Taxi Industry Amendment Regulations 2009

Taxi Industry Amendment Regulations 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Taxi and Luxury Hire Car Industries Act 2008 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

G. L. STURGES

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Taxi Industry Amendment Regulations 2009 .

2.   Commencement

These regulations take effect on 1 January 2010.

3.   Principal Regulations

In these regulations, the Taxi Industry Regulations 2008 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended as follows:

(a) by omitting paragraph (a) from the definition of not-for-hire sign and substituting the following paragraph:

(a) consists of the words "not for hire"; and

(b) by inserting the following definition after the definition of relevant fares :

responsible person, in respect of a vehicle, means –

(a) if the vehicle is operating as a taxi under the authority of a taxi licence that can be identified, the responsible operator of the taxi licence; or

(b) if the vehicle is operating as a taxi under the authority of a taxi licence that cannot be identified, the registered operator of the vehicle; or

(c) if the vehicle is not operating as a taxi, the registered operator of the vehicle;

(c) by omitting the definitions of tariff indicator light and taxi top-light and substituting the following definitions:

tariff indicator light means a light affixed to the roof of a vehicle or to a taxi roof sign that, when the vehicle is operating as a taxi, indicates the tariff, if any, that the vehicle is operating under;

taxi roof sign means a sign affixed to the roof of a vehicle that indicates that the vehicle is used, or intended to be used, as a taxi;

5.    Regulation 8 amended (Leasing of perpetual taxi licences)

Regulation 8 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "within 14 days after signing the lease or assignment" and substituting "no later than 14 days after the commencement of the lease or assignment";

(b) by inserting the following subparagraph after subparagraph (i) in subregulation (1)(a) :

(ia) stating the date of commencement of the lease; and

(c) by omitting subregulation (3) and substituting the following subregulation:

(3)  A lease or assignment takes effect on the date recorded, in the register of licences, under subregulation (2) as the date of its commencement.

6.    Regulation 13 amended (Cancellation of wheelchair-accessible taxi licences)

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

(g) if the Commission is satisfied that there has been a period of 28 consecutive days where no passenger in a wheelchair has been transported in the taxi operating under the authority of the licence;

7.    Regulation 13A inserted

Before regulation 14 of the Principal Regulations , the following regulation is inserted in Division 1:

13A.   Vehicles suitable for use as taxi – generally

A vehicle is suitable for use as a taxi, other than as a wheelchair-accessible taxi, a substitute wheelchair-accessible taxi or a remote area wheelchair-accessible taxi, if  –

(a) the vehicle complies with the vehicle specifications set out in Schedule 1 ; and

(b) the vehicle complies with the vehicle age requirements set out in regulation 15 ; and

(c) the vehicle has installed in it all of the equipment required under the Act to be installed in a taxi operating in the taxi area in which the vehicle is operating, or intending to operate, as a taxi; and

(d) the vehicle is recorded in the Register of Motor Vehicles as a taxi; and

(e) the premium payable under the Motor Accidents (Liabilities and Compensation) Act 1973 that is paid in respect of the vehicle is the premium payable for the class of vehicles used or intended to be used as taxis; and

(f) the vehicle has a current inspection report.

8.    Regulation 17 amended (Fire extinguishers)

Regulation 17(3) of the Principal Regulations is amended as follows:

(a) by omitting "If a taxi" and substituting "If a vehicle used or intended to be used as a taxi";

(b) by omitting "responsible operator of the taxi licence" and substituting "responsible person".

9.    Regulation 19 amended (Taximeter seals)

Regulation 19(2)(a) of the Principal Regulations is amended by omitting "taxi" and substituting "vehicle".

10.    Regulation 20 amended (Requirement for taximeter to be installed in taxis)

Regulation 20 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

(1)  The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a vehicle as a taxi unless the vehicle is fitted with a taximeter that complies with the requirements of these regulations.

Penalty:  Fine not exceeding 10 penalty units.

11.    Regulation 21 amended (Programming of taximeters)

Regulation 21 of the Principal Regulations is amended by omitting subregulation (1) .

12.    Regulation 22 amended (Reprogramming of taximeters)

Regulation 22 of the Principal Regulations is amended as follows:

(a) by omitting "a taxi" and substituting "a vehicle that is used or intended for use as a taxi";

(b) by omitting "operator of the taxi licence" and substituting "person";

(c) by inserting "in accordance with regulation 65 " after "testing".

