Taxi 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 2008E. C. CRAWFORD
Administrator
By His Excellency's Command,
G. L. STURGES
Minister for Infrastructure
PART 1 - Preliminary
These regulations may be cited as the Taxi Industry Regulations 2008 .
These regulations take effect on the day on which section 3 of the Taxi and Luxury Hire Car Industries Act 2008 commences.
(1) In these regulations –Act means the Taxi and Luxury Hire Car Industries Act 2008 ;ADR 21 means the Vehicle Standard (Australian Design Rule 21/00 – Instrument Panel) 2006 published by virtue of the Motor Vehicles Standards Act 1989 of the Commonwealth, as amended from time to time;authorised meter adjuster means a person appointed by the Commission as an authorised meter adjuster under regulation 63 ;electronic seal, in relation to a taximeter, means an electronic device that renders the taximeter inoperative in the event of a person interfering with the taximeter;hiring period means the period between such time as a taxi that has been hired is put in motion until the time the taxi comes to a stop at the destination;metered fare means the fare displayed on the taximeter at the conclusion of the hiring period;metropolitan taxi area means any of the following taxi areas:(a) Hobart taxi area;(b) Launceston taxi area;(c) Devonport taxi area;(d) Burnie taxi area;not-for-hire sign means a sign that –(a) consists of the words "not for hire" in characters that are –(i) no smaller than 10 centimetres high and 5 centimetres wide; and(ii) in black type on a white background; and(b) is capable of being displayed in accordance with these regulations;registration plate means a number plate issued by the Registrar under the Vehicle and Traffic Act 1999 in respect of a vehicle's registration under that Act;relevant fares, in relation to a taxi, means the fares applicable in the taxi area within, to or from which the taxi is operating as authorised by the taxi licence;security camera system means a security camera and its components approved by the Commission under section 94 of the Act for use in taxis;security camera taxi area means any of the following taxi areas:(a) Hobart taxi area;(b) Launceston taxi area;(c) Devonport taxi area;(d) Burnie taxi area;(e) Ulverstone taxi area;(f) Perth taxi area;(g) West Tamar taxi area;specified fee means a fee specified in Schedule 5 ;tariff indicator light means a tariff indicator light that complies with regulation 30(2) ;taxi top-light means a top-light that complies with regulation 28(1) ;taximeter means an electronic instrument installed in a taxi that –(a) calculates the charge for hiring the taxi; and(b) indicates that charge in figures;total fare means the sum of –(a) the metered fare; and(b) each extra charge required to be paid under Schedule 3 ;wheelchair passenger means a person in a wheelchair who travels in a taxi and who –(a) satisfies the driver at the completion of the journey that he or she is a member of a transport concession scheme administered by the Department; or(b) presents to the taxi driver a taxi travel voucher issued under an equivalent travel concession scheme of another State or a Territory.(2) In these regulations, a reference to a taxi area by name is a reference to the taxi area of that name as described in the Act.
PART 2 - Taxi Licences
4. Form of perpetual taxi licences
A perpetual taxi licence is to be in such form as the Commission determines and is to include –(a) the name and address of the owner of the licence; and(b) the licence number; and(c) the taxi area within, to or from which the taxi service authorised by the licence may operate; and(d) the number of the licence number plate in force in respect of the licence.
5. Form of owner-operator taxi licences
An owner-operator taxi 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; and(c) the taxi area within, to or from which the taxi service authorised by the licence may operate; and(d) the number of the licence number plate in force in respect of the licence; and(e) any conditions imposed by the Commission on the licence.
6. Form of wheelchair-accessible taxi licences
A wheelchair-accessible taxi 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; 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 taxi area within, to or from which the taxi service authorised by the licence may operate; and(e) the number of the licence number plate in force in respect of the licence; and(f) any conditions imposed by the Commission on the licence.
7. Form of temporary taxi licences
A temporary taxi 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 temporary taxi licence; and(c) the taxi area within, to or from which the taxi service authorised by the licence may operate; and(d) the number of the licence number plate in force in respect of the licence; and(e) any conditions imposed by the Commission on the licence.
8. Leasing of perpetual taxi licences
(1) If the owner of a perpetual taxi licence leases or assigns the licence to another person, the owner of the licence must, within 14 days after signing the lease or assignment –(a) provide to the Commission a written notice –(i) stating the name and address of the person leasing, or undertaking the assignment of, the licence; and(ii) signed by each party to the lease or assignment; and(b) pay the specified fee.Penalty: Fine not exceeding 10 penalty units.(2) The Commission is to record the information provided under subregulation (1)(a) in the register of licences.(3) A lease or assignment does not take effect until the information is recorded in the register of licences under subregulation (2) .(4) Each party to a lease or assignment under this regulation must notify the Commission in writing of the termination of the lease or assignment within 7 days after that termination.Penalty: Fine not exceeding 10 penalty units.(5) It is a defence in proceedings for an offence under subregulation (4) if the defendant establishes that he or she was unaware of the termination of the lease or assignment.
The following persons must notify the Commission in writing of a change to his or her name or address within 14 days after the change occurs:(a) the owner of a perpetual taxi licence;(b) the responsible operator of a perpetual taxi licence;(c) the holder of an owner-operator taxi licence;(d) the holder of a wheelchair-accessible taxi licence;(e) the holder of a temporary taxi licence.Penalty: Fine not exceeding 5 penalty units.
10. Suspension of owner-operator taxi licences
For the purposes of section 36(1) of the Act, the prescribed circumstances in which the Commission may suspend an owner-operator taxi 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 Commission has suspended the accreditation of the holder of the licence in accordance with Part 2A of the Passenger Transport Act 1997 ;(d) 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.
11. Cancellation of owner-operator taxi licences
For the purposes of section 36(1) of the Act, the prescribed circumstances in which the Commission may cancel an owner-operator taxi 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 holder of the licence has failed to provide information required by the Commission under section 97 of the Act within 90 days after the expiry of the period specified in the notice given to the holder of the licence in accordance with that section;(d) if the holder of the licence has fees owing to the Commission that have been due for a period greater than 12 months;(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.
12. Suspension of wheelchair-accessible taxi licences
For the purposes of section 55(1) of the Act, the prescribed circumstances in which the Commission may suspend a wheelchair-accessible taxi 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 to 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 vehicle to which the licence applies ceases to meet the specifications required under the Act of a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi;(e) if the Commission has suspended the accreditation of the holder of the licence in accordance with Part 2A of the Passenger Transport Act 1997 ;(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.
13. Cancellation of wheelchair-accessible taxi licences
For the purposes of section 55(1) of the Act, the prescribed circumstances in which the Commission may cancel a wheelchair-accessible taxi 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 be registered and is likely to remain unregistered for a prolonged period;(d) if the vehicle to which the licence applies ceases to meet the specifications required under the Act of a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi;(e) if the vehicle to which the licence applies is more than 10 years of age;(f) if the holder of the licence has failed to provide information to the Commission under section 97 of the Act within 90 days after the expiry of the period specified in the notice given to the holder of the licence in accordance with that section;(g) if the Commission is satisfied that the holder of the licence has failed to provide a taxi service under the licence for more than 28 consecutive days;(h) if the holder of the licence has fees owing to the Commission that have been due for a period greater than 12 months;(i) if the holder of the licence is no longer in a position of authority in respect of the vehicle to which the licence relates;(j) 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 - Taxi Vehicles and Equipment
Division 1 - Vehicles
14. Vehicles suitable for use as taxi – vehicle specifications
(1) The responsible operator of a taxi licence must not operate a vehicle as a taxi unless the vehicle complies with the specifications set out in Schedule 1 .Penalty: Fine not exceeding 10 penalty units.(2) Subregulation (1) does not apply to a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi.(3) The responsible operator of a taxi licence must not operate a vehicle as one of the following forms of taxi unless the vehicle complies with the specifications set out in Schedule 1 to the Act:(a) a wheelchair-accessible taxi;(b) a remote area wheelchair-accessible taxi;(c) a substitute wheelchair-accessible taxi.Penalty: Fine not exceeding 10 penalty units.
