seventh day after 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 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by omitting "or person" from the definition of fare agreement ;

(b) by omitting the definition of licence and substituting the following definition:

licence means a perpetual taxi licence, a temporary taxi licence or a WAT licence issued under the Act;

(c) by omitting "responsible operator and entered on the register of taxi licences" from paragraph (a) of the definition of responsible operator and substituting "lessee or assignee";

(d) by inserting the following definition after the definition of responsible operator :

sealing pliers means the pair of pliers issued by the Commission to a taximeter sealer under regulation 23A(4) ;

(e) by inserting the following definition after the definition of security interest :

special agreement means a taxi hiring agreement entered into between an intending passenger and one or more of the following:

(a) a driver;

(b) a responsible operator;

(c) an accredited taxi group;

(f) by inserting the following definition after the definition of taximeter :

taximeter sealer means a person appointed by the Commission to test, seal and calibrate taximeters under regulation 23A ;

5.    Regulation 6 rescinded

Regulation 6 of the Principal Regulations is rescinded.

6.    Regulation 8 amended (Perpetual taxi licences)

Regulation 8(1) of the Principal Regulations is amended by omitting paragraph (b) and substituting the following paragraph:

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

7.    Regulation 9 amended (Temporary taxi licences)

Regulation 9(2) of the Principal Regulations is amended by omitting paragraph (b) and substituting the following paragraph:

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

8.    Regulation 12 amended (Transfer of ownership of licence)

Regulation 12 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulation:

(1)  An application to transfer a perpetual taxi licence from one licensee to another licensee –

(a) is to be in writing; and

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

(c) is to include any details required by the form.

(b) by omitting from subregulation (2) "A notification" and substituting "An application".

9.    Regulation 13 amended (Replacement vehicles)

Regulation 13(1) of the Principal Regulations is amended by omitting paragraph (b) and substituting the following paragraph:

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

10.    Regulation 14 amended (Security interests)

Regulation 14(2) of the Principal Regulations is amended by omitting paragraph (b) and substituting the following paragraph:

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

11.    Regulation 15 amended (Taxi leasing arrangements)

Regulation 15 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulations:

(1)  If the owner of a perpetual taxi licence leases or assigns that licence to another person, that other person is the responsible operator.

(1A)  If the owner of a perpetual taxi licence leases or assigns that licence to another person, the owner must notify the Commission in writing within 14 days of –

(a) the name and address of the responsible operator; and

(b) the details of the vehicle that it is proposed will be operated under that licence.

Penalty:  Fine not exceeding 5 penalty units.

(b) by omitting from subregulation (3) " subregulation (1)(b) " and substituting " subregulation (1A)(a) and (b) ".

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

Regulation 16(4) of the Principal Regulations is amended by omitting paragraphs (b) and (c) and substituting the following paragraph:

(b) by reason of an emergency or other special circumstances, it is appropriate to allow the continued operation of the vehicle as a taxi.

13.    Regulation 19 amended (Accreditation of taxi groups)

Regulation 19(1)(d) of the Principal Regulations is amended by omitting "accreditated" and substituting "accredited".

14.    Regulation 21A amended (Charging of fares)

Regulation 21A(1) of the Principal Regulations is amended as follows:

(a) by omitting " regulation 21 ;" from the definition of standard fare and substituting " regulation 21 .";

(b) by omitting the definition of special agreement .

15.    Regulation 23 substituted

Regulation 23 of the Principal Regulations is rescinded and the following regulations are substituted:

23.   Taximeters and taxi signs

(1)  The responsible operator of a taxi must ensure that the taxi is fitted with –

(a) a taximeter that complies with the requirements of this Part; and

(b) a taxi top-light that complies with the requirements of Schedule 2 ; and

(c) if the taxi is required to operate on more than one tariff, external tariff indicator lights that comply with Schedule 2 .

Penalty:  Fine not exceeding 10 penalty units.

(2)  Subregulation (1)(b) does not apply if the taxi is being used –

(a) for the carriage of passengers in order to attend a wedding or funeral; or

(b) for the carriage of passengers under a contract or agreement that is –

(i) in a form approved by the Commission; and

(ii) entered into between the licensee or his or her agent and any other person; or

(c) for the carriage of passengers in accordance with a term of an accreditation agreement; or

(d) to provide a limited passenger service in accordance with the Passenger Transport Act 1997 .

(3)  If a taxi is required to operate on more than one tariff, the driver must not operate the taxi while the taximeter is operating in the wrong tariff for the time of operation.

Penalty:  Fine not exceeding 10 penalty units.

