Luxury Hire Car Industry Regulations 2008

Luxury Hire Car Industry Regulations 2008

I, the Administrator 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 2008 .

17 September 2008

E. C. CRAWFORD

Administrator

By His Excellency's Command,

G. L. STURGES

Minister for Infrastructure

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Luxury Hire Car Industry Regulations 2008 .

2.   Commencement

These regulations take effect on the day on which section 3 of the Taxi and Luxury Hire Car Industries Act 2008 commences.

3.   Interpretation

In these regulations –

Act means the Taxi and Luxury Hire Car Industries Act 2008 ;

logbook means a logbook that complies with regulation 23 ;

registration plate has the same meaning as in the Taxi Industry Regulations 2008 ;

security camera system has the same meaning as in the Taxi Industry Regulations 2008 ;

specified fee means a fee specified in Schedule 2 .

PART 2 - Luxury Hire Car Licences

4.   Form of luxury hire car licence

A luxury hire car licence is to be in such form as the Commission determines and is to include –

(a) the name and address of the holder of the licence; and

(b) the licence number of the licence; and

(c) the following particulars of the vehicle to which the licence applies:

(i) the registration number;

(ii) the make;

(iii) the body type;

(iv) the year of manufacture;

(v) the seating capacity as recorded in the Register of Motor Vehicles; and

(d) the number of the licence number plate in force in respect of the licence.

5.   Change of name or address

The holder of a luxury hire car licence must notify the Commission in writing of a change to his or her name or address within 14 days after the change occurs.

Penalty:  Fine not exceeding 5 penalty units.

6.   Suspension of luxury hire car licence

For the purposes of section 82(1) of the Act, the prescribed circumstances in which the Commission may suspend a luxury hire car licence are as follows:

(a) if the holder of the licence fails to comply with a condition of the licence;

(b) if the holder of the licence has failed to provide information required by the Commission under section 97 of the Act within the period specified in the notice given to the holder of the licence in accordance with that section;

(c) if the vehicle to which the licence applies ceases to be registered;

(d) if the Commission has suspended the accreditation of the holder of the licence in accordance with Part 2A of the Passenger Transport Act 1997 ;

(e) if the Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence.

7.   Cancellation of luxury hire car licence

For the purposes of section 82(1) of the Act, the prescribed circumstances in which the Commission may cancel a luxury hire car licence are as follows:

(a) if the holder of the licence fails to comply with a condition of the licence;

(b) if the licence is surrendered to the Commission;

(c) if the vehicle to which the licence applies ceases to meet the specifications of a luxury hire car and is still being offered for hire as a luxury hire car;

(d) if the vehicle to which the licence applies ceases to be registered and is likely to remain unregistered for a prolonged period;

(e) if the holder of the licence has fees owing to the Commission that have been due for a period greater than 12 months;

(f) if the Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence.

PART 3 - Vehicles and Equipment

8.   Vehicles suitable for use as luxury hire car

A person must not operate a vehicle as a luxury hire car unless the vehicle complies with the specifications set out in Schedule 1 .

Penalty:  Fine not exceeding 10 penalty units.

9.   Taximeters prohibited in luxury hire car

(1)  In this regulation –

taximeter means an electronic instrument installed in a vehicle that –

(a) calculates the charge for hiring the vehicle; and

(b) indicates that charge in figures.

(2)  The holder of a luxury hire car licence must not install, or cause to be installed, in the vehicle to which that licence relates –

(a) a taximeter; or

(b) another instrument or device capable of the automatic calculation of the fare or hiring charge for the vehicle.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person must not operate, or cause or permit another person to operate, a vehicle as a luxury hire car if –

(a) a taximeter is installed in the vehicle; or

(b) another instrument or device capable of the automatic calculation of the fare or hiring charge for the vehicle is installed in the vehicle.

Penalty:  Fine not exceeding 10 penalty units.

10.   Security cameras

(1)  A security camera system may be installed in a luxury hire car.

(2)  A person must not install a security camera system under subregulation (1) otherwise than in accordance with the installation requirements for security camera systems set out in the Taxi Industry Regulations 2008 .