15. Vehicles suitable for use as taxi – vehicle age
(1) This regulation does not apply to a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi.(2) The responsible operator of a taxi licence must not operate a vehicle as a taxi for the first time –(a) in the case of a taxi operating under a taxi licence relating to a metropolitan taxi area, if the vehicle is more than 5 years of age; or(b) in all other cases, if the vehicle is more than 7 years of age.Penalty: Fine not exceeding 20 penalty units.(3) Subregulation (2) does not apply to a vehicle if –(a) immediately before the first use of the vehicle as a taxi, the vehicle was used as a luxury hire car under the authority of a luxury hire car licence; and(b) the vehicle does not exceed the applicable age restriction specified in subregulation (4) .(4) The responsible operator of a taxi licence must not operate a vehicle as a taxi –(a) in the case of a taxi operating under a taxi licence relating to a metropolitan taxi area, if the vehicle is more than 8 years of age; or(b) in all other cases, if the vehicle is more than 10 years of age.Penalty: Fine not exceeding 20 penalty units.
16. Vehicles suitable for use as wheelchair-accessible taxi – vehicle age
A person must not operate a vehicle as a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi if the vehicle is more than 10 years of age.Penalty: Fine not exceeding 20 penalty units.
(1) In this regulation –AS 2444-2001 means the Australian Standard AS 2444-2001 entitled "Portable fire extinguishers and fire blankets – selection and location" issued and published by Standards Australia, as amended or substituted from time to time;AS 1851-2005 means the Australian Standard AS 1851-2005 entitled "Maintenance of fire protection systems and equipment" issued and published by Standards Australia, as amended or substituted from time to time.(2) The responsible operator of a wheelchair-accessible taxi licence must ensure that the taxi is fitted with a fire extinguisher selected and located in accordance with AS 2444-2001.Penalty: Fine not exceeding 10 penalty units.(3) If a taxi has been fitted with a fire extinguisher, the responsible operator of the taxi licence must ensure that the fire extinguisher is maintained in accordance with AS 1851-2005.Penalty: Fine not exceeding 10 penalty units.
Division 2 - Taximeters
18. Requirements for taximeters
A taximeter –(a) is to be programmed to calculate fares in accordance with the relevant fares for the taxi; and(b) during a hiring period, is to correctly and prominently display figures either continuously or at regular intervals that indicate –(i) the tariff under which the taxi is operating; and(ii) the fare at the point in time the fare is displayed; and(c) is to display the fare in Australian dollars; and(d) is to increase the recorded fare in increments of not more than 10 cents; and(e) is to be capable of –(i) being immediately set in motion by the driver of the taxi at the commencement of a hiring period; and(ii) being switched to a position so that the fare is held constant and prevented from increasing; and(iii) showing the fare constantly once the hiring period is completed.
(1) A person must not seal a taximeter unless the person is an authorised meter adjuster.Penalty: Fine not exceeding 10 penalty units.(2) The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a vehicle as a taxi –(a) if the taximeter installed in the taxi has not been sealed by an authorised meter adjuster with a tamperproof seal; and(b) if the taximeter is capable of being reprogrammed without breaking the tamperproof seal and the taximeter does not have an electronic seal applied to it.Penalty: Fine not exceeding 10 penalty units.(3) A person must not drive a taxi if the taximeter installed in the taxi –(a) has not been sealed with a tamperproof seal; or(b) has a tamperproof seal applied to the taximeter that the driver knows was not applied by an authorised meter adjuster.Penalty: Fine not exceeding 10 penalty units.
20. Requirement for taximeter to be installed in taxis
(1) The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a taxi unless the taxi is fitted with a taximeter that –(a) complies with the requirements of these regulations; and(b) is calculating and displaying the relevant fares for the taxi; and(c) has all of its seals intact.Penalty: Fine not exceeding 10 penalty units.(2) The driver of a taxi must not operate the taxi –(a) unless the taxi is fitted with a taximeter; or(b) if the driver knows, or reasonably ought to know, that the taximeter installed in the taxi is not calculating and displaying the relevant fares for the taxi; or(c) if a seal is broken on the taximeter.Penalty: Fine not exceeding 10 penalty units.
(1) A person must not program a taximeter unless the person is an authorised meter adjuster.Penalty: Fine not exceeding 20 penalty units.(2) A person must not program a taximeter to calculate fares other than the relevant fares for the taxi in which the taximeter is installed.Penalty: Fine not exceeding 20 penalty units.
22. Reprogramming of taximeters
If a taximeter installed in a taxi is reprogrammed in any way, the responsible operator of the taxi licence must submit the taximeter to an authorised meter adjuster for testing within 14 days after the taximeter has been reprogrammed.Penalty: Fine not exceeding 10 penalty units.
23. Installation of taximeters in taxis
(1) A taximeter is to be installed and illuminated so that the display can be readily seen by all forward-facing occupants of the taxi.(2) A taximeter is to be installed so that –(a) the taximeter does not degrade the energy absorption requirements of instrument panels designed to meet the requirements of ADR 21; and(b) the taximeter does not interfere with the operation of other equipment installed in the taxi; and(c) the controls of the taximeter are accessible to the driver when seated in the normal seating position; and(d) the taximeter is protected against any external source, including fluctuations in its electricity supply and electromagnetic radiation and magnetic fields, that may result in an inaccurate taximeter reading; and(e) the controls of the taximeter are located in a place that is unlikely to annoy a passenger in the taxi; and(f) the taximeter is unlikely to cause injury to an occupant of the vehicle during normal operation of the vehicle or in the event of severe acceleration or deceleration or in the event of an accident involving the vehicle.
24. Requirement to test taximeters
(1) The Commission, an authorised officer or a police officer may require a person to produce a taxi, at any time and place the Commission, authorised officer or police officer directs, for the purpose of inspecting and testing the taximeter fitted to it.(2) An authorised officer or a police officer may require a person to present a taxi to an authorised meter adjuster at any time for the purpose of testing the taximeter in accordance with regulation 65 .(3) A person must produce a taxi for inspection or testing as required under this regulation.Penalty: Fine not exceeding 10 penalty units.(4) An authorised meter adjuster who tests a taximeter as a result of a requirement under subregulation (2) is to provide a copy of the test certificate or similar document issued under regulation 66 to the Commission within 7 days after the testing of the taximeter.Penalty: Fine not exceeding 10 penalty units.
25. Evidence of testing to be provided
The responsible operator of a taxi licence must produce the most recent evidence of testing of a taximeter installed in the taxi provided under regulation 66 if requested to do so by an authorised officer or police officer within 7 days after receiving that request.Penalty: Fine not exceeding 10 penalty units.
(1) Subject to subregulations (2) and (3) , if a taxi is hired for the carriage of passengers, the driver must –(a) at the commencement of the hiring period and not before, start the taximeter; and(b) immediately at the conclusion of the hiring period, stop the taximeter or operate it to hold the reading constant.Penalty: Fine not exceeding 10 penalty units.(2) Subregulation (1) does not apply to a taxi being used for the carriage of passengers –(a) in order to attend a wedding or funeral; or(b) under a contract or agreement that is –(i) in a form approved by the Commission; and(ii) entered into between the responsible operator of the taxi licence and the person hiring the taxi.(3) Subregulation (1) does not apply to a taxi that is being used to provide a limited passenger service in accordance with section 15A of the Passenger Transport Act 1997 .