13.    Regulation 23 amended (Installation of taximeters in vehicles)

Regulation 23 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "taxi" and substituting "vehicle";

(b) by omitting from subregulation (2)(b) "taxi" and substituting "vehicle";

(c) by omitting from subregulation (2)(e) "taxi" and substituting "vehicle".

14.    Regulation 24 amended (Requirement to test taximeters)

Regulation 24 of the Principal Regulations is amended as follows:

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

(1)  The Commission or an authorised officer may require a person to produce a vehicle in which a taximeter is installed, at any time and place the Commission or authorised officer directs, for the purpose of inspecting that taximeter.

(b) by omitting from subregulation (2) "An authorised officer or a police officer" and substituting "The Commission or an authorised officer";

(c) by omitting from subregulation (2) "taxi" and substituting "vehicle in which a taximeter is installed";

(d) by omitting from subregulation (3) "taxi" and substituting "vehicle";

(e) by omitting from subregulation (3) "or testing";

(f) by inserting in subregulation (3) "within the time limit specified by the Commission or authorised officer" after "regulation";

(g) by omitting subregulation (4) and substituting the following subregulations:

(4)  An authorised meter adjuster who has tested a taximeter in accordance with this regulation must provide a certificate, or similar document, to the person required to present the vehicle under subregulation (2) specifying the results of the test and stating –

(a) whether or not the taximeter is correctly –

(i) measuring waiting times and distances travelled; and

(ii) calculating and displaying fares in accordance with the relevant fares; and

(b) any other information that the authorised meter adjuster considers relevant.

Penalty:  Fine not exceeding 10 penalty units.

(5)  An authorised meter adjuster who issues a person with a test certificate or similar document under subregulation (4) must provide a copy of the certificate to the Commission within 7 days after the testing of the taximeter.

Penalty:  Fine not exceeding 10 penalty units.

(6)  An authorised meter adjuster must not issue a test certificate or similar document under this regulation that is false or misleading in any way.

Penalty:  Fine not exceeding 10 penalty units.

15.    Regulation 25 substituted

Regulation 25 of the Principal Regulations is rescinded and the following regulation is substituted:

25.   Evidence of testing to be provided

If requested to do so by the Commission, the responsible operator of a taxi licence must provide to the Commission, within 7 days after receiving the request, the most recent evidence of testing of a taximeter installed in a vehicle operated under the authority of the taxi licence.

Penalty:  Fine not exceeding 10 penalty units.

16.    Regulation 26 amended (Operation of taximeters)

Regulation 26 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) " subregulations (2) and (3) " and substituting " subregulation (3) ";

(b) by omitting subregulation (2) ;

(c) by omitting from subregulation (3) "taxi" and substituting "vehicle".

17.    Regulation 27 amended (Interference with taximeters)

Regulation 27 of the Principal Regulations is amended as follows:

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

(1)  A person must not interfere, or cause or permit another person to interfere, with a taximeter installed in a vehicle.

Penalty:  Fine not exceeding 10 penalty units.

(b) by omitting from subregulation (2) "taxi" second occurring and substituting "vehicle as a taxi";

(c) by omitting from subregulation (2) "taxi" third occurring and substituting "vehicle";

(d) by omitting from subregulation (2) "taxi" fourth occurring and substituting "vehicle";

(e) by omitting from subregulation (2)(a) "taxi" and substituting "vehicle".

18.    Regulation 28 amended (Taxi roof signs)

Regulation 28 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "taxi" first occurring and substituting "vehicle used or intended for use as a taxi";

(b) by omitting from subregulation (1) "top-light" first occurring and substituting "roof sign";

(c) by omitting from subregulation (1)(a) "taxi" and substituting "vehicle";

(d) by omitting subparagraph (i) from subregulation (1)(b) and substituting the following subparagraph:

(i) is capable of showing white light towards the front of the vehicle, in the hours between sunset and sunrise, when the taximeter is not operating; and

(e) by inserting in subregulation (1)(b)(ii) "at any time" after "vehicle";

(f) by omitting subparagraphs (iii) , (iv) and (v) from subregulation (1)(b) ;

(g) by omitting paragraph (c) from subregulation (1) and substituting the following paragraph:

(c) displays to the front of the vehicle the word "taxi", or similar words to indicate that the vehicle is a taxi, so that the word or words are clearly legible at a distance of 20 metres from the front of the vehicle during daylight hours or when the taxi roof sign is illuminated.