(4)  The driver of a taxi must not operate the taxi while the taximeter is operating on the third or fourth tariff if the taxi is not operating under a WAT licence.

Penalty:  Fine not exceeding 10 penalty units.

23A.   Taximeter sealers

(1)  A person may apply to the Commission to be appointed as a taximeter sealer.

(2)  An application for appointment as a taximeter sealer is to –

(a) be in writing; and

(b) include any information or evidence required by the Commission.

(3)  The Commission is to appoint a person as a taximeter sealer –

(a) as necessary for the exercise or performance by the Commission of its powers and functions with respect to the testing, sealing and calibration of taximeters; and

(b) on such terms and conditions as it thinks fit.

(4)  The Commission is to issue a taximeter sealer with a pair of sealing pliers on payment of the prescribed fee.

(5)  If a pair of sealing pliers is lost, destroyed or damaged, the taximeter sealer who was issued with those pliers is to pay the prescribed fee to the Commission for replacement sealing pliers.

(6)  Sealing pliers issued under subregulation (4) remain the property of the Commission.

(7)  A taximeter sealer must surrender the sealing pliers issued under subregulation (4) if requested to do so by the Commission.

Penalty:  Fine not exceeding 10 penalty units.

(8)  A taximeter sealer must not, in giving any information to the Commission for the purposes of this regulation –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without that matter the statement is false or misleading.

Penalty:  Fine not exceeding 10 penalty units.

16.    Regulation 24 amended (Use of taxis)

Regulation 24 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "for which the person is licensed to operate the taxi" and substituting "to which the taxi licence number-plate affixed to the taxi relates";

(b) by omitting the penalty from subregulation (1) and substituting the following penalty:

Penalty:  Fine not exceeding 10 penalty units.

(c) by inserting the following subregulation after subregulation (1) :

(1A)  A driver must not, without lawful excuse, operate a taxi so that a hiring is commenced and completed wholly outside the taxi area to which the taxi licence number-plate affixed to the taxi relates.

Penalty:  Fine not exceeding 20 penalty units.

(d) by omitting the penalty from subregulation (2) and substituting the following penalty:

Penalty:  Fine not exceeding 10 penalty units.

(e) by omitting paragraph (b) from subregulation (3) and substituting the following paragraph:

(b) under a contract or agreement that is –

(i) in a form approved by the Commission; and

(ii) entered into between the licensee or his or her agent and any other person; or

(f) by omitting from subregulation (6)(c) "zone." and substituting "zone; or";

(g) by inserting the following paragraph after paragraph (c) in subregulation (6) :

(d) leave his or her taxi unattended in a taxi zone without reasonable grounds for doing so.

17.    Regulation 24A substituted

Regulation 24A of the Principal Regulations is rescinded and the following regulation is substituted:

24A.   Discount fares

(1)  A responsible operator may apply to the Commission for the registration of a fare that is lower than the standard fare to be charged in respect of a taxi or a group of taxis.

(2)  The Commission may register a fare that is lower than the standard fare as a discount fare if the Commission is satisfied with the terms and conditions of the lower fare.

(3)  A driver or responsible operator of a taxi may only charge a discount fare if –

(a) details of the terms and conditions of that discount fare are displayed in the taxi so that those details are legible from the outside of the taxi; and

(b) the fare is charged in accordance with those terms and conditions.

Penalty:  Fine not exceeding 10 penalty units.

(4)  A driver or responsible operator must charge a discount fare if –

(a) details of that discount fare are displayed in his or her taxi; and

(b) the terms and conditions of the hiring of the taxi meet the displayed terms and conditions of the discount fare.

Penalty:  Fine not exceeding 10 penalty units.

(5)  A driver or responsible operator must not display in a taxi the details of a discount fare if the taximeter installed in the taxi is not calibrated to charge the discount fare.

Penalty:  Fine not exceeding 10 penalty units.

(6)  This regulation does not apply to a driver or responsible operator who charges a fare that is authorised by a fare agreement or special agreement.

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

Regulation 25 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (d) from subregulation (1) and substituting the following paragraph:

(d) capable of displaying the figures relating to –

(i) the standard fares and charges as set out in Schedule 4 ; and

(ii) if a discount fare is registered by the Commission under regulation 24A in respect of the taxi, that discount fare; and

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

(c) by omitting paragraph (h) from subregulation (1) ;

(d) by omitting subregulation (2) ;

(e) by omitting from subregulation (3) "tariff specified in Schedule 4," and substituting "tariff, whether the fare is to be calculated using a tariff specified in Schedule 4 or a discount fare registered under regulation 24A ,";

(f) by omitting from subregulation (3)(f) "fare;" and substituting "fare.";

(g) by omitting paragraphs (g) and (h) from subregulation (3) .