27. Interference with taximeters
(1) A person must not interfere, or cause or permit another person to interfere, with a taximeter installed in a taxi –(a) so as to prevent the taximeter from operating as required by the Act or any other Act; or(b) with the intention of preventing the taximeter from so operating; or(c) in a manner that enables, or is intended to enable, the normal operation of the taximeter to be overridden.Penalty: Fine not exceeding 10 penalty units.(2) The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a taxi if a device or system is installed in the taxi, or a modification is made to the taxi, that –(a) interferes or is intended to interfere with the operation of the taximeter installed in the taxi; or(b) enables, or is intended to enable, the normal operation of the taximeter to be overridden.Penalty: Fine not exceeding 10 penalty units.
Division 3 - Signs, lights and communication devices
(1) A taxi is to be fitted with a top-light that –(a) is affixed to the exterior roof of the taxi; and(b) has at least one enclosed light that –(i) shows white light towards the front of the vehicle; and(ii) does not show any white light towards the rear of the vehicle; and(iii) is capable of illuminating the top-light; and(iv) is capable of being illuminated when the taximeter installed in the taxi is not operating; and(v) is clearly visible when illuminated in daylight; and(c) displays to the front of the taxi the word "taxi" or similar words to indicate that the vehicle is a taxi; and(d) has a device visible to the driver, when seated in the normal driving position, to indicate whether or not the top-light is illuminated.(2) A taxi top-light is to be switched off if –(a) the taxi is not available for hire; or(b) the taxi is engaged.(3) A taxi top-light is to be on when the vehicle is available for hire unless the vehicle is standing for hire in a taxi zone during daylight.(4) The following lights may be incorporated into a taxi top-light:(a) rear position side lights;(b) stop lights;(c) directional indicator lights.(5) Additional lights fitted under subregulation (4) are to be –(a) positioned in pairs symmetrically on the vehicle; and(b) at least 400 millimetres apart.(6) The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a taxi unless the taxi is fitted with a taxi top-light that –(a) complies with this regulation; and(b) is fully operational.Penalty: Fine not exceeding 5 penalty units.(7) The driver of a taxi must not operate the taxi unless the taxi is fitted with a taxi top-light that –(a) complies with this regulation; and(b) is fully operational.Penalty: Fine not exceeding 5 penalty units.
29. Interference with taxi top-lights
A person must not interfere, or cause or permit another person to interfere, with a taxi top-light in or on a taxi –(a) to prevent the taxi top-light from operating as required by the Act or any other Act; or(b) with the intention of preventing the taxi top-light from so operating; or(c) in a manner that enables, or is intended to enable, the normal operation of the taxi top-light to be overridden.Penalty: Fine not exceeding 5 penalty units.
(1) A taxi is to be fitted with –(a) in the case of a wheelchair-accessible taxi, a remote area wheelchair-accessible taxi, a substitute wheelchair-accessible taxi or a vehicle providing a service equivalent to a wheelchair-accessible taxi service in accordance with section 93 of the Act, 3 tariff indicator lights; or(b) in all other cases, 2 tariff indicator lights.(2) A tariff indicator light is to be –(a) yellow or amber in colour; and(b) in the case of the first two such lights, mounted on each side of the taxi top-light; and(c) in the case of the third such light, mounted centrally on top of the taxi top-light; and(d) fitted with globes of not less than 4 and not more than 6 watts; and(e) wired so that when the taximeter is operating –(i) in the first tariff, the light on the left or near side of the taxi top-light is illuminated; and(ii) in the second tariff, the light on the left or near side of the taxi top-light and the light on the right or far side of the taxi top-light are illuminated; and(iii) in the third tariff, the central light and the light on the left or near side of the taxi top-light are illuminated; and(iv) in the fourth tariff, all 3 lights are illuminated.(3) A tariff indicator light is not to be fitted with reflectors.(4) The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a taxi used to provide a service unless the taxi is fitted with tariff indicator lights that –(a) comply with this regulation; and(b) are fully operational.Penalty: Fine not exceeding 10 penalty units.(5) The driver of a taxi must not operate the taxi unless the taxi is fitted with tariff indicator lights that –(a) comply with this regulation; and(b) are fully operational.Penalty: Fine not exceeding 10 penalty units.
31. Interference with tariff indicator lights
A person must not interfere, or cause or permit another person to interfere, with tariff indicator lights in or on a taxi –(a) to prevent the tariff indicator lights from operating as required by the Act or any other Act; or(b) with the intention of preventing the tariff indicator lights from so operating; or(c) in a manner that enables, or is intended to enable, the normal operation of the tariff indicator lights to be overridden.Penalty: Fine not exceeding 10 penalty units.
32. Removal of taxi top-light and tariff indicator lights
(1) The responsible operator of a taxi licence must ensure that the taxi top-light and the tariff indicator lights affixed to the taxi are removed while the taxi is being used –(a) to provide a limited passenger service in accordance with the Passenger Transport Act 1997 ; or(b) to carry passengers in order to attend a wedding or funeral; or(c) to carry passengers under a contract or agreement that is –(i) in a form approved by the Commission; and(ii) entered into between the responsible operator of the taxi licence, or his or her agent, and another person.Penalty: Fine not exceeding 10 penalty units.(2) Regulations 28 and 30 do not apply to a taxi which has its taxi top-light and tariff indicator lights removed in accordance with this regulation.
(1) A taxi is to carry a not-for-hire sign that –(a) may be incorporated in the taxi top-light; and(b) if capable of being illuminated, is to be constructed so that when the not-for-hire sign is illuminated the taxi top-light is not illuminated.(2) The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a taxi under the authority of the taxi licence unless the taxi carries a not-for-hire sign that complies with this regulation.Penalty: Fine not exceeding 5 penalty units.(3) The driver of a taxi must display a not-for-hire sign when the taxi is being driven on a public street and –(a) a piece of equipment that is required under the Act to be installed in the taxi is –(i) not installed; or(ii) not operational; or(b) the taxi does not have a licence number plate displayed in accordance with these regulations; or(c) the taxi is otherwise not available for hire.Penalty: Fine not exceeding 5 penalty units.(4) The driver of a taxi must ensure that when a not-for-hire sign is required to be displayed it is displayed inside the taxi at the top left-hand side of the windscreen without being attached to the windscreen, so that the sign –(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 sign above or to either side of the taxi.Penalty: Fine not exceeding 5 penalty units.(5) Subregulation (4) does not apply if the not-for-hire sign is incorporated into the taxi top-light in accordance with subregulation (1)(a) .(6) The driver of a taxi must not accept a hiring if the not-for-hire sign is displayed.Penalty: Fine not exceeding 5 penalty units.
(1) In this regulation –radio dispatch system means a system that enables two-way contact between the driver of the vehicle and a taxi dispatch service, or other communication network, for purposes including the allocation of work to drivers.(2) If a radio dispatch system is installed in a taxi, the radio dispatch system must –(a) not degrade the energy absorption requirements of instrument panels designed to meet the requirements of ADR 21; and(b) not interfere with the operation of other equipment required to be installed in the taxi; and(c) have controls that are –(i) accessible to the driver of the taxi while seated in the normal seating position; and(ii) located in a place that is unlikely to annoy a passenger in the taxi; and(d) be unlikely to cause injury to an occupant of the vehicle during normal operation of the vehicle or in the event of severe acceleration or deceleration, or in the event of an accident involving the vehicle.(3) If a radio dispatch system is installed in a taxi, the responsible operator of the taxi licence must ensure that the system complies with this regulation.Penalty: Fine not exceeding 5 penalty units.
Division 4 - Security cameras
In this Division –download means to copy a video recording from a security camera system to another storage device, including a disk or tape, or to print an image from a security camera system;security camera taxi licence means a taxi licence in force in respect of a security camera taxi area;video recording includes –(a) electronically stored material from which a recorded image or recorded sound can be generated or reproduced; and(b) a printed image from such material.