Penalty:  Fine not exceeding 20 penalty units.

(3)  If a security camera system is installed in a luxury hire car –

(a) Division 4 of Part 3 of the Taxi Industry Regulations 2008 applies to the luxury hire car as if it were a taxi; and

(b) a reference to a responsible operator of a taxi licence in that Division is taken to be a reference to the holder of a luxury hire car licence for a luxury hire car with a security camera system installed.

PART 4 - Licence Number Plates and Labels

Division 1 - Licence number plates

11.   Obligation to display licence number plate

(1)  This regulation applies if the Commission has issued a licence number plate in respect of a luxury hire car licence in accordance with section 89 of the Act.

(2)  The holder of a luxury hire car licence must ensure that the licence number plate –

(a) is affixed in accordance with subregulation (4) to the luxury hire car shown in the register of licences as the vehicle to which the licence number plate relates; and

(b) remains so affixed while the vehicle is operating as a luxury hire car.

Penalty:  Fine not exceeding 10 penalty units.

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

(a) the licence number plate had been –

(i) returned to the Commission in accordance with regulation 12 ; or

(ii) lost; or

(iii) damaged to the extent that it was unusable; and

(b) in the case of subparagraphs (ii) and (iii) of paragraph (a) , the defendant had notified the Commission in writing as soon as practicable after the loss or damage was discovered; and

(c) a replacement licence number plate had not been issued.

(4)  A licence number plate required to be affixed under this regulation is to be affixed immediately above or next to the vehicle's front registration plate so that the licence number plate –

(a) displays to the front of the vehicle; and

(b) 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 vehicle.

(5)  The holder of a luxury hire car licence must not affix, or cause or permit to be affixed, a licence number plate issued by the Commission to a vehicle other than the vehicle specified in the licence.

Penalty:  Fine not exceeding 10 penalty units.

(6)  If the luxury hire car licence to which the licence number plate relates lapses in accordance with section 76(1) of the Act, the holder of the luxury hire car licence must cause the licence number plate to be removed from the vehicle specified in the licence while the licence has lapsed.

Penalty:  Fine not exceeding 20 penalty units.

(7)  If the luxury hire car licence to which the licence number plate relates is suspended, the holder of the luxury hire car licence must cause the licence number plate to be removed from the vehicle specified in the licence while the licence is suspended.

Penalty:  Fine not exceeding 20 penalty units.

(8)  If the luxury hire car licence to which the licence number plate relates is cancelled or surrendered to the Commission, the person who was the holder of the luxury hire car licence must remove the licence number plate from the vehicle specified in the licence.

Penalty:  Fine not exceeding 20 penalty units.

12.   Return of licence number plate

(1)  The Commission, by notice in writing, may request that the person to whom a licence number plate has been issued return the licence number plate to the Commission within such period as the Commission specifies in the notice.

(2)  A person to whom a request is made under subregulation (1) must comply with the request within the specified period.

Penalty:  Fine not exceeding 5 penalty units.

(3)  A licence number plate that is not returned to the Commission in accordance with a written notice issued under subregulation (1) is void.

13.   Lost or damaged licence number plates

(1)  If a licence number plate is lost or damaged to the extent that it is unusable, the person to whom the licence number plate was issued must notify the Commission in writing as soon as practicable after the loss or damage is discovered.

Penalty:  Fine not exceeding 5 penalty units.

(2)  The Commission may request, in writing, the holder of a lost or damaged licence number plate to provide the Commission with such written evidence as the Commission requires to satisfy it of the loss or damage.

(3)  A person to whom a request is made under subregulation (2) must comply with that request within the period specified in the request.

Penalty:  Fine not exceeding 5 penalty units.

(4)  A licence number plate that is lost or damaged as referred to in subregulation (1) is void.

14.   Void licence number plates

(1)  The holder of a luxury hire car licence must not operate, or cause or permit another person to operate, a luxury hire car that has affixed to it a licence number plate that is void.

Penalty:  Fine not exceeding 20 penalty units.

(2)  An authorised officer may seize a licence number plate that is void.

(3)  The Commission is to cancel a licence number plate that is void.

