Taxi Industry Amendment Regulations 2013

Taxi Industry Amendment Regulations 2013

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,

NICK MCKIM

Minister for Sustainable Transport

1.   Short title

These regulations may be cited as the Taxi Industry Amendment Regulations 2013 .

2.   Commencement

These regulations take effect on the day proclaimed under section 2(2) of the Taxi and Luxury Hire Car Industries Amendment Act 2011 .

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 inserting the following definition after the definition of electronic seal :

fourth tariff means the tariff, called the fourth tariff, referred to in clause 5(3) of Schedule 3 ;

(b) by inserting the following definition after the definition of not-for-hire sign :

operate a taxi means to drive a taxi for the purpose of providing a taxi service;

(c) by omitting "within, to or from which the taxi is operating as authorised by the taxi licence" from the definition of relevant fares and substituting "within which, to which and from which the taxi may operate a taxi service";

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

third tariff means the tariff, called the third tariff, referred to in clause 5(2) of Schedule 3 ;

5.    Regulation 4 amended (Form of perpetual taxi licences)

Regulation 4 of the Principal Regulations is amended by omitting "such form as the Commission determines" and substituting "a form approved by the Commission".

6.    Regulation 5 amended (Form of owner-operator taxi licences)

Regulation 5 of the Principal Regulations is amended as follows:

(a) by omitting "such form as the Commission determines" and substituting "a form approved by the Commission";

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

(e) the conditions, if any, imposed on the owner-operator taxi licence under the Act.

7.    Regulation 6 amended (Form of wheelchair-accessible taxi licences)

Regulation 6 of the Principal Regulations is amended as follows:

(a) by omitting "such form as the Commission determines" and substituting "a form approved by the Commission";

(b) by omitting from paragraph (c)(v) "seating capacity" and substituting "number of seats";

(c) by omitting paragraph (f) and substituting the following paragraph:

(f) the conditions, if any, imposed on the licence under the Act.

8.    Regulation 7 amended (Form of temporary taxi licences)

Regulation 7 of the Principal Regulations is amended as follows:

(a) by omitting "such form as the Commission determines" and substituting "a form approved by the Commission";

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

(e) the conditions, if any, imposed on the temporary taxi licence under the Act.

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

Regulation 8 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "or assigns";

(b) by omitting from subregulation (1) "or assignment";

(c) by omitting from subregulation (1)(a)(i) ", or undertaking the assignment of,";

(d) by omitting from subregulation (1)(a)(ii) "or assignment";

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

(f) by omitting from subregulation (4) "or assignment" twice occurring;

(g) by omitting from subregulation (5) "or assignment".

10.    Regulation 10 amended (Suspension of owner-operator taxi licences)

Regulation 10(d) of the Principal Regulations is amended by omitting "Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence" and substituting "holder of the licence is found guilty of an offence under section 95 of the Act".

11.    Regulation 11 amended (Cancellation of owner-operator taxi licences)

Regulation 11 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (b) ;

(b) by inserting in paragraph (d) ", in respect of the licence," after "Commission";

(c) by omitting from paragraph (e) "Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence" and substituting "holder of the licence is found guilty of an offence under section 95 of the Act".

12.    Regulation 12 amended (Suspension of wheelchair-accessible taxi licences)

Regulation 12(f) of the Principal Regulations is amended by omitting "Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence" and substituting "holder of the licence is found guilty of an offence under section 95 of the Act".

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

Regulation 13 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (b) ;

(b) 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 by the taxi within, to or from the taxi area to which the wheelchair-accessible taxi licence relates;

(c) by inserting in paragraph (h) ", in respect of the licence," after "Commission";

(d) by omitting from paragraph (j) "Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence" and substituting "holder of the licence is found guilty of an offence under section 95 of the Act".

14.    Regulation 13A substituted

Regulation 13A of the Principal Regulations is rescinded and the following regulation is substituted:

13A.   Vehicles suitable for use as taxi – generally

(1)  For section 24(4) of the Act, 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 meets the requirements set out in subregulation (2) .