36. Duty and power to install security camera systems
(1) The responsible operator of a security camera taxi licence must ensure that a security camera system is installed in the taxi that is providing a taxi service under the authority of the licence.Penalty: Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.(2) The responsible operator of a security camera taxi licence must not cause or permit a person to operate a taxi under the authority of the licence unless a security camera system is installed in the taxi.Penalty: Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.(3) The driver of a taxi providing a taxi service under the authority of a security camera taxi licence must not operate the taxi unless a security camera system is installed in the taxi.Penalty: Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.(4) The responsible operator of a taxi licence that is not a security camera taxi licence may fit a security camera system in a taxi that provides a taxi service under the authority of the licence.
37. Installation of security camera systems
(1) A person must not install a camera system in a taxi unless the system is a security camera system.Penalty: Fine not exceeding 20 penalty units.(2) A person installing a security camera system in a taxi must install the system in accordance with Schedule 2 .Penalty: Fine not exceeding 20 penalty units.
38. Security camera system signs
(1) If a security camera system is installed in a taxi, the responsible operator of the taxi licence must also display security camera signs that comply with this regulation in the taxi.Penalty: Fine not exceeding 5 penalty units.(2) A security camera sign is to be –(a) in a form approved by the Commission; and(b) permanently affixed above or adjacent to –(i) each external door handle if the taxi is a sedan or station wagon; or(ii) each external door handle, including the external rear-door handle if the vehicle has rear access for a wheelchair, if the taxi is a van; and(c) able to be read from outside the vehicle; and(d) clear and unobscured.(3) A security camera system sign may only be affixed to window glass above or adjacent to an external door handle if the glass does not move in a manner that would obstruct the security camera system sign.
39. Testing of security camera systems
(1) A security camera system is to be tested by the manufacturer, or agent of the manufacturer, in the following circumstances to ensure that the system is fully operational:(a) as part of the installation process of the security camera system;(b) in accordance with subregulation (5) ;(c) as required by an authorised officer or police officer.(2) If an authorised officer or a police officer requires the testing of the security camera system of a taxi, the responsible operator of the taxi licence must present the taxi for testing of the security camera system at a time and place specified by the officer.Penalty: Fine not exceeding 10 penalty units.(3) When having the security camera system tested, the responsible operator of the taxi licence is to –(a) have the system tested by the manufacturer, or agent of the manufacturer, in accordance with the test regime specified by the manufacturer of the camera system installed; and(b) cause the system to be readjusted if required for the system to be fully operational.(4) The responsible operator of a taxi licence must display written evidence of the most recent testing of the security camera system that is –(a) in a form approved by the Commission; and(b) attached at the upper left-hand side of the inside of the windscreen of the taxi; and(c) able to be read from inside the vehicle; and(d) not obscured or covered.Penalty: Fine not exceeding 5 penalty units.(5) The responsible operator of a taxi licence must ensure that the security camera system installed in the taxi is tested by the manufacturer, or agent of the manufacturer, in accordance with this regulation each 12-month period after its installation.Penalty: Fine not exceeding 20 penalty units.(6) Nothing in this regulation prevents the responsible operator of a taxi licence from voluntarily submitting a security camera for testing.
40. Operation of security camera systems
(1) The responsible operator of a security camera taxi licence must not operate a taxi, or cause or permit a vehicle to be operated as a taxi, unless the security camera system installed in the taxi or vehicle indicates it is fully operational.Penalty: Fine not exceeding 20 penalty units.(2) The driver of a vehicle with a security camera system installed must not use the vehicle as a taxi unless –(a) the security camera system indicates it is fully operational; and(b) the camera lens is clear and free of all obstructions.Penalty: Fine not exceeding 20 penalty units.(3) A person must not interfere, or cause or permit another person to interfere, with a part of a security camera system installed in a taxi –(a) so as to prevent the security camera system from operating as required by the Act or any other Act; or(b) with the intention of preventing the security camera system from so operating; or(c) in a manner that enables, or is intended to enable –(i) the normal operation of the security camera system to be overridden; or(ii) the security camera system to be disengaged.Penalty: Fine not exceeding 20 penalty units.(4) The responsible operator of a security camera taxi licence must not operate, or cause or permit another person to operate, a taxi if a device or system is installed in the taxi that –(a) interferes or is intended to interfere with the operation of the security camera system installed in the taxi; or(b) enables, or is intended to enable –(i) the normal operation of the security camera system to be overridden; or(ii) the security camera system to be disengaged.Penalty: Fine not exceeding 20 penalty units.
41. Downloading video recordings
(1) A person must not download a video recording from a security camera system unless –(a) the person has received a copy of a police incident report, or a police incident number, of a matter in respect of which the video recording may be relevant; or(b) the person is acting at the direction of a police officer, an authorised officer or the Commissioner of Police; or(c) the person is acting pursuant to an order or direction of a court or tribunal constituted by law; or(d) it is necessary to reset the security camera system; or(e) it is required as part of the installation or testing procedure of the security camera system.Penalty: Fine not exceeding 30 penalty units.(2) If a video recording is downloaded under subregulation (1)(d) or (e) and is not required for a police investigation, or legal proceedings, under regulation 42 , the person downloading the video recording must –(a) keep the video recording for a period of 60 days from the day the video recording was downloaded; and(b) at the end of that 60-day period, dispose of the video recording in accordance with regulation 44 .Penalty: Fine not exceeding 30 penalty units.(3) A video recording is required for police investigations, or legal proceedings, if a police officer requests a copy of that recording under regulation 42(2) within the 60 days referred to in subregulation (2) .
42. Video recordings used for legal proceedings
(1) A person who downloads a video recording under regulation 41(1)(a) , (b) or (c) must –(a) forward a copy of the recording to the police as soon as possible; and(b) keep the original video recording and any copy of the recording until notified to dispose of the recording under subregulation (5) .Penalty: Fine not exceeding 30 penalty units.(2) A police officer may request a copy of a video downloaded under regulation 41(1)(d) or (e) if a copy of the recording is required for police investigations or legal proceedings.(3) If a police officer requests a copy of a video recording under subregulation (2) , the person with the original video recording must –(a) comply with the request; and(b) keep the original video recording and any copy of the recording until notified to dispose of the recording under subregulation (5) .Penalty: Fine not exceeding 30 penalty units.(4) The Commissioner of Police is to –(a) store a video recording received under subregulation (1) or (2) ; or(b) dispose of the video recording, and any copy of the video recording, in accordance with regulation 44 .(5) The Commissioner of Police is to issue a notice in writing to a person keeping a video recording or copy under subregulation (1) or (3) requiring the person to dispose of the original video recording, and any copy of the recording, held by the person.(6) A person who has received a notice issued under subregulation (5) must comply with the notice.Penalty: Fine not exceeding 30 penalty units.
43. Use and storage of video recordings
(1) In this regulation –unauthorised purpose means a purpose that is not connected with –(a) the investigation of an alleged offence by a police officer or an authorised officer; or(b) the prosecution of, or the issue of a notice in respect of, an alleged offence; or(c) the testing of a security camera system in accordance with these regulations.(2) A person must not use a video recording made by, or downloaded from, a security camera system, or a copy of such a video recording, for an unauthorised purpose.Penalty: Fine not exceeding 30 penalty units.(3) A person in possession of a video recording made by, or downloaded from, a security camera system, or a copy of such a video recording, must ensure that the recording or copy is not misplaced or used for an unauthorised purpose.Penalty: Fine not exceeding 30 penalty units.
44. Disposal of video recordings
A video recording, or a copy of a video recording, is to be disposed of by –(a) deleting the original video recording or copy; or(b) permanently removing any trace of the recording or copy from its storage device; or(c) destroying the recording or copy so that it is no longer possible to access the recording or copy.