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

(i) by omitting from subregulation (2) "top-light" and substituting "roof sign";

(j) by omitting from subregulation (3) "top-light" and substituting "roof sign";

(k) by inserting in subregulation (3) "switched" after "be";

(l) by inserting in subregulation (3) "hours" after "daylight";

(m) by omitting subregulations (4) and (5) ;

(n) by omitting from subregulation (6) "taxi unless the taxi" and substituting "vehicle as a taxi under the authority of the licence unless the vehicle";

(o) by omitting from subregulation (6) "top-light" and substituting "roof sign";

(p) by omitting from subregulation (7) "top-light" and substituting "roof sign".

19.    Regulation 29 amended (Interference with taxi roof signs)

Regulation 29 of the Principal Regulations is amended as follows:

(a) by omitting "taxi top-light in or on a taxi –" and substituting "taxi roof sign installed on a vehicle.";

(b) by omitting paragraphs (a) , (b) and (c) .

20.    Regulation 30 amended (Tariff indicator lights)

Regulation 30 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "taxi" first occurring and substituting "vehicle used or intended for use as a taxi";

(b) by omitting from subregulation (2)(b) "top-light" and substituting "roof sign";

(c) by omitting from subregulation (2)(c) "top-light" and substituting "roof sign";

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

(d) fitted with –

(i) incandescent globes of not less than 4 watts and not more than 6 watts; or

(ii) LED globes that provide light at an equivalent level to incandescent globes that comply with subparagraph (i) ; and

(e) by omitting from subregulation (2)(e)(i) "top-light" and substituting "roof sign";

(f) by omitting from subregulation (2)(e)(ii) "top-light" twice occurring and substituting "roof sign";

(g) by omitting from subregulation (2)(e)(iii) "top-light" and substituting "roof sign";

(h) by omitting from subregulation (4) "a taxi used to provide a service unless the taxi" and substituting "a vehicle as a taxi under the authority of the licence unless the vehicle".

21.    Regulation 31 amended (Interference with tariff indicator lights)

Regulation 31 of the Principal Regulations is amended as follows:

(a) by omitting "taxi –" and substituting "vehicle.";

(b) by omitting paragraphs (a) , (b) and (c) .

22.    Regulation 32 rescinded

Regulation 32 of the Principal Regulations is rescinded.

23.    Regulation 33 amended (Not-for-hire signs)

Regulation 33 of the Principal Regulations is amended as follows:

(a) by omitting subregulations (1) and (2) and substituting the following subregulations:

(1)  The following vehicles are to carry a not-for-hire sign:

(a) a vehicle that is operating as a taxi;

(b) a vehicle that has any features that may cause the vehicle to be identified as a taxi, regardless of whether that vehicle is being used as a taxi;

(c) a vehicle that has any of the following equipment installed or fitted to it:

(i) a taximeter;

(ii) a taxi roof sign;

(iii) external tariff indicator lights.

(2)  A not-for-hire sign –

(a) may be incorporated in a taxi roof sign; and

(b) if capable of being illuminated, is to be constructed so that when the not-for-hire sign is illuminated the taxi roof sign is not illuminated.

(2A)  The responsible person for a vehicle referred to in subregulation (1) must ensure that the vehicle carries a not-for-hire sign that complies with this regulation.

Penalty:  Fine not exceeding 5 penalty units.

(b) by omitting from subregulation (3) "taxi" first occurring and substituting "vehicle required under subregulation (1) to carry a not-for-hire sign";

(c) by omitting from subregulation (3) "taxi is being driven" and substituting "vehicle is in use";

(d) by omitting paragraph (a) from subregulation (3) and substituting the following paragraph:

(a) the vehicle is not operating as a taxi under the authority of a taxi licence; or

(e) by omitting from subregulation (3)(b) "taxi" and substituting "vehicle";

(f) by omitting from subregulation (3)(c) "taxi" and substituting "vehicle";

(g) by omitting from subregulation (4) "taxi" first occurring and substituting "vehicle";

(h) by omitting from subregulation (4) "taxi at the top" and substituting "vehicle at the";

(i) by omitting from subregulation (4)(b) "above or";

(j) by omitting from subregulation (4)(b) "taxi" and substituting "vehicle";

(k) by omitting from subregulation (5) "top-light" and substituting "roof sign";

(l) by omitting from subregulation (5) " subregulation (1)(a) " and substituting " subregulation (2) ".