15.   Replacement licence number plate

(1)  On payment of the specified fee, a person may apply to the Commission for a replacement licence number plate for a licence number plate that has been cancelled under regulation 14(3) .

(2)  On receipt of an application, the Commission –

(a) may issue a replacement licence number plate; and

(b) is not required to issue a replacement licence number plate with the same number as the cancelled licence number plate it is replacing.

Division 2 - Labels

16.   Issue of labels

(1)  The Commission may issue a distinctive label to the holder of a luxury hire car licence.

(2)  A label issued under subregulation (1) may be –

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

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

(3)  A label issued under subregulation (1) remains the property of the Commission.

(4)  The Commission, by notice in writing, may request that the person to whom a label was issued return the label to the Commission within such period as the Commission specifies in the notice.

(5)  A person to whom a request under subregulation (4) is made must comply with the request within the specified period.

Penalty:  Fine not exceeding 5 penalty units.

17.   Obligation to display labels

If the Commission has issued a label under regulation 16 in respect of a luxury hire car, the holder of the relevant luxury hire car licence must ensure that –

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

(b) while the vehicle is operating as a luxury hire car, the label remains so affixed to the vehicle unless otherwise specified by the Commission in writing.

Penalty:  Fine not exceeding 5 penalty units.

18.   Obligation to display inspection labels

If an inspection label is issued under regulation 85(5) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 in respect of a vehicle, the holder of the luxury hire car licence must ensure that while the vehicle is operating as a luxury hire car the inspection label remains affixed to it.

Penalty:  Fine not exceeding 5 penalty units.

19.   Lost or damaged labels

(1)  If a label issued under this Division is lost or damaged to the extent that it is unusable, the person to whom the label was issued must notify the Commission in writing as soon as practicable after the loss or damage is discovered.

Penalty:  Fine not exceeding 5 penalty units.

(2)  The Commission may request, in writing, the holder of a lost or damaged label to provide the Commission with such written evidence as the Commission requires to satisfy it of the loss or damage.

(3)  A person to whom a request is made under subregulation (2) must comply with that request within the period specified in the request.

Penalty:  Fine not exceeding 5 penalty units.

(4)  The Commission may issue a replacement label on payment of the specified fee.

PART 5 - Licensing Offences

20.   Luxury hire car not to be hired out unless booked

A person must not hire out, or cause or permit a person to hire out, a luxury hire car unless the hiring was booked prior to the vehicle arriving at the passenger's pick-up location.

Penalty:  Fine not exceeding 10 penalty units.

21.   Custom not to be solicited in public place

(1)  A person must not solicit, or cause or permit a person to solicit, in a public place, another person to hire a luxury hire car.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 10 penalty units; or

(b) a second or subsequent offence, a fine not exceeding 20 penalty units.

(2)  For the purposes of this regulation, solicit includes to place any signage on, or in the vicinity of, the vehicle to indicate that the vehicle is available for immediate hire.

22.   Requirement to carry logbook

(1)  The Commission, by notice in writing, may require the holder of a luxury hire car licence to ensure that the driver of the vehicle carries a logbook in the vehicle while driving.

(2)  A person must comply with a notice in writing given by the Commission under subregulation (1) .

Penalty:  Fine not exceeding 10 penalty units.

23.   Form of logbook

(1)  The holder of a luxury hire car licence referred to in regulation 22(1) must ensure that a logbook required to be carried under that regulation includes –

(a) the registration number of the luxury hire car; and

(b) the licence number of the luxury hire car licence under which the luxury hire car is operating; and

(c) for each hiring undertaken by the driver –

(i) the date of the hiring; and

(ii) the name of the customer; and

(iii) the name of the passenger, if the passenger is someone other than the customer; and

(iv) the pick-up location for the passenger; and

(v) the destination of the passenger; and

(vi) the time the luxury hire car is required to pick up the passenger; and

(vii) the time the vehicle arrives at the passenger's destination; and

(viii) the agreed fare for the hiring.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A driver required to carry a logbook under regulation 22 must –

(a) make an entry in the logbook for each hiring of the luxury hire car; and

(b) complete as much of the entry as is possible before arriving at the pick-up location; and

(c) complete the remaining details in the entry as soon as practicable after the completion of the hiring.