Division 5 - Licence number plates and labels
45. Obligation to display licence number plates
(1) This regulation applies if the Commission has issued a licence number plate in respect of a taxi licence in accordance with section 89 of the Act.(2) In the case of a taxi licence other than a wheelchair-accessible taxi licence, the responsible operator of the taxi licence must ensure that the licence number plate –(a) is affixed in accordance with subregulation (5) to the taxi being used to provide the taxi service under the authority of the licence; and(b) remains so affixed while the vehicle is operating as a taxi.Penalty: Fine not exceeding 10 penalty units.(3) In the case of a wheelchair-accessible taxi licence, the responsible operator of the wheelchair-accessible taxi licence must ensure that the licence number plate –(a) is affixed in accordance with subregulation (5) to the taxi shown on the register of licences as the vehicle to which the licence relates; and(b) remains so affixed while the vehicle is operating as a taxi.Penalty: Fine not exceeding 10 penalty units.(4) It is a defence in proceedings for an offence under subregulation (2) or (3) if the defendant establishes that, when the offence allegedly occurred –(a) the licence number plate had been –(i) returned to the Commission in accordance with regulation 46 ; 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 accordance with regulation 47 ; and(c) a replacement licence number plate had not been issued.(5) 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.(6) The owner of a perpetual taxi licence or the responsible operator of the taxi 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 taxi being used to provide a taxi service authorised by the licence.Penalty: Fine not exceeding 10 penalty units.(7) The holder of an owner-operator taxi 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 taxi being used to provide the taxi service authorised by the licence.Penalty: Fine not exceeding 10 penalty units.(8) The holder of a wheelchair-accessible taxi 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 shown in the register of licences as the taxi to which the licence relates.Penalty: Fine not exceeding 10 penalty units.(9) The holder of a temporary taxi 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 taxi being used to provide the taxi service authorised by the licence.Penalty: Fine not exceeding 10 penalty units.(10) If the licence to which a licence number plate relates lapses in accordance with section 14(1) , section 30(1) or section 48(1) of the Act, the holder of the licence must remove, or cause to be removed, the licence number plate from the vehicle used to provide the taxi service before the licence lapsed.Penalty: Fine not exceeding 20 penalty units.(11) If the licence to which a licence number plate relates is suspended, the holder of the licence must remove, or cause to be removed, the licence number plate from the vehicle used to provide the taxi service under the authority of the licence before the period of suspension.Penalty: Fine not exceeding 20 penalty units.(12) If the licence to which the licence number plate relates is cancelled or surrendered to the Commission, the person who was the responsible operator of the taxi licence must remove, or cause to be removed, the licence number plate from the vehicle used to provide the taxi service under the authority of the licence before the licence was cancelled or surrendered.Penalty: Fine not exceeding 20 penalty units.
46. Return of licence number plates to Commission
(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) The 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.
47. 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.
48. Void licence number plates
(1) The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a taxi 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.
49. Replacement licence number plates
(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 48(3) .(2) On receipt of the 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.
(1) The Commission may issue a distinctive label to the holder of a taxi licence or, in the case of a perpetual taxi licence, to the owner of the licence or the responsible operator.(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 the 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.
51. Obligation to display labels
If the Commission has issued a label under regulation 50 in respect of a taxi, the responsible operator of the taxi licence 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 vehicle unless otherwise specified by the Commission in writing.Penalty: Fine not exceeding 5 penalty units.
52. 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 responsible operator of the taxi licence must ensure that while the vehicle is operating as a taxi the inspection label remains affixed to it.Penalty: Fine not exceeding 5 penalty units.
53. Obligation to display temporary taxi licence labels
(1) If a temporary taxi licence is issued under section 58 of the Act, the Commission is to issue a label –(a) in such form as the Commission determines; and(b) that states the expiry date of the temporary taxi licence.(2) The holder of the temporary taxi licence issued with a label under this regulation must ensure the label is affixed to the taxi operating under the licence in accordance with the Commission's written instructions and remains so affixed while the vehicle is operating as a taxi.Penalty: Fine not exceeding 5 penalty units.(3) The holder of a temporary taxi licence must remove a label affixed under subregulation (2) immediately after the expiry of the licence.Penalty: Fine not exceeding 5 penalty units.
(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 practical 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 4 - Operation of Taxis
55. Standard fares and charges
The standard fares and additional charges for the hire of a taxi are as set out in Schedule 3 .
(1) The Commission may pay a trip subsidy to the holder of a wheelchair-accessible taxi licence for each journey on which the taxi operating under the authority of the licence carries at least one wheelchair passenger.(2) The trip subsidy is to be the amount specified in Schedule 4 for the taxi area in relation to which the wheelchair-accessible taxi licence is in force.(3) Before paying a trip subsidy, the Commission may require the holder of the licence to provide such evidence of the journey as the Commission considers necessary.
(1) In this regulation –assistance animal means an animal referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.(2) A driver who accepts a hiring must travel by –(a) the route nominated by the passenger; or(b) if no route is nominated, the most direct route that may be reasonably used from the point at which the taxi was hired to the destination stated by the passenger.Penalty: Fine not exceeding 10 penalty units.(3) The driver of a taxi must not operate the taxi while the taximeter is operating on the wrong tariff for the hiring.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 –(a) under a wheelchair-accessible taxi licence; or(b) under a temporary taxi licence that authorises the provision of a wheelchair-accessible taxi service; or(c) under the authorisation of the Commission given under section 93 of the Act.Penalty: Fine not exceeding 10 penalty units.(5) A driver must not –(a) refuse to accept a hiring while the driver's taxi is in a taxi zone within the taxi area specified on the taxi licence under which the taxi is providing a taxi service; or(b) permit a person to ride in or on the driver's taxi without the consent of the hirer of the taxi; or(c) when the driver's taxi is in a taxi zone, fail to stand the taxi in the foremost vacant space within that zone; or(d) leave his or her taxi unattended in a taxi zone without reasonable grounds for doing so; or(e) prevent a taxi from leaving a taxi zone; or(f) inform a person that the person is required to hire the taxi standing in the foremost space within the taxi zone; or(g) advise a person that a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi is not able to be hired without a wheelchair passenger; or(h) refuse to transport an assistance animal of a passenger with a disability.Penalty: Fine not exceeding 10 penalty units.(6) It is a defence in proceedings under subregulation (5)(a) if the defendant establishes that –(a) he or she had reasonable grounds for believing that the intending hirer –(i) would not be able to pay for the hiring; or(ii) represented a real or potential threat to the defendant's physical safety or to the safe operation of the taxi; or(b) the taxi was unable to appropriately and safely transport –(i) a proposed passenger; or(ii) a proposed item.
58. Requirements for drivers and responsible operators of wheelchair-accessible taxis
(1) The holder of a wheelchair-accessible taxi licence must not allow a person to drive a wheelchair-accessible taxi under the authority of the licence unless the person has successfully completed a driver training component, approved by the Commission, for conveying persons with disabilities.Penalty: Fine not exceeding 20 penalty units.(2) The driver of a wheelchair-accessible taxi must ensure that a wheelchair carried in the taxi is restrained in the wheelchair restraint assembly installed in the taxi in accordance with AS 2942.Penalty: Fine not exceeding 20 penalty units.
59. Standing in public streets
A driver must not stand a taxi in a public street when the taxi is not being used for the carriage of passengers under the authority of a taxi licence unless –(a) the place where the taxi is standing is a taxi zone within the taxi area specified on the taxi licence under which the taxi is providing a taxi service; or(b) in any other case, a not-for-hire sign is displayed on the taxi in accordance with these regulations.Penalty: Fine not exceeding 10 penalty units.