24.    Regulation 34 amended (Radio dispatch system)

Regulation 34 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2) "taxi" first occurring and substituting "vehicle used or intended for use as a taxi";

(b) by omitting from subregulation (2)(b) "taxi" and substituting "vehicle";

(c) by omitting from subregulation (2)(c)(i) "taxi" and substituting "vehicle";

(d) by omitting from subregulation (2)(c)(ii) "taxi" and substituting "vehicle";

(e) by omitting from subregulation (3) "taxi" first occurring and substituting "vehicle used or intended for use as a taxi";

(f) by inserting in subregulation (3) "under which the vehicle is operating, or is intended to operate," after "licence".

25.    Regulation 35 amended (Interpretation)

Regulation 35 of the Principal Regulations is amended by inserting after the definition of security camera taxi licence the following definition:

test image means an image recorded with a security camera system that –

(a) was recorded for the purpose of testing the camera; and

(b) was recorded while the vehicle in which the camera system is installed was not providing a taxi service; and

(c) does not show a person, other than a person involved in the installation, testing or repair of the security camera system;

26.    Regulation 36 amended (Duty and power to install security camera systems)

Regulation 36 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "taxi that is providing a taxi service" and substituting "vehicle that is operating as a taxi";

(b) by omitting from subregulation (2) "taxi" second occurring and substituting "vehicle as a taxi";

(c) by omitting from subregulation (2) "taxi" third occurring and substituting "vehicle";

(d) by omitting from subregulation (4) "taxi that provides a taxi service" and substituting "vehicle that operates as a taxi".

27.    Regulation 37 amended (Installation of security camera systems)

Regulation 37 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "taxi" and substituting "vehicle used or intended for use as taxi";

(b) by omitting from subregulation (2) "taxi" and substituting "vehicle used or intended for use as taxi";

(c) by inserting the following subregulations after subregulation (2) :

(3)  A person who has installed a security camera system in a vehicle used or intended for use as a taxi must –

(a) make a written record of the installation of the security camera system as soon as practicable after the installation is completed; and

(b) keep that record for a period of at least 5 years after the record was made.

Penalty:  Fine not exceeding 10 penalty units.

(4)  The written record required to be made under subregulation (3) is to be in a form determined by the Commission.

(5)  A person required to keep a written record under subregulation (3) must provide a copy of the record to the Commission within 30 days after the security camera system is tested.

Penalty:  Fine not exceeding 10 penalty units.

(6)  A person must not make a written record under this regulation that is false or misleading in any way.

Penalty:  Fine not exceeding 10 penalty units.

28.    Regulation 38 amended (Security camera system signs)

Regulation 38 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "taxi" first occurring and substituting "vehicle used or intended for use as a taxi";

(b) by omitting from subregulation (1) "operator of the taxi licence" and substituting "person";

(c) by omitting from subregulation (1) "in the taxi" and substituting "on the vehicle";

(d) by omitting from subregulation (2)(b)(i) "taxi" and substituting "vehicle";

(e) by omitting from subregulation (2)(b)(ii) "taxi" and substituting "vehicle".

29.    Regulation 39 amended (Testing of security camera systems)

Regulation 39 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1) "installed in a vehicle" after "A security camera system";

(b) by omitting from subregulation (2) "of a taxi" and substituting "installed in a vehicle";

(c) by omitting from subregulation (2) "operator of the taxi licence" and substituting "person";

(d) by omitting from subregulation (2) "taxi" third occurring and substituting "vehicle";

(e) by omitting from subregulation (3) "operator of the taxi licence" and substituting "person";

(f) by omitting subregulations (4) and (5) and substituting the following subregulations:

(4)  The responsible operator of a taxi licence must ensure that written evidence of the most recent testing of the security camera system required under subregulation (5) 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 vehicle; and

(c) able to be read from inside the vehicle.

