Taxi Industry Regulations 1996

Taxi Industry Regulations 1996

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 Industry Act 1995 .

G. S. M. GREEN

Governor

By His Excellency's Command,

T. JOHN CLEARY

Minister for Transport

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Taxi Industry Regulations 1996 .

2.   Commencement

These regulations take effect on 2 January 1997.

3.   Interpretation

In these regulations –

Act means the Taxi Industry Act 1995 ;

authorised officer means an officer of the Commission authorised under section 9(2) of the Traffic Act 1925 ;

compliance plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Vehicles Standards Act 1989 ;

driver means a person who is engaged or employed in driving a taxi, or who is in charge of a taxi;

fare agreement means an agreement between the Commission and an accredited taxi group permitting the charging of fares other than those prescribed in Schedule 2 to the Traffic (Public Vehicles) Regulations 1967 ;

licence means a perpetual taxi licence or a temporary taxi licence issued under the Act;

licence number-plate means the plate bearing the number and or letters of the licence under the authority of which a vehicle is used as a taxi;

licensed taxi means a taxi in respect of which a licence is in force;

licensee means the holder of a licence;

public street has the same meaning as in the Traffic Act 1925 ;

public vehicle stand means a space indicated by road sign number 32 of the Traffic (General and Local) Regulations 1956 as a standing space for public vehicles;

register of taxi licences means the register required to be kept by the Commission in accordance with regulation 11 ;

responsible operator in relation to a taxi means –

(a) if an arrangement exists under regulation 15 , the person named in that arrangement as the responsible operator and entered on the register of taxi licences; or

(b) if no such arrangement is in force, the licensee;

security interest means an interest acknowledged in, created by or otherwise arising under a mortgage, lease, hire-purchase agreement or charge, against a licence;

standard fare means the fare for the hire of a taxi as prescribed in Schedule 2 to the Traffic (Public Vehicles) Regulations 1967 ;

taxi means a vehicle that is authorised to stand or ply for hire under a licence;

taximeter means an electronic or mechanical instrument which -

(a) calculates the charge for hiring a taxi according to distance travelled or waiting time or both; and

(b) indicates that charge in figures;

taxi zone means a space indicated by Road Sign No. 32B referred to in the Traffic (General and Local) Regulations 1956 in which taxis may stand.

4.   Application of these regulations

These regulations apply only to a taxi and to the driver, licensee or responsible operator of a taxi operating in an area prescribed as a taxi area under the Taxi Industry (Taxi Areas) Regulations 1996 .

5.   Application of Traffic (Public Vehicles) Regulations 1967

(1)  In addition to complying with these regulations a driver, licensee or responsible operator must comply with the Traffic (Public Vehicles) Regulations 1967 so far as they apply to cabs.

(2)  If a provision of these regulations is inconsistent with a provision of the Traffic (Public Vehicles) Regulations 1967 , the provision of these regulations prevails and the provision of those regulations is, to the extent of the inconsistency, invalid.

6.   Forms

A reference in these regulations to a form by number is a reference to the form of that number as set out in Schedule 3 .

PART 2 - Licensing of taxis

7.   Fees for taxi licences

(1)  The prescribed fees for various services associated with the administration and operation of taxi licences are specified in Schedule 1 .

(2)  A failure by a person required by these regulations to pay any fee constitutes a debt to the Commission which is recoverable as such in a court of competent jurisdiction.

8.   Perpetual taxi licences

(1)  An application for a new perpetual taxi licence –

(a) is to be in writing; and

(b) is to be in accordance with Form 1 ; and

(c) is to specify the area to which the application applies; and

(d) is to include any details required by the form; and

(e) is to be accompanied by the application fee specified in Schedule 1.

(2)  The Commission, by notice in writing, may require an applicant for a licence to produce the vehicle to which the application relates for inspection at a time and place specified in the notice.

(3)  The holder of a perpetual taxi licence must pay the annual administration fee set out in Schedule 1 .

9.   Temporary taxi licences

(1)  The holder of a temporary taxi licence must cause a taxi operated under the authority of that licence to display a label issued by the Commission stating the expiry date of the licence.

Penalty:  Fine not exceeding 5 penalty units.

(2)  An application from an accredited taxi group for a temporary taxi licence –

(a) is to be in writing; and

(b) is to be in accordance with Form 2 ; and

(c) is to include any details required by the form; and

(d) is to be accompanied by the fee specified in Schedule 1.

(3)  A vehicle in respect of which a temporary taxi licence is issued must be inspected and approved by the Commission as suitable to operate as a taxi before the issue of a licence.

(4)  A responsible operator must remove a label issued under subregulation (1) after the expiry of the temporary taxi licence.

Penalty:  Fine not exceeding 2 penalty units.

10.   Particulars to be entered on licences

The Commission must enter on a perpetual taxi licence or a temporary taxi licence –

(a) the name and address of the licensee; and

(b) the licence number; and

(c) the taxi area within, to or from which the vehicle specified in the licence is authorised to operate as a taxi.

11.   Register of taxi licences

(1)  The Commission must maintain a register of all persons holding a licence and any person with a contingent interest in that licence.