Penalty:  Fine not exceeding 10 penalty units.

24.   Production of logbook

(1)  The Commission, by notice in writing, may direct the driver of a luxury hire car to –

(a) produce his or her logbook to the Commission; or

(b) provide the Commission with such information from the logbook as the Commission specifies in the notice.

(2)  The Commission, by notice in writing, may direct the holder of a luxury hire car licence to –

(a) produce to the Commission, within a specified period, the logbook carried in a luxury hire car operated by the holder of the licence; or

(b) provide the Commission, within a specified period, with such information from the logbook as the Commission specifies in the notice.

(3)  A person must comply with a direction given under this regulation within the specified period.

Penalty:  Fine not exceeding 10 penalty units.

25.   Inspection of logbook

(1)  An authorised officer, or a police officer, may direct the driver of a luxury hire car to immediately produce for inspection his or her logbook.

(2)  A driver must comply with a direction given under subregulation (1) .

Penalty:  Fine not exceeding 10 penalty units.

26.   Fare to be agreed in advance

(1)  The holder of a luxury hire car licence must not hire out a luxury hire car, or cause or permit a person to hire out a luxury hire car, unless the hiring charge for the vehicle has been agreed prior to the commencement of the hiring.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The driver of a luxury hire car must not undertake a hiring unless the hiring charge for the vehicle has been agreed prior to the commencement of the hiring.

Penalty:  Fine not exceeding 10 penalty units.

PART 6 - Miscellaneous

27.   Fees

(1)  In this regulation –

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

(2)  For the purposes of the Act, the fees specified in Schedule 2 are prescribed.

(3)  If a person fails to pay a fee required by the Act, other than the annual administration fee, the fee is a debt to the Commission and may be recoverable as such in a court of competent jurisdiction.

(4)  The fees specified in Schedule 2 are GST inclusive.

SCHEDULE 1 - Vehicle specifications

Regulation 8

1.   Approval of vehicle

The Commission may approve a vehicle for use as a luxury hire car in relation to one of the following groups if the vehicle complies with the specifications set out in this Schedule for that group:

(a) Group 1;

(b) Group 1A;

(c) Group 2;

(d) Group 2A.

2.   Group 1 vehicles

A Group 1 vehicle –

(a) is to have a minimum wheelbase of 2 800 millimetres; and

(b) is to have a value equal to or greater than the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and

(c) is to be classified as a small passenger vehicle; and

(d) must not have an age in excess of 7 years.

3.   Group 1A vehicles

A Group 1A vehicle –

(a) is to be a stretched or modified version of a Group 1 vehicle; and

(b) is to have a minimum wheelbase of 2 800 millimetres before stretching; and

(c) is to have a value equal to or greater than the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and

(d) is to be classified as a small passenger vehicle after stretching; and

(e) is to have a maximum age when approved of 7 years; and

(f) must not have an age in excess of 12 years.

4.   Group 2 vehicles

A Group 2 vehicle –

(a) is to have a minimum wheelbase of 2 800 millimetres; and

(b) is to have a value equal to or greater than a multiple of 2 times the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and

(c) is to be classified as a small passenger vehicle; and

(d) is to have a maximum age when approved of 7 years; and

(e) must not have an age in excess of 15 years.

5.   Group 2A vehicles

A Group 2A vehicle –

(a) is to be a stretched or modified version of a Group 2 vehicle; and

(b) is to have a minimum wheelbase of 2 800 millimetres before stretching; and

(c) is to have a value equal to or greater than a multiple of 2 times the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and

(d) is to be classified as a small passenger vehicle after stretching; and

(e) is to have a maximum age when approved of 7 years; and

(f) must not have an age in excess of 20 years.

SCHEDULE 2 - Fees

Regulation 27

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

Notified in the Gazette on 24 September 2008

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe for the purpose of the Taxi and Luxury Hire Car Industries Act 2008  –

(a) the licensing, operating and equipment requirements of luxury hire cars; and

(b) the fees payable in respect of the licensing of luxury hire cars and other related matters; and

(c) other miscellaneous matters.