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 vehicle operated as a taxi under the authority of the licence is tested by the manufacturer, or agent of the manufacturer, in accordance with this regulation –

(a) no later than 12 months after the day the security camera system was tested as part of its installation process; and

(b) at intervals of 12 months from when the security camera system was last tested in accordance with these regulations.

Penalty:  Fine not exceeding 20 penalty units.

30.    Regulation 39A inserted

After regulation 39 of the Principal Regulations , the following regulation is inserted in Division 4:

39A.   Record of testing of security camera systems

(1)  A person who has tested a security camera system in accordance with regulation 39 must –

(a) make a written record of the testing of that security camera system as soon as practicable after the testing is completed; and

(b) must retain that record for a period of at least 5 years after the record was made.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The written record required to be made under subregulation (1) is to be in a form determined by the Commission.

(3)  A person required to keep a written record under subregulation (1) must provide a copy of the record to the Commission within 30 days after the security camera system has been tested.

Penalty:  Fine not exceeding 10 penalty units.

(4)  A person must not make a written record under this regulation that is false or misleading in any way.

Penalty:  Fine not exceeding 10 penalty units.

31.    Regulation 40 amended (Operation of security camera systems)

Regulation 40 of the Principal Regulations is amended as follows:

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

(1)  The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a vehicle with a security camera system installed as a taxi unless the security camera system installed in the vehicle indicates it is fully operational.

Penalty:  Fine not exceeding 20 penalty units.

(b) by omitting from subregulation (3) "a taxi –" and substituting "a vehicle.";

(c) by omitting paragraphs (a) , (b) and (c) from subregulation (3) ;

(d) by omitting from subregulation (4) "security camera taxi licence" and substituting "taxi licence";

(e) by omitting from subregulation (4) "taxi" second occurring and substituting "vehicle with a security camera system installed as a taxi";

(f) by omitting from subregulation (4) "taxi" third occurring and substituting "vehicle";

(g) by omitting from subregulation (4)(a) "taxi" and substituting "vehicle".

32.    Regulation 41 amended (Downloading video recordings)

Regulation 41 of the Principal Regulations is amended as follows:

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

(a) the person is acting at the direction of a police officer; or

(b) the person is acting at the direction of an authorised officer or the Commission; or

(b) by inserting the following paragraph after paragraph (d) in subregulation (1) :

(da) it is required under subregulation (1A) to prevent the destruction and deletion of the video recording while the security camera system is being reset; or

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

(1A)  If the resetting of a security camera system will result in the destruction or deletion of any video recordings from the security camera system, the person resetting the security camera system must download all video recordings from the security camera system before the system is reset.

Penalty:  Fine not exceeding 30 penalty units.

(d) by omitting from subregulation (2) " subregulation (1)(d) or (e) " and substituting " subregulation (1)(d) , (da) or (e) ";

(e) by inserting in subregulation (2) "an investigation by an authorised officer" after "investigation,";

(f) by omitting from subregulation (2) ", under regulation 42 ";

(g) by omitting from subregulation (2)(a) "60 days" and substituting "14 days";

(h) by omitting from subregulation (2)(b) "60-day period" and substituting "14-day period";

(i) by omitting subregulation (3) and substituting the following subregulations:

(3)  Subregulation (2) does not apply to a video recording that is comprised entirely of test images.

(4)  For the purpose of subregulation (2) , a video recording downloaded under subregulation (1)(d) , (da) or (e)  –

(a) is required for a police investigation if the recording has been requested by a police officer under regulation 42(2) ; and

(b) is required for an investigation by an authorised officer if the recording has been requested by an authorised officer under regulation 42A(2) .

33.    Regulation 42 substituted

Regulation 42 of the Principal Regulations is rescinded and the following regulations are substituted:

41A.   Record of downloading from security camera systems

(1)  A person who has downloaded a video recording from a security camera system in accordance with regulation 41 must –

(a) make a written record of the downloading of the video recording as soon as practicable after the recording is downloaded; and

(b) retain that record for a period of at least 5 years after the record was made.

Penalty:  Fine not exceeding 30 penalty units.

(2)  The written record required to be made under subregulation (1) is to be in a form determined by the Commission.

(3)  The Commission, by written notice, may require a person required to keep a written record under subregulation (1) to provide a copy of that record to the Commission within the period specified in the written notice.

(4)  A person given a written notice under subregulation (3) must comply with that notice.

