Taxi Industry Amendment (Remote Electronic Updates) Regulations 2022

Taxi Industry Amendment (Remote Electronic Updates) Regulations 2022

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 Hire Vehicle Industries Act 2008 .

22 August 2022

B. BAKER

Governor

By Her Excellency's Command,

MICHAEL DARREL JOSEPH FERGUSON

Minister for Infrastructure and Transport

1.   Short title

These regulations may be cited as the Taxi Industry Amendment (Remote Electronic Updates) Regulations 2022 .

2.   Commencement

These regulations take effect on 1 September 2022.

3.   Principal Regulations

In these regulations, the Taxi Industry Regulations 2018 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 relevant fares :

remote electronic update, in respect of a taximeter, means an update, to the functions of the taximeter that correctly calculate and indicate the relevant fares for the taxi in which the taximeter is installed, that is undertaken without physical contact with the taximeter;

(b) by inserting the following definition after the definition of tariff indicator light :

taxi dispatch service means a service –

(a) that provides radio base, computer or telephone services for taxis or makes arrangements for the provision of those services to taxis; or

(b) that provides controlling, co-ordinating, administrative or other services to an operator of a taxi service for the purpose of arranging for a person who requests a taxi service to be provided with one;

5.    Regulation 20 substituted

Regulation 20 of the Principal Regulations is rescinded and the following regulation is substituted:

20.   Taximeter seals

A person must not seal a taximeter unless the person is an authorised meter adjuster.

Penalty:  Fine not exceeding 10 penalty units.

6.    Regulation 20A inserted

After regulation 20 of the Principal Regulations , the following regulation is inserted in Division 2:

20A.   Responsibilities in relation to taximeters

If a taximeter installed in a vehicle that is being operated under the authority of a taxi licence has undergone a remote electronic update –

(a) the taxi dispatch service that provides services to the vehicle; or

(b) if the vehicle does not receive services from a taxi dispatch service, the responsible operator in relation to that taxi licence –

must notify the Commission, within 14 days of the update occurring, that evidence has been received by the service or operator, respectively, that the update has occurred in respect of the vehicle.

Penalty:  Fine not exceeding 10 penalty units.

7.    Regulation 23 amended (Reprogramming of taximeters)

Regulation 23 of the Principal Regulations is amended by omitting "in any way" and substituting "physically".

8.    Regulation 66 amended (Sealing a taximeter)

Regulation 66(4) of the Principal Regulations is amended by omitting "taximeter" first occurring and substituting "taximeter that is unable to undergo a remote electronic update".

9.   Legislation rescinded

The legislation specified in Schedule 1 is rescinded.

SCHEDULE 1 - Legislation rescinded

Regulation 9

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

Notified in the Gazette on 31 August 2022

These regulations are administered in the Department of State Growth.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Taxi Industry Regulations 2018 by –

(a) updating certain provisions to allow for remote electronic updates to be made to taximeters, and notifications to be given in relation those updates; and

(b) rescinding certain amendment instruments, the contents of which have been incorporated into the principal regulations.