(1) A person must not solicit, in a public place, another person to hire a taxi.(2) A person must not cause or permit a person to solicit, in a public place, another person to hire a taxi.(3) Nothing in subregulation (1) or (2) prevents a taxi from –(a) being hired when it is standing for hire on a taxi zone; or(b) being hailed.
(1) A driver must not charge a passenger more than the total fare for the hiring period.Penalty: Fine not exceeding 10 penalty units.(2) A driver must not charge a passenger for any period during which the taxi is delayed because of any of the following causes:(a) a lack of fuel for the taxi;(b) a mechanical breakdown of the taxi;(c) a traffic accident involving the taxi;(d) the lawful closure of a road or bridge, if the closure was publicly notified in a newspaper before the hiring period;(e) the directions or actions of a police officer or authorised officer who is investigating the commission or possible commission of an offence involving the driver or the taxi;(f) an event that the driver, with reasonable foresight, could have prevented or avoided.Penalty: Fine not exceeding 10 penalty units.(3) Before accepting any hiring, a driver may request payment of a deposit that does not exceed the expected cost of the hiring.
The responsible operator of a taxi licence must cause to be displayed in the taxi providing a service a prominent notice of the relevant fares and charges applicable to the taxi.Penalty: Fine not exceeding 10 penalty units.
PART 5 - Authorised Meter Adjusters
63. Appointment of authorised meter adjusters
(1) A person may apply to the Commission to be appointed as an authorised meter adjuster.(2) An application for appointment as an authorised meter adjuster is to be –(a) in a form approved by the Commission; and(b) accompanied by the specified fee.(3) The Commission is to appoint a person as an authorised meter adjuster –(a) as necessary for the exercise or performance by the Commission of its powers and functions with regard to the testing, sealing and programming of taximeters; and(b) on such terms and conditions as the Commission thinks fit.(4) An authorised meter adjuster must not, in giving any information to the Commission –(a) make a statement that he or she knows, or reasonably ought to know, is false or misleading; or(b) make an omission from the information given to the Commission if he or she knows, or reasonably ought to know, that as a result of the omission the information given to the Commission is false or misleading.Penalty: Fine not exceeding 50 penalty units.(5) The Commission is to refuse an application for appointment as an authorised meter adjuster if the Commission –(a) is satisfied that the person is not a fit and proper person to be so appointed; or(b) is not satisfied that the applicant will be able to comply with the requirements set out in these regulations for authorised meter adjusters; or(c) is not satisfied that the applicant is competent to undertake the duties of an authorised meter adjuster.
(1) The Commission may issue an authorised meter adjuster with a pair of sealing pliers on payment of the specified fee.(2) Sealing pliers issued under subregulation (1) remain the property of the Commission.(3) An authorised meter adjuster must surrender the sealing pliers if requested to do so by the Commission.Penalty: Fine not exceeding 10 penalty units.(4) An authorised meter adjuster must not transfer the sealing pliers to another person.Penalty: Fine not exceeding 10 penalty units.(5) If a pair of sealing pliers is lost, destroyed or damaged, the authorised meter adjuster who was issued with those pliers must inform the Commission in writing as soon as practicable after the loss or damage is discovered.Penalty: Fine not exceeding 5 penalty units.(6) The Commission is to issue a replacement pair of sealing pliers, on payment of the specified fee, to an authorised meter adjuster whose pliers are lost, destroyed or damaged.
An authorised meter adjuster is to test a taximeter to verify that the taximeter is –(a) operating with a margin of error no greater than 1.5%; and(b) correctly –(i) measuring elapsed time and distance travelled; and(ii) calculating and displaying the relevant fares.
(1) After testing a taximeter in accordance with these regulations, an authorised meter adjuster is to provide a test certificate, or similar document, to the responsible operator of the taxi licence –(a) stating whether or not the taximeter is correctly measuring waiting times and distances travelled and calculating and displaying fares in accordance with the relevant fares; and(b) setting out any other information that the authorised meter adjuster considers relevant.(2) An authorised meter adjuster must not issue a test certificate or similar document that is false or misleading in any way.Penalty: Fine not exceeding 10 penalty units.(3) An authorised meter adjuster must issue a copy of a test certificate or similar document to the Commission if requested to do so by the Commission.Penalty: Fine not exceeding 10 penalty units.
(1) An authorised meter adjuster must not seal a taximeter under these regulations unless he or she has tested the taximeter and verified that the taximeter complies with regulation 65 .Penalty: Fine not exceeding 10 penalty units.(2) An authorised meter adjuster who has tested a taximeter and found that the taximeter complies with these regulations must seal the taximeter –(a) with a tamperproof seal; and(b) in such a manner as to prevent any physical interference with the internal workings of the taximeter without the seal being broken.Penalty: Fine not exceeding 10 penalty units.(3) If a taximeter would be able to be electronically interfered with without breaking a tamperproof seal once the seal was affixed, the authorised meter adjuster must –(a) ensure that the taximeter has an electronic seal affixed to the taximeter; and(b) once satisfied of paragraph (a) , seal the taximeter with a tamperproof seal.Penalty: Fine not exceeding 10 penalty units.
68. Records to be kept by authorised meter adjusters
(1) An authorised meter adjuster must make a written record of each taximeter that he or she seals as soon as practicable after the work is undertaken.Penalty: Fine not exceeding 10 penalty units.(2) The record to be kept under subregulation (1) is to include –(a) the date the taximeter was tested and sealed; and(b) the registration number of the vehicle in which the taximeter is installed; and(c) the serial number of the taximeter; and(d) the previous seal identification, if any; and(e) the nature of the work undertaken; and(f) the new seal identification, if any; and(g) any further information that the Commission, by notice in writing, requires.(3) The Commission, by notice in writing, may require an authorised meter adjuster to supply the Commission, within a specified period, with any information required to be kept under this regulation.(4) An authorised meter adjuster must comply with a written notice under subregulation (3) within the specified period.Penalty: Fine not exceeding 10 penalty units.
69. Resignation of appointment as authorised meter adjuster
(1) An authorised meter adjuster may resign from his or her appointment as an authorised meter adjuster by notifying the Commission in writing.(2) An authorised meter adjuster who resigns must return the sealing pliers issued under regulation 64 to the Commission within 14 days after providing notification under subregulation (1) .Penalty: Fine not exceeding 10 penalty units.(3) The Commission is to refund the fee paid in respect of the sealing pliers on their return to the Commission.
70. Suspension or cancellation of appointment as authorised meter adjuster
(1) The Commission may suspend or cancel the appointment of a person as an authorised meter adjuster if –(a) the person fails to comply with the terms and conditions under which he or she was appointed as an authorised meter adjuster; or(b) the person fails to comply with the requirements set out in these regulations for authorised meter adjusters; or(c) the person deliberately, or incompetently, incorrectly programs a taximeter; or(d) the Commission is satisfied that the person is not a fit and proper person to be an authorised meter adjuster.(2) If the Commission proposes to suspend or cancel the appointment of a person as an authorised meter adjuster, the Commission is to –(a) give the person notice in writing of its intention to suspend or cancel his or her appointment; and(b) give the person a reasonable opportunity to make representations to the Commission regarding the proposed suspension or cancellation; and(c) take any such representations into account in exercising its power under this regulation.(3) If the appointment of a person as an authorised meter adjuster is suspended, the Commission is to notify the person in writing of –(a) the suspension; and(b) the commencement date and duration period of the suspension.(4) If the appointment of a person as an authorised meter adjuster is cancelled, the Commission –(a) is to notify the person in writing –(i) of the cancellation; and(ii) of the date the cancellation takes effect; and(iii) that he or she is to return the sealing pliers issued under regulation 64 to the Commission; and(b) at its discretion, is to refund the fee paid in respect of the sealing pliers on their return to the Commission.