Penalty:  Fine not exceeding 10 penalty units.

42.   Video recordings used for legal proceedings by police

(1)  A person who downloads a video recording under regulation 41(1)(a) , (b) or (c) must –

(a) forward the video recording to a police officer as soon as possible; and

(b) keep a copy of the video recording for a period of 14 days from the day the video recording was forwarded under paragraph (a) ; and

(c) at the end of that 14-day period and in accordance with regulation 44 , dispose of all copies of the recording in his or her possession.

Penalty:  Fine not exceeding 30 penalty units.

(2)  A police officer may request a copy of a video recording downloaded under regulation 41(1)(d) , (da) or (e) within the 14-day period referred to in regulation 41(2) .

(3)  If a police officer requests a video recording under subregulation (2) that has not been provided to an authorised officer under regulation 42A , the person who has downloaded the video recording must –

(a) comply with the request; and

(b) keep a copy of the video recording for a period of 14 days from the day the video recording is provided to the police officer; and

(c) at the end of that 14-day period and in accordance with regulation 44 , dispose of all copies of the recording in his or her possession.

Penalty:  Fine not exceeding 30 penalty units.

(4)  Subregulation (3) does not apply if the person who has downloaded the video recording has provided the video recording to an authorised officer in accordance with regulation 42A .

(5)  If the person who has downloaded the video recording has provided the video recording to an authorised officer under regulation 42A and a request has been made by a police officer under subregulation (2) , the person is to provide notice in writing to the police officer of –

(a) the name and contact details of the authorised officer to whom the recording was provided; and

(b) the date the recording was provided to the authorised officer; and

(c) any other information required by the police officer in respect of the recording.

42A.   Video recordings used for legal proceedings by authorised officer

(1)  A person who downloads a video recording under regulation 41(1)(b) must –

(a) forward the video recording to the authorised officer as soon as possible; and

(b) keep a copy of the video recording for a period of 14 days from the day the video recording was forwarded under paragraph (a) ; and

(c) at the end of that 14-day period and in accordance with regulation 44 , dispose of all copies of the recording in his or her possession.

Penalty:  Fine not exceeding 30 penalty units.

(2)  An authorised officer may request a copy of a video downloaded under regulation 41(1)(d) , (da) or (e) within the 14-day period referred to in regulation 41(2) .

(3)  If an authorised officer requests a video recording under subregulation (2) that has not been provided to a police officer under regulation 42 , the person who has downloaded the video recording must –

(a) comply with the request; and

(b) keep a copy of the video recording for a period of 14 days from the day the video recording is provided to the authorised officer; and

(c) at the end of that 14-day period and in accordance with regulation 44 , dispose of all copies of the recording in his or her possession.

Penalty:  Fine not exceeding 30 penalty units.

(4)  Subregulation (3) does not apply if the person who has downloaded the video recording has provided the video recording to a police officer in accordance with regulation 42 .

34.    Regulation 44A inserted

After regulation 44 of the Principal Regulations , the following regulation is inserted in Division 4:

44A.   Evidentiary provisions

(1)  In this regulation –

delivery certificate means a certificate stating the following particulars:

(a) a copy of the video recording downloaded on the date specified in the certificate from a security camera system, identified by make and serial number in the certificate, was kept at a place specified in the certificate during the period specified in the certificate;

(b) at a time and place specified in the certificate, the video recording was delivered to the police officer or the authorised officer, specified by name in the certificate, by the person providing the certificate;

downloading certificate means a certificate stating any or all of the following particulars:

(a) that at a specified time and place a person downloaded a video recording from a security camera system installed in a vehicle used or intended for use as a taxi;

(b) the make and serial number of the security camera system from which the video recording was downloaded;

(c) the registration number of the vehicle in which the security camera system was installed;

(d) that at the time the video recording was downloaded, the downloading of the recording was lawful;

(e) that the equipment used to download the recording was in proper working order at the time the recording was downloaded;

(f) that the downloading of the video recording was done in accordance with the Act;

(g) that the recording is an accurate and complete duplication of the recording made by the security camera system.

(2)  A downloading certificate is prima facie evidence –

(a) of the particulars stated in the certificate; and

(b) that the security camera system used to record, and the equipment used to download, the video recording was in proper working order.