(2)  A vehicle is suitable for use as a taxi if it meets the following requirements:

(a) 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;

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

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

(d) the vehicle has a current inspection report.

15.    Regulation 14 amended (Vehicles suitable for use as taxi – vehicle specifications)

Regulation 14 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "not operate a vehicle as a taxi unless the vehicle" and substituting "ensure that the vehicle that is being operated as a taxi under the authority of the licence";

(b) by omitting from subregulation (3) "not operate a vehicle as one of the following forms of taxi unless the vehicle" and substituting "ensure that a vehicle that is being operated as one of the following forms of taxi under the authority of the licence";

(c) by inserting in subregulation (3) "for the relevant form of taxi" after "Act".

16.    Regulation 15 amended (Vehicles suitable for use as taxi – vehicle age)

Regulation 15 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2) "not operate a vehicle" and substituting "ensure that a vehicle intended to be operate as a taxi under the authority of the licence is not operated";

(b) by omitting from subregulation (4) "not operate a vehicle as a taxi" and substituting "ensure that a vehicle intended to operate as a taxi under the authority of the licence is not operated as a taxi".

17.    Regulation 16 substituted

Regulation 16 of the Principal Regulations is rescinded and the following regulation is substituted:

16.   Vehicles suitable for use as wheelchair-accessible taxi – vehicle age

The responsible operator of a wheelchair-accessible taxi licence must ensure that a vehicle is not operated as a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi under the authority of the licence if the vehicle is more than 10 years of age.

Penalty:  Fine not exceeding 20 penalty units.

18.    Regulation 18 amended (Requirements for taximeters)

Regulation 18 of the Principal Regulations is amended as follows:

(a) by inserting in paragraph (a) "in which the taximeter is installed" after "taxi";

(b) by omitting from paragraph (e)(iii) "completed." and substituting "completed; and";

(c) by inserting the following paragraph after paragraph (e) :

(f) must not be programmed with the third tariff or fourth tariff if the taxi in which the taximeter is installed is not being operated –

(i) under the authority of a wheelchair-accessible taxi licence; or

(ii) under the authority of a temporary taxi licence that authorises the provision of a wheelchair-accessible taxi service; or

(iii) as authorised by the Commission in accordance with section 93 of the Act.

19.    Regulation 19 amended (Taximeter seals)

Regulation 19 of the Principal Regulations is amended as follows:

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

(2)  The responsible operator of a taxi licence must ensure that a vehicle is not operated as a taxi under the authority of the licence –

(a) if the taximeter installed in the vehicle 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.

(b) by omitting from subregulation (3) "drive" and substituting "operate";

(c) by inserting the following subregulation after subregulation (3) :

(4)  Subregulation (3) does not apply if a person is operating a taxi that is displaying a not-for-hire sign in accordance with regulation 33 .

20.    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 ensure that the vehicle that is being operated as a taxi under the authority of the licence is fitted with a taximeter that complies with these regulations.

Penalty:  Fine not exceeding 10 penalty units.

21.    Regulation 21 amended (Programming of taximeters)

Regulation 21 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation:

(3)  A person must not program a taximeter with the third tariff or fourth tariff unless he or she is satisfied that the vehicle in which the taximeter is installed is being operated, or is intended to operate, either –

(a) under the authority of –

(i) a wheelchair-accessible taxi licence; or

(ii) a temporary taxi licence that authorises the provision of a wheelchair-accessible taxi service; or

(b) as authorised by the Commission in accordance with section 93 of the Act.

Penalty:  Fine not exceeding 20 penalty units.

22.    Regulation 27 amended (Interference with taximeters)

Regulation 27 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulations:

(2)  The responsible operator of a taxi licence must ensure that any device or system installed in a vehicle, or any modification made to a vehicle, that is being operated as a taxi under the authority of the licence does not –

(a) interfere with the operation of the taximeter installed in the vehicle; or

(b) enable the normal operation of the taximeter to be overridden.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person must not operate a taxi that is modified or fitted with a device or system that –

(a) interferes with the operation of the taximeter installed in the taxi; or

(b) enables the normal operation of the taximeter to be overridden.