PART 6 - Miscellaneous
If any property left in a taxi remains unclaimed for 7 days, the responsible operator of the taxi licence under which the taxi is providing the taxi service must deliver the property within a further 5 days to a police station.Penalty: Fine not exceeding 5 penalty units.
In any proceedings under these regulations –(a) evidence that the tariff indicator light on the left or near side of the taxi top-light was illuminated at a particular time or place is evidence that the taximeter was operating at the first tariff at that time or place; and(b) evidence that the tariff indicator light on the left or near side of the taxi top-light and the tariff indicator light on the right or far side of the taxi top-light were illuminated at a particular time or place is evidence that the taximeter was operating at the second tariff at that time or place; and(c) evidence that the central tariff indicator light and the tariff indicator light on the left or near side of the taxi top-light were illuminated at a particular time or place is evidence that the taximeter was operating at the third tariff at that time or place; and(d) evidence that all tariff indicator lights were illuminated at a time or place is evidence that the taximeter was operating at the fourth tariff at that time or place.
(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 5 are prescribed.(3) If a person fails to pay a fee required by the Act, other than an 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 5 are GST inclusive.
(1) Division 4 of Part 3 does not apply to the responsible operator of a taxi licence in the Perth or West Tamar taxi area until the earlier of the following events:(a) a security camera system is installed in the taxi;(b) 12 months has passed since the commencement of these regulations.(2) A security camera test label that complies with item 4 of Schedule 2 to the Taxi Industry Regulations 1996 is taken to be written evidence of the most recent testing of a security camera system until the security camera system is tested in accordance with regulation 39 .(3) A video recording from a security camera system that, immediately before the commencement of these regulations, was downloaded and stored under Part 5A of the Taxi Industry Regulations 1996 , is taken to have been downloaded and stored under Division 4 of Part 3 of these regulations.(4) A person who was a taximeter sealer, appointed under regulation 23A of the Taxi Industry Regulations 1996 , immediately before the commencement of these regulations is taken to be an authorised meter adjuster for the purposes of these regulations.(5) A person who was issued with sealing pliers in accordance with regulation 23A(4) of the Taxi Industry Regulations 1996 is taken to have been issued with those sealing pliers in accordance with these regulations.
SCHEDULE 1 - Vehicle specifications
1. The following vehicle specifications apply to a taxi that is not a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi:(a) the vehicle must be a small passenger vehicle that is designed and constructed primarily for the purpose of carrying passengers;(b) the vehicle must have an access door provided adjacent to each outboard seating position;(c) the vehicle must provide adequate luggage space –(i) in the case of a sedan-style vehicle, external to the passenger compartments; or(ii) in the case of a station wagon-style vehicle to the rear of the rearmost seat occupied by a passenger.
SCHEDULE 2 - Security camera system installation
PART 1 - General
1. Interpretation(1) In this Schedule –rear-vision camera means an internal camera that is positioned above the internal rear-vision mirror in a taxi.(2) A word or phrase used in this Schedule but not defined in it has the same meaning as it has for the purposes of Division 4 of Part 3 .
PART 2 - Installation
1. Installation of security camera system(1) A security camera system must be installed in accordance with the manufacturer's instructions.(2) A security camera system includes all cameras installed in the taxi and must include at least one rear-vision camera.(3) All cameras must be mounted in such a manner as to prevent misalignment of the field of view, except in the case of a vehicle accident or other severe impact.(4) The cameras and all system components must be installed in a manner that does not interfere with the driver's vision or view of mirrors, or with other normal operations of the vehicle.(5) Apart from an internal camera referred to in clause 3 , all internal components of the security camera system must be concealed.
2. Rear-vision camera(1) The rear-vision camera must provide a clear view of the taxi driver and all seated passengers.(2) The rear-vision camera must be able to capture all occupants of the vehicle in any image taken by the camera.
3. Internal cameraAn internal camera must be readily visible to all vehicle occupants.
4. External camera(1) The first external camera, if at least one is installed, should be positioned to provide a view of a person standing at the window of the driver's door.(2) An external camera, if fitted, may be concealed or not identifiable to persons outside the taxi.
5. Additional camerasInternal and external cameras additional to the rear-vision camera may be fitted to the taxi, but the additional cameras –(a) must be at least the same standard in all aspects as the rear-vision camera; and(b) must be fitted in accordance with this Part.
6. Interference of security camera system(1) The installation of the security camera system must not affect the compliance of the taxi with the Vehicle and Traffic Act 1999 .(2) The security camera system must not inappropriately interfere with another system on board the taxi and must itself not be affected by any other source of interference likely to be encountered in the taxi.
7. Testing and downloading(1) The security camera system must be installed in a manner that enables the system to be easily tested to ensure that all features are operating and that images are being recorded as required under these regulations.(2) The security camera system must be installed in a manner that enables the easy download of video recordings from the camera system.
SCHEDULE 3 - Standard fares
1. InterpretationIn this Schedule –flagfall means the amount charged on the taxi being set in motion at the beginning of the hiring.
2. Standard fares for taxi operating under a licence that relates to the Hobart, Launceston, Burnie, Devonport, Perth, Ulverstone or West Tamar taxi area(1) This clause applies to a taxi that operates under a licence that relates to the Hobart, Launceston, Burnie, Devonport, Perth, Ulverstone or West Tamar taxi area.(2) The tariff to be charged 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 taxi is hired, called the first tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $3.30 as flagfall; and(b) the sum of 10 cents for the first 28.3 metres travelled, or the first 5.2 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 56.5 metres travelled or each 10.3 seconds of time elapsed, whichever is the greater.(3) The tariff to be charged at times when the first tariff does not apply, called the second tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $3.30 as flagfall; and(b) the sum of 10 cents for the first 23.6 metres travelled, or the first 5.2 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 47.2 metres travelled or each 10.3 seconds of time elapsed, whichever is the greater.
3. Standard fares for taxi operating under a licence that relates to the King Island or Flinders Island taxi area(1) This clause applies to a taxi that operates under a licence that relates to the King Island or Flinders Island taxi area.(2) The tariff to be charged 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 taxi is hired, called the first tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $4.60 as flagfall; and(b) the sum of 10 cents for the first 25.3 metres travelled, or the first 4.5 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 50.6 metres travelled or each 9.0 seconds of time elapsed, whichever is the greater.(3) The tariff to be charged at times when the first tariff does not apply, called the second tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $4.60 as flagfall; and(b) the sum of 10 cents for the first 21.1 metres travelled, or the first 4.5 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 42.1 metres travelled or each 9.0 seconds of time elapsed, whichever is the greater.
4. Standard fares for taxi operating under a licence that relates to all other taxi areas(1) This clause applies to a taxi that operates under a licence that relates to a taxi area not covered by clause 2 or 3 .(2) The tariff to be charged 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 taxi is hired, called the first tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $3.10 as flagfall; and(b) the sum of 10 cents for the first 28.7 metres travelled, or the first 5.3 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 57.3 metres travelled or each 10.6 seconds of time elapsed, whichever is the greater.(3) The tariff to be charged at times when the first tariff does not apply, called the second tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $3.10 as flagfall; and(b) the sum of 10 cents for the first 24.0 metres travelled, or the first 5.3 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 47.9 metres travelled or each 10.6 seconds of time elapsed, whichever is the greater.