(3)  A delivery certificate is prima facie evidence of the particulars stated in the certificate.

35.    Regulation 45 amended (Obligation to display licence number plates)

Regulation 45 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2)(a) "taxi" first occurring and substituting "vehicle";

(b) by omitting from subregulation (2)(b) "taxi." and substituting "taxi; and";

(c) by inserting the following paragraph after paragraph (b) in subregulation (2) :

(c) is not affixed to the vehicle if a piece of equipment that is required under the Act to be installed in the vehicle –

(i) is not installed; or

(ii) is not operational; or

(iii) in the case of a security camera system, is not indicating that the system is fully operational.

(d) by omitting from subregulation (3)(a) "taxi" and substituting "vehicle";

(e) by omitting from subregulation (3)(b) "taxi." and substituting "taxi; and";

(f) by inserting the following paragraph after paragraph (b) in subregulation (3) :

(c) is not affixed to the vehicle if a piece of equipment that is required under the Act to be installed in the vehicle –

(i) is not installed; or

(ii) is not operational; or

(iii) in the case of a security camera system, is not indicating that the system is fully operational.

(g) by omitting subregulations (6) and (7) ;

(h) by omitting from subregulation (8) "taxi" second occurring and substituting "vehicle";

(i) by omitting subregulation (9) ;

(j) by omitting from subregulation (10) "holder of the licence" and substituting "responsible operator of the taxi licence";

(k) by inserting in subregulation (10) "under the authority of the licence" after "service";

(l) by omitting from subregulation (11) "holder of the licence" and substituting "responsible operator of the taxi licence".

36.    Regulation 46 amended (Return of licence number plates to Commission)

Regulation 46 of the Principal Regulations is amended as follows:

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

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence occurs.

(b) by omitting subregulation (3) and substituting the following subregulations:

(3)  The holder of a temporary taxi licence must return the licence number plate issued in respect of the licence to the Commission within 2 business days after the day the licence expires.

Penalty:  Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

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

37.    Regulation 47 amended (Lost or damaged licence number plates)

Regulation 47 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "the person to whom" and substituting "the responsible operator of the taxi licence in respect of which";

(b) by inserting in subregulation (4) "accepted by the Commission as being" after "that is".

38.    Regulation 48 amended (Void licence number plates)

Regulation 48 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "a taxi that" and substituting "a vehicle as a taxi if the vehicle";

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

Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.

(c) by inserting in subregulation (2) "under regulation 46 or 47 " after "void".

39.    Regulations 50 and 51 rescinded

Regulations 50 and 51 of the Principal Regulations are rescinded.

40.    Regulation 52 amended (Obligation to display inspection labels)

Regulation 52 of the Principal Regulations is amended as follows:

(a) by omitting "responsible operator of the taxi licence" and substituting "responsible person";

(b) by omitting "to it" and substituting "to the vehicle".

41.    Regulation 53 amended (Obligation to display temporary taxi licence labels)

Regulation 53(2) of the Principal Regulations is amended as follows:

(a) by inserting "the authority of" after "operating under";

(b) by inserting "under the authority of the licence" after "a taxi".

42.    Regulation 58 amended (Requirements for drivers and responsible operators of wheelchair-accessible taxis)

Regulation 58 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "a driver training component, approved by the Commission, for conveying persons with disabilities" and substituting "any course of instruction the Registrar may require under regulation 40(3) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 in respect of conveying persons with disabilities";

(b) by inserting the following subregulation after subregulation (2) :

(3)  The holder of an ancillary certificate within the meaning of the Vehicle and Traffic Act 1999 must not convey another person in a wheelchair-accessible taxi unless the holder of that certificate has successfully completed any course of instruction the Registrar may require under regulation 40(3) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 in respect of conveying persons with disabilities.

Penalty:  Fine not exceeding 20 penalty units.

43.    Regulation 62 amended (Display of fares)

Regulation 62 of the Principal Regulations is amended by omitting "taxi providing a service" and substituting "taxi operating under the authority of the licence".

44.    Regulation 63 amended (Appointment of authorised meter adjusters)

Regulation 63(4) of the Principal Regulations is amended by omitting "adjuster" and substituting "adjuster, or a person applying to be appointed as an authorised meter adjuster,".

45.    Regulation 66 rescinded

Regulation 66 of the Principal Regulations is rescinded.