Penalty:  Fine not exceeding 10 penalty units.

23.    Regulation 28 amended (Taxi roof signs)

Regulation 28 of the Principal Regulations is amended as follows:

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

(a) the vehicle is displaying a not-for-hire sign in accordance with regulation 33 ; or

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

(c) by omitting from subregulation (6) "not operate, or cause or permit another person to operate, a vehicle as a taxi under the authority of the licence unless the vehicle is fitted with a taxi roof sign that" and substituting "ensure that any vehicle that is being operated as a taxi under the authority of the licence is fitted with a taxi roof sign that";

(d) by omitting from subregulation (7) "The driver of a taxi must not operate the" and substituting "A person must not operate a".

24.    Regulation 30 amended (Tariff indicator lights)

Regulation 30 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (4) "not operate, or cause or permit another person to operate, a vehicle as a taxi under the authority of the licence unless the vehicle is fitted with tariff indicator lights that" and substituting "ensure that any vehicle being operated as a taxi under the authority of the licence is fitted with tariff indicator lights that";

(b) by omitting from subregulation (5) "The driver of a taxi must not operate the taxi" and substituting "A person must not operate a taxi".

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

Regulation 33 of the Principal Regulations is amended as follows:

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

(a) a taxi;

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

(3)  Subject to subregulations (3A) and (3B) , a person must display a not-for-hire sign inside a vehicle, required under subregulation (1) to carry a not-for-hire sign, when the vehicle –

(a) is being used on a public street and is not operating as a taxi; or

(b) is being used on a public street and does not have a taximeter, taxi roof sign or external tariff indicator lights installed in, or fitted to, the vehicle; or

(c) is being used on a public street and has a taximeter, taxi roof sign or external tariff indicator lights installed in, or fitted to, the vehicle but the taximeter, sign or light is not fully operational; or

(d) is being used on a public street and has a security camera system installed in, or fitted to, the vehicle but the system is not fully operational.

Penalty:  Fine not exceeding 5 penalty units.

(3A)  Subregulation (3) does not apply if the vehicle is being used to operate a restricted hire vehicle service under the authority of a restricted hire vehicle licence.

(3B)  Subregulation (3) does not apply if the vehicle –

(a) is fitted with 10, 11 or 12 seats; and

(b) is being used to provide a passenger transport service in accordance with the Passenger Transport Services Act 2011 ; and

(c) is normally used or is intended to be used as a taxi; and

(d) does not have any external features that may cause a person to identify the vehicle as a taxi.

(c) by omitting subregulation (6) and substituting the following subregulation:

(6)  The driver of a vehicle, required under subregulation (1) to carry a not-for-hire sign, must not accept a hiring if the not-for-hire sign is displayed inside the vehicle.

Penalty:  Fine not exceeding 5 penalty units.

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

Regulation 36 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulation:

(3)  A person must not operate a taxi under the authority of a security camera taxi 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.

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

Regulation 37(5) of the Principal Regulations is amended by omitting "tested" and substituting "installed".

28.    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 ensure that a security camera system installed in a vehicle being operated as a taxi under the authority of the licence indicates that it is fully operational.

Penalty:  Fine not exceeding 20 penalty units.

(b) by omitting from subregulation (2) "The driver of a vehicle with a security camera system installed must not use the vehicle as a taxi unless" and substituting "A person must not operate a taxi with a security camera system installed in it unless";

(c) by omitting subregulation (4) and substituting the following subregulation:

(4)  The responsible operator of a security camera taxi licence must ensure that any device or system installed in a vehicle, or any modification made to a vehicle, that is being operated as a taxi under the authority of the security camera taxi licence does not –

(a) interfere with the operation of the security camera system installed in the vehicle; or

(b) enable the normal operation of the security camera system to be overridden; or

(c) enable the security camera system to be disengaged.

Penalty:  Fine not exceeding 20 penalty units.