5. Standard fares for wheelchair-accessible taxis while conveying a wheelchair passenger in a taxi area(1) This clause relates to a wheelchair-accessible taxi, a remote area wheelchair-accessible taxi, a substitute wheelchair-accessible taxi or a vehicle approved under section 93 of the Act to provide a service equivalent to a wheelchair-accessible taxi service that conveys a passenger travelling in a wheelchair in any taxi area.(2) The tariff to be charged 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, remote area wheelchair-accessible taxi, substitute wheelchair-accessible taxi or approved vehicle is hired, called the third tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $4.70 as flagfall; and(b) the sum of 10 cents for the first 25.4 metres travelled, or the first 4.5 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 50.8 metres travelled or each 9.0 seconds of time elapsed, whichever is the greater.(3) The tariff to be charged at times when the third tariff does not apply, called the fourth tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $4.70 as flagfall; and(b) the sum of 10 cents for the first 21.2 metres travelled, or the first 4.5 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 42.4 metres travelled or each 9.0 seconds of time elapsed, whichever is the greater.
6. Extra charges(1) In the case of trips originating outside the Burnie, Devonport, Hobart or Launceston taxi area between the hours of 12.30 a.m. and 5.00 a.m., a surcharge of $2.60 may apply.(2) In the case where credit arrangements have been made with the hirer, an accounting fee not exceeding 10% of the metered fare may be charged.(3) In the case where a taxi has been soiled or befouled by a person using the taxi, the responsible operator of the taxi licence or driver may charge that person a fee of up to $70, being the amount that the responsible operator or driver estimates to be the reasonable costs of cleaning the taxi.(4) The responsible operator of a taxi licence or driver may charge the hirer an additional charge for road tolls, ferry charges and entry or exit fees, if the responsible operator or driver –(a) is able to produce a receipt demonstrating payment of the toll, charge or fee; or(b) has incurred, or will incur, a liability to pay the toll, charge or fee.
7. High-occupancy vehicle tariffThe operator of a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi, when carrying 5 or more passengers, may charge a high-occupancy vehicle tariff equivalent to the fourth tariff set out in clause 5(3) .
SCHEDULE 4 - Trip subsidies
Taxi area | Trip subsidy | 1. | Hobart | $10 | 2. | Launceston | $12 | 3. | Devonport | $16 | 4. | Burnie | $16 | 5. | Break O'Day | $16 | 6. | Bruny Island | $16 | 7. | Central Highlands | $16 | 8. | Circular Head | $16 | 9. | Dorset | $16 | 10. | Flinders Island | $16 | 11. | George Town | $16 | 12. | Glamorgan/Spring Bay North | $16 | 13. | Glamorgan/Spring Bay South | $16 | 14. | Huon Valley | $16 | 15. | Kentish | $16 | 16. | King Island | $16 | 17. | Meander Valley | $16 | 18. | New Norfolk | $16 | 19. | Penguin | $16 | 20. | Perth | $12 | 21. | Tasman Peninsula | $16 | 22. | Ulverstone | $16 | 23. | West Coast | $16 | 24. | West Tamar | $16 |
SCHEDULE 5 - Fees
PART 1 - Perpetual taxi licence
Description | Fee units | 1. | Annual administration fee for perpetual taxi licence relating to the Hobart and Launceston taxi areas – | (a) for the 12 months from 1 April 2009 to 31 March 2010; and | 200 | (b) for the 12 months from 1 April 2010 to 31 March 2011; and | 350 | (c) for the 12 months from 1 April 2011 to 31 March 2012 and subsequent 12-month periods | 505 | 2. | Annual administration fee for perpetual taxi licence relating to the Devonport, Burnie, Ulverstone, George Town, Perth, West Tamar and New Norfolk taxi areas – | (a) for the 12 months from 1 April 2009 to 31 March 2010; and | 150 | (b) for the 12 months from 1 April 2010 to 31 March 2011; and | 260 | (c) for the 12 months from 1 April 2011 to 31 March 2012 and subsequent 12-month periods | 380 | 3. | Annual administration fee for perpetual taxi licence relating to any other taxi area – | (a) for the 12 months from 1 April 2009 to 31 March 2010; and | 120 | (b) for the 12 months from 1 April 2010 to 31 March 2011; and | 160 | (c) for the 12 months from 1 April 2011 to 31 March 2012 and subsequent 12-month periods | 210 | 4. | Issue of replacement licence number plate or label | 10 | 5. | Issue of replacement licence | 10 | 6. | Notification of change of ownership of perpetual taxi licence | 10 | 7. | Notification of commencement of lease or assignment | 10 |
PART 2 - Owner-operator taxi licence
Description | Fee units | 1. | Application for owner-operator taxi licence | 100 | 2. | Annual administration fee for owner-operator taxi licence relating to the Hobart and Launceston taxi areas – | (a) for the 12 months from 1 April 2009 to 31 March 2010; and | 200 | (b) for the 12 months from 1 April 2010 to 31 March 2011; and | 350 | (c) for the 12 months from 1 April 2011 to 31 March 2012 and subsequent 12-month periods | 505 | 3. | Annual administration fee for owner-operator taxi licence relating to the Devonport, Burnie, Ulverstone, George Town, Perth, West Tamar and New Norfolk taxi areas – | (a) for the 12 months from 1 April 2009 to 31 March 2010; and | 150 | (b) for the 12 months from 1 April 2010 to 31 March 2011; and | 260 | (c) for the 12 months from 1 April 2011 to 31 March 2012 and subsequent 12-month periods | 380 | 4. | Annual administration fee for owner-operator taxi licence relating to any other taxi area – | (a) for the 12 months from 1 April 2009 to 31 March 2010; and | 120 | (b) for the 12 months from 1 April 2010 to 31 March 2011; and | 160 | (c) for the 12 months from 1 April 2011 to 31 March 2012 and subsequent 12-month periods | 210 | 5. | Issue of replacement licence number plate or label | 10 | 6. | Issue of replacement licence | 10 | 7. | Application for transfer of licence to another person | 10 |
PART 3 - Wheelchair-accessible taxi licence
Description | Fee units | 1. | Application for wheelchair-accessible taxi licence | 100 | 2. | Annual administration fee for wheelchair-accessible taxi licence relating to the Hobart and Launceston taxi areas – | (a) for the 12 months from 1 April 2009 to 31 March 2010; and | 200 | (b) for the 12 months from 1 April 2010 to 31 March 2011; and | 350 | (c) for the 12 months from 1 April 2011 to 31 March 2012 and subsequent 12-month periods | 505 | 3. | Annual administration fee for wheelchair-accessible taxi licence relating to the Devonport, Burnie, Ulverstone, George Town, Perth, West Tamar and New Norfolk taxi areas – | (a) for the 12 months from 1 April 2009 to 31 March 2010; and | 150 | (b) for the 12 months from 1 April 2010 to 31 March 2011; and | 260 | (c) for the 12 months from 1 April 2011 to 31 March 2012 and subsequent 12-month periods | 380 | 4. | Annual administration fee for wheelchair-accessible taxi licence relating to any other taxi area – | (a) for the 12 months from 1 April 2009 to 31 March 2010; and | 120 | (b) for the 12 months from 1 April 2010 to 31 March 2011; and | 160 | (c) for the 12 months from 1 April 2011 to 31 March 2012 and subsequent 12-month periods | 210 | 5. | Issue of replacement licence number plate or label | 10 | 6. | Issue of replacement licence | 10 | 7. | Application for transfer of licence to another person | 10 | 8. | Application for transfer of licence to another vehicle | 10 | 9. | Application for transfer of licence to a substitute wheelchair-accessible taxi | 10 |
PART 4 - Temporary taxi licence
Description | Fee units | 1. | Application for temporary taxi licence | 30 | 2. | Issue of replacement licence | 10 |
PART 5 - Authorised meter adjuster
Description | Fee units | 1. | Application for authorisation as authorised meter adjuster | 10 | 2. | Issue or replacement of sealing pliers | 200 | 3. | Testing of taximeter | 10 |
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 taxis; and(b) the appointment and duties of authorised meter adjusters; and(c) the fares, surcharges and tariffs to be charged by taxis; and(d) the fees payable in respect of the licensing of taxis and other related matters; and(e) other miscellaneous matters.