19.    Regulation 26 amended (Evidence of testing)

Regulation 26 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (2) and substituting the following subregulations:

(1A)  If sealing, testing or calibrating a taximeter, a taximeter sealer is to provide to the responsible operator of the taxi a test certificate, or similar document, that –

(a) states whether or not the taximeter is correctly calculating, measuring and displaying fares and charges in accordance with –

(i) the standard fares and charges as set out in Schedule 4 ; and

(ii) if a discount fare is registered by the Commission under regulation 24A in respect of the taxi, that discount fare; and

(b) sets out any other information that the taximeter sealer considers relevant.

(1B)  A taximeter sealer is to provide a copy of a test certificate, or other document, provided under subregulation (1A) to the Commission on the request of the Commission.

(2)  A responsible operator must produce the most recent test certificate, or similar document, provided under subregulation (1A) if requested to do so by an authorised officer or police officer within 7 days after receiving that request.

Penalty:  Fine not exceeding 2 penalty units.

(b) by omitting from subregulation (3) "officer or police officer" and substituting "officer, police officer or taximeter sealer".

20.    Regulation 27 amended (Testing and sealing of taximeters)

Regulation 27 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulation:

(1)  The responsible operator of a taxi must –

(a) ensure that the taximeter is correctly calculating, measuring and displaying fares and charges in accordance with –

(i) the standard fares and charges as set out in Schedule 4 ; and

(ii) if a discount fare is registered by the Commission under regulation 24A in respect of the taxi, that discount fare; and

(b) submit the taximeter to an authorised officer, police officer or taximeter sealer for testing at a time specified by the Commission.

Penalty:  Fine not exceeding 10 penalty units.

(b) by omitting from subregulation (3) "officer or police officer" and substituting "officer, police officer or taximeter sealer";

(c) by inserting the following subregulation after subregulation (4) :

(5)  A person must not test, seal or calibrate a taximeter unless that person is an authorised officer, police officer or taximeter sealer.

Penalty:  Fine not exceeding 10 penalty units.

21.    Regulation 28B amended (Duty and power to install security camera system)

Regulation 28B of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:

(1A)  The driver of a taxi that is licensed to operate in a metropolitan taxi area or the Ulverstone taxi area must not operate the taxi unless a security camera system is installed in the taxi.

Penalty:  Fine not exceeding 20 penalty units.

22.    Regulation 29 amended (Inspection requirements)

Regulation 29 of the Principal Regulations is amended by omitting the penalty and substituting the following penalty:

Penalty:  Fine not exceeding 10 penalty units.

23.    Regulation 32 amended (Advertising material in or on taxis)

Regulation 32 of the Principal Regulations is amended by omitting the penalty and substituting the following penalty:

Penalty:  Fine not exceeding 5 penalty units.

24.    Regulation 33 amended (Returns to be supplied)

Regulation 33(2) of the Principal Regulations is amended as follows:

(a) by inserting "or the member of an accredited taxi group" after "operator";

(b) by omitting the penalty and substituting the following penalty:

Penalty:  Fine not exceeding 5 penalty units.

25.    Schedule 1 amended (Fees)

Schedule 1 to the Principal Regulations is amended by omitting

Issue of replacement plate or label

10

and substituting:

Issue of replacement taxi licence number-plate or label

10

Issue or replacement of sealing pliers

200

26.    Schedule 2 amended (Requirements for taxis)

Schedule 2 to the Principal Regulations is amended by omitting item 1 and substituting the following item:

1.   Taxi top-lights

A taxi top-light –

(a) must be affixed to the roof of the taxi; and

(b) must have at least one light enclosed capable of illuminating the top-light by day or night; and

(c) must display to the front of the taxi the word "taxi" or similar words to indicate that it is a taxi; and

(d) must be switched on when the vehicle is operating as a taxi, and switched off when the taxi is not available for hire, but need not be switched on when the vehicle is standing for hire on a public rank during daylight hours.

27.    Schedule 3 rescinded

Schedule 3 to the Principal Regulations is rescinded.

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

Notified in the Gazette on 23 November 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) removing all forms; and

(b) making further provision in relation to number-plates, taximeters and taxi signs; and

(c) allowing the Commission to appoint taximeter sealers to test, seal and calibrate taximeters; and

(d) clarifying the provisions relating to the charging of discount fares; and

(e) making further provision in relation to the use of taxis; and

(f) making minor consequential amendments.