29.    Regulation 42 amended (Video recordings used for legal proceedings by police)

Regulation 42(1) of the Principal Regulations is amended by omitting " regulation 41(1)(a) , (b) or (c) " and substituting " regulation 41(1)(a) or (c) ".

30.    Regulations 45 , 46 , 47 , 48 and 49 substituted

Regulations 45 , 46 , 47 , 48 and 49 of the Principal Regulations are rescinded and the following regulations are substituted:

45.   Application of regulations 46 and 47

Regulations 46 and 47 apply if the Commission has, in accordance with section 89 of the Act, issued a licence number plate in respect of a taxi licence.

46.   Obligation to display licence number plates

(1)  The responsible operator of a perpetual taxi licence, owner-operator taxi licence or temporary taxi licence must ensure that a licence number plate –

(a) is affixed, in accordance with subregulation (3) , to the vehicle that is being used to provide the taxi service under the authority of the licence; and

(b) remains so affixed while the vehicle is being used to provide the taxi service under the authority of the licence.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The responsible operator of a wheelchair-accessible taxi licence must ensure that the licence number plate –

(a) is affixed, in accordance with subregulation (3) , to the wheelchair-accessible taxi specified in the licence; and

(b) remains so affixed while the vehicle is being used to operate a wheelchair-accessible taxi service under the authority of the licence.

Penalty:  Fine not exceeding 10 penalty units.

(3)  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 that vehicle.

(4)  The responsible operator of a wheelchair-accessible taxi must not affix, or cause or permit to be affixed, a licence number plate to a vehicle other than the wheelchair-accessible taxi specified in the licence.

Penalty:  Fine not exceeding 10 penalty units.

(5)  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 responsible operator of the licence must remove, or cause to be removed, the licence number plate from the vehicle used, under the authority of the licence, to operate the taxi service.

Penalty:  Fine not exceeding 10 penalty units.

(6)  If the owner-operator taxi licence or wheelchair-accessible taxi licence to which a licence number plate relates is suspended, the responsible operator of the licence must remove, or cause to be removed, the licence number plate from the vehicle used to operate the taxi service under the authority of the licence while the owner-operator taxi licence, or wheelchair-accessible taxi licence is suspended.

Penalty:  Fine not exceeding 10 penalty units.

(7)  The responsible operator of a perpetual taxi licence, owner-operator taxi licence, temporary taxi licence or wheelchair-accessible taxi licence must not operate, or cause or permit another person to operate, a vehicle as a taxi that has affixed to it a licence number plate that –

(a) is void under regulation regulation 47 ; or

(b) is to be surrendered or delivered up to the Commission under section 90 of the Act; or

(c) is to be removed from the vehicle under subregulation (5) or (6) .

Penalty:  Fine not exceeding 20 penalty units.

47.   Lost or damaged licence number plates

(1)  If a licence number plate is damaged to the extent that it is unusable, the responsible operator of the taxi licence in respect of which the licence number plate was issued must, as soon as practicable after the responsible operator discovers the damage –

(a) notify, in writing, the Commission of the damage; and

(b) return the damaged licence number plate to the Commission.

Penalty:  Fine not exceeding 5 penalty units.

(2)  If a licence number plate is returned to the Commission under subregulation (3) , the responsible operator of the taxi licence in respect of which the licence number plate was issued is taken to have satisfied the requirements in subregulation (1) for that licence number plate.

(3)  If a licence number plate issued in respect of a perpetual taxi licence is damaged to the extent that it is unusable, the owner of the perpetual taxi licence may, as soon as practicable after the owner discovers the damage –

(a) notify, in writing, the Commission of the damage; and

(b) return the damaged licence number plate to the Commission.

(4)  If a licence number plate is lost, the responsible operator of the taxi licence in respect of which the licence number plate was issued must notify the Commission of the loss, in writing, as soon as practicable after the operator discovers the loss.

Penalty:  Fine not exceeding 5 penalty units.

(5)  If the owner of a perpetual taxi licence notifies the Commission of the loss of a licence number plate under subregulation (6) , the responsible operator of the perpetual taxi licence in respect of which the licence number plate was issued is taken to have satisfied the requirements in subregulation (4) for that licence number plate.