46.    Regulation 67 amended (Sealing a taximeter)

Regulation 67 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulations:

(4)  An authorised meter adjuster who has sealed a taximeter in accordance with these regulations must provide a sealing certificate, or similar document, to the responsible person stating –

(a) whether or not the taximeter is correctly –

(i) measuring waiting times and distances travelled; and

(ii) calculating and displaying fares in accordance with the relevant fares; and

(b) any other information that the authorised meter adjuster considers relevant.

Penalty:  Fine not exceeding 10 penalty units.

(5)  An authorised meter adjuster who issues a person with a sealing certificate, or similar document, under subregulation (4) must provide a copy of the certificate to the Commission within 30 days after the sealing of the taximeter.

Penalty:  Fine not exceeding 10 penalty units.

(6)  An authorised meter adjuster must not issue a sealing certificate, or similar document, under this regulation that is false or misleading in any way.

Penalty:  Fine not exceeding 10 penalty units.

47.    Regulation 68 amended (Records to be kept by authorised meter adjusters)

Regulation 68 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

(1)  An authorised meter adjuster must –

(a) make a written record of each taximeter that he or she seals as soon as practicable after the work is undertaken; and

(b) retain the record required to be kept under this regulation for a period of at least 5 years after the record is made.

Penalty:  Fine not exceeding 10 penalty units.

48.    Regulation 72 amended (Evidentiary provision)

Regulation 72 of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (a) "top-light" and substituting "roof sign";

(b) by omitting from paragraph (b) "top-light" twice occurring and substituting "roof sign";

(c) by omitting from paragraph (c) "top-light" and substituting "roof sign".

49.    Regulation 73 amended (Fees)

Regulation 73 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) ;

(b) by omitting subregulation (4) .

50.    Schedule 2 amended (Security camera system installation)

Part 2 of Schedule 2 to the Principal Regulations is amended as follows:

(a) by omitting from clause 1(2) "taxi" and substituting "vehicle";

(b) by omitting from clause 4(2) "taxi" and substituting "vehicle";

(c) by omitting from clause 5 "taxi" and substituting "vehicle";

(d) by omitting from clause 6(1) "taxi" and substituting "vehicle";

(e) by omitting from clause 6(2) "taxi" twice occurring and substituting "vehicle".

51.    Schedule 3 amended (Standard fares)

Schedule 3 to the Principal Regulations is amended as follows:

(a) by omitting from clause 3(2)(a) "$4.60" and substituting "$4.80";

(b) by omitting from clause 3(3)(a) "$4.60" and substituting "$4.80";

(c) by omitting from clause 4(2)(a) "$3.10" and substituting "$3.30";

(d) by omitting from clause 4(3)(a) "$3.10" and substituting "$3.30";

(e) by omitting from clause 5(2)(a) "$4.70" and substituting "$4.90";

(f) by omitting from clause 5(3)(a) "$4.70" and substituting "$4.90".

52.    Schedule 5 amended (Fees)

Schedule 5 to the Principal Regulations is amended as follows:

(a) by inserting "perpetual taxi" after "replacement" in column 2 of item 5 in Part 1 ;

(b) by inserting "owner-operator taxi" after "replacement" in column 2 of item 6 in Part 2 ;

(c) by inserting "owner-operator taxi" after "of" in column 2 of item 7 in Part 2 ;

(d) by inserting "wheelchair-accessible taxi" after "replacement" in column 2 of item 6 in Part 3 ;

(e) by inserting "wheelchair-accessible taxi" after "of" in column 2 of item 7 in Part 3 ;

(f) by inserting "wheelchair-accessible taxi" after "of" in column 2 of item 8 in Part 3 ;

(g) by omitting item 9 from Part 3 ;

(h) by inserting "temporary taxi" after "replacement" in column 2 of item 2 in Part 4 ;

(i) by omitting item 3 from Part 5 .

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

Notified in the Gazette on 30 December 2009

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) requiring security camera video recordings to be downloaded in certain circumstances and clarifying the procedure once the recording has been downloaded; and

(b) amending the requirements relating to the testing and sealing of taximeters; and

(c) increasing certain penalties and fees; and

(d) amending the requirements to make and keep certain records; and

(e) amending certain provisions to reflect changes in terminology; and

(f) making other miscellaneous amendments.