(6)  If a licence number plate issued in respect of a perpetual taxi licence is lost, the owner of the perpetual taxi licence in respect of which the licence number plate was issued may notify the Commission of the loss, in writing, as soon as practicable after the owner discovers the loss.

(7)  The Commission may request the responsible operator, who notified the Commission under subregulation (4) , or the owner of a perpetual taxi licence, who notified the Commission under subregulation (6) , to provide to the Commission, within a period specified by the Commission, any evidence the Commission requires to satisfy the Commission of the loss.

(8)  A person to whom a request is made under subregulation (7) must comply with that request within the period specified by the Commission.

Penalty:  Fine not exceeding 5 penalty units.

(9)  A licence number plate returned to the Commission under subregulation (1) or (3) , or notified as lost under subregulation (4) or (6) , is void.

(10)  The Commission is to cancel a licence number plate that is void under subregulation (9) .

48.   Replacement licence number plates

(1)  If the responsible operator of an owner-operator taxi licence, a wheelchair-accessible taxi licence or a temporary taxi licence returns a licence number plate to the Commission under regulation 47(1) , or notifies the Commission that a licence number plate is lost under regulation 47(4) , the responsible operator may apply to the Commission for a replacement licence number plate.

(2)  If the responsible operator of a perpetual taxi licence returns a licence number plate to the Commission under regulation 47(1) , or notifies the Commission that a licence number plate is lost under regulation 47(4) , the responsible operator or the owner of the perpetual taxi licence may apply to the Commission for a replacement licence number plate.

(3)  If the owner of a perpetual taxi licence returns a licence number plate to the Commission under regulation 47(3) , or notifies the Commission that a licence number plate is lost under regulation 47(6) , the owner or the responsible operator of the perpetual taxi licence may apply for a replacement licence number plate.

(4)  An application for a replacement number plate is to be –

(a) in writing; and

(b) in a form approved by the Commission.

(5)  On receipt of the application for a replacement licence number plate and payment of a fee of 18 fee units, the Commission may issue, to the person who made the application, a replacement licence number plate –

(a) with the same number as the licence number plate being replaced; or

(b) with a different number from the licence number plate being replaced.

49.   Issue of labels

(1)  The Commission may issue a label, in a form approved by the Commission, to the responsible operator of a taxi licence.

(2)  On issuing a label, the Commission is to provide the responsible operator of the taxi licence to whom the label was issued with written instructions on how the label is to be affixed to the vehicle used to provide the taxi service under the authority of the taxi licence.

(3)  A label remains the property of the Commission and is issued in addition to, or in substitution for, any other label or form of identification issued by the Commission under the Act or these regulations.

(4)  The Commission may request a person to whom a label was issued to return the label to the Commission within a period specified by the Commission.

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

Penalty:  Fine not exceeding 5 penalty units.

50.   Obligation to display labels

(1)  The responsible officer of a taxi licence to whom a label is issued under regulation 49 must ensure that –

(a) the label is affixed as instructed under regulation 49(2) to the vehicle used to provide the taxi service under the authority of the taxi licence; and

(b) while the vehicle is operating as a taxi, the label remains affixed as instructed under regulation 49(2) .

Penalty:  Fine not exceeding 5 penalty units.

(2)  The Commission may instruct the responsible officer of a taxi licence to remove a label from the vehicle used to provide the taxi service under the licence if the Commission considers it appropriate to do so.

(3)  The responsible operator of a taxi licence must comply with an instruction given to the responsible operator by the Commission under subregulation (2) .

Penalty:  Fine not exceeding 5 penalty units.

31.    Regulation 52 rescinded

Regulation 52 of the Principal Regulations is rescinded.

32.    Regulation 54 amended (Lost or damaged labels)

Regulation 54 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "practical after the loss or damage is discovered" and substituting "practicable after the person discovers the loss or damage";

(b) by omitting from subregulation (2) "the holder of a lost or damaged label" and substituting "the person who notified the Commission under subregulation (1) ";

(c) by omitting from subregulation (2) "such written evidence as the Commission requires to satisfy it of the loss or damage" and substituting "any evidence the Commission requires, within a period specified by the Commission, to satisfy the Commission of the loss or damage";

(d) by omitting from subregulation (3) "in the request" and substituting "by the Commission";

(e) by omitting from subregulation (4) "the specified fee" and substituting "a fee of 10 fee units".

33.    Regulation 56 amended (Trip subsidies)

Regulation 56 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulations:

(1A)  The Commission may pay a trip subsidy to the holder of a temporary taxi licence, which authorises the provision of a wheelchair-accessible taxi service, for each journey on which the taxi operating under the authority of the licence carries at least one wheelchair passenger.

(1B)  The Commission may pay a trip subsidy to the responsible operator of a perpetual taxi licence or the holder of an owner-operator taxi licence, authorised under section 93 of the Act to operate a service equivalent to a wheelchair-accessible taxi service, for each journey on which the taxi operating under the authority of the licence carries at least one wheelchair passenger.

34.    Regulation 57 amended (Duties of drivers)

Regulation 57 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (4)(c) "under the authorisation of the Commission given under" and substituting "as authorised by the Commission in accordance with";

(b) by omitting paragraph (h) from subregulation (5) and substituting the following paragraph:

(h) discriminate against a person with a disability who has an assistance animal, as defined in section 9(2) of Disability Discrimination Act 1992 of the Commonwealth, by refusing to transport the assistance animal, except in accordance with section 54A of that Act.

35.    Regulation 60 rescinded

Regulation 60 of the Principal Regulations is rescinded.

36.    Regulation 67 amended (Sealing a taximeter)

Regulation 67 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:

(1A)  An authorised meter adjuster must not seal, under these regulations, a taximeter that is programmed with the third tariff or fourth tariff, unless he or she is satisfied that the vehicle in which the taximeter is installed is being operated, or it is intended that it be operated, either –

(a) under the authority of –

(i) a wheelchair-accessible taxi licence; or

(ii) a temporary taxi licence that authorises the provision of a wheelchair-accessible taxi service; or

(b) as authorised by the Commission in accordance with section 93 of the Act.

Penalty:  Fine not exceeding 20 penalty units.

37.    Regulation 71 rescinded

Regulation 71 of the Principal Regulations is rescinded.

38.    Schedule 1 amended (Vehicle specifications)

Clause 1 of Schedule 1 to the Principal Regulations is amended by omitting paragraph (c) .

39.    Schedule 3 amended (Standard fares)

Schedule 3 to the Principal Regulations is amended as follows:

(a) by omitting subclause (1) from clause 2 and substituting the following subclause:

(1) This clause applies to a taxi that is operated under a licence –

(a) that relates to the Hobart, Launceston, Burnie, Devonport, Perth, Ulverstone or West Tamar taxi area; and

(b) that has a condition imposed on the licence authorising the tariff for the taxi to be charged in accordance with this clause.

(b) by omitting subclause (1) from clause 4 and substituting the following subclause:

(1) Subject to clause 2(1)(b), this clause applies to a taxi that is operated under a licence that relates to a taxi area not covered by clause 2 or 3 .

(c) by omitting from clause 6(3) "person using the taxi" and substituting "passenger travelling in the taxi";

(d) by omitting from clause 6(3) "person" second occurring and substituting "passenger";

(e) by inserting in clause 6(4) ", incurred during the hire of the taxi" after "fees".

40.    Schedule 5 amended (Fees)

Schedule 5 to the Principal Regulations is amended as follows:

(a) by omitting item 4 from Part 1 and substituting the following:

4.

Issue of replacement licence number plate

18

(b) by omitting item 5 from Part 2 and substituting the following:

5.

Issue of replacement licence number plate

18

(c) by omitting item 5 from Part 3 and substituting the following:

5.

Issue of replacement licence number plate

18

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

Notified in the Gazette on 26 June 2013

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

EXPLANATORY NOTE

(This note is not part of the regulation)