(2)  The particulars to be entered on the register are to include the following:

(a) the name and address of the responsible operator, if different from the licensee;

(b) the licence number;

(c) the details of the taxi area within, to or from which the vehicle to which the licence relates is to operate;

(d) the details of any taxi group, accredited or otherwise, of which the licensee, driver or responsible operator is a member;

(e) the details of the vehicle operating under the authority of the licence, including the maximum number of adult passengers the vehicle may carry;

(f) any security interest held against the licence, including the name of the holder of the security;

(g) in the case of a temporary taxi licence, the period of the licence and details of any conditions or restrictions applicable to that licence;

(h) any permit issued to the responsible operator allowing the use of a substitute vehicle in respect of a licence;

(i) in the case of an accredited taxi group responsible for the operation of the relevant taxi, a reference to the agreement made between the Commission and the group.

12.   Transfer of ownership of licence

(1)  The transferor of a perpetual taxi licence is to notify the Commission –

(a) in writing; and

(b) in accordance with Form 3 .

(2)  A notification must be accompanied by the appropriate fee specified in Schedule 1 .

(3)  The Commission must keep a record of any change of ownership of a licence or any interest in a licence.

13.   Replacement vehicles

(1)  An application for the transfer of a licence in respect of one vehicle to another vehicle –

(a) is to be in writing; and

(b) is to be in accordance with Form 4 ; and

(c) is to include any details required by the form.

(2)  Before approving an application for the transfer of a licence from one vehicle to another, the Commission must be satisfied that the other vehicle is suitable for use as a taxi.

(3)  An application must be accompanied by the fee specified in Schedule 3 to the Traffic Act 1925 .

(4)  The Commission must keep a record of any replacement vehicles operating under a licence.

14.   Security interests

(1)  The holder of a security interest in a perpetual taxi licence may apply for the registration of a security interest against that licence.

(2)  An application for registration of a security interest –

(a) is to be in writing; and

(b) is to be in accordance with Form 5 ; and

(c) is to supply any details required by the form.

(3)  On receipt of an application, the Commission is to register the name of the applicant as the holder of a security interest against the licence specified in the application.

(4)  The holder of a registered security interest in a perpetual taxi licence must notify the Commission in writing within 14 days after the security interest being discharged or extinguished.

Penalty:  Fine not exceeding 2 penalty units.

15.   Taxi leasing arrangements

(1)  If the owner of a perpetual taxi licence leases or assigns that licence to another person –

(a) that other person is the responsible operator; and

(b) the owner is to notify the Commission in writing within 14 days of –

(i) the name and address of the responsible operator; and

(ii) details of the vehicle proposed to operate under that licence.

(2)  The notification to the Commission is to be signed by both parties to the assignment or leasing arrangement.

(3)  The Commission is to record the details referred to in subregulation (1)(b) in the register of taxi licences.

(4)  The lessee and the assignee of a perpetual taxi licence must notify the Commission in writing within 14 days after the termination of the leasing arrangement or assignment.

Penalty:  Fine not exceeding 5 penalty units.

16.   Vehicles suitable to be licensed as taxis

(1)  For the purposes of these regulations, the age of a vehicle is to be determined by the month and year of its compliance plate.

(2)  A vehicle on first being used as a taxi is not to be more than 5 years old unless the Commission is satisfied that it is suitable for that use.

(3)  A licence in respect of a vehicle that is more than 8 years old is of no effect, unless the Commission –

(a) is satisfied the vehicle is suitable for use as a taxi; and

(b) has made an endorsement to that effect on the licence.

17.   Number-plates

While a licence is in force in respect of a taxi the responsible operator must ensure that –

(a) a licence number-plate issued in respect of that vehicle is affixed immediately above or adjacent to the front number-plate; and

(b) the licence number-plate is clearly visible; and

(c) a label issued in respect of that vehicle is affixed on the left hand side of the inner side of the windscreen.

Penalty:  Fine not exceeding 5 penalty units.

PART 3 - Ballot for buy backs

18.   Ballot for buy backs

A ballot under section 17(7) of the Act is to be conducted in the following manner:

(a) an officer appointed by the Commission must, in the presence of 2 other officers and a member of the Taxi Industry Association of Tasmania Limited in Tasmania, enclose each tender subject to ballot in an envelope and deposit all the envelopes in a locked ballot-box;

(b) the envelopes are to be or as nearly identical as practicable;

(c) an officer appointed by the Commission must shake and rotate the ballot-box and permit any other person present, if he or she so desires, to do the same;

(d) the ballot-box is to be unlocked and another officer appointed by the Commission must take out and open the envelopes from it one by one; and

(e) the licence holders entitled to buy back are determined by the order in which the envelopes are withdrawn from the ballot box.

PART 4 - Accreditation of taxi groups

19.   Accreditation of taxi groups

(1)  An application for accreditation –

(a) is to be in writing; and

(b) is to be addressed to the Commission; and

(c) is to give full details of the service to be provided; and

(d) is to state the members of the proposed accreditated taxi group.

(2)  The Commission must not approve an application unless it considers that the proposed members are able to comply with the terms and conditions set down in a proposed agreement between the Commission and the group.

(3)  A proposed agreement is to be in the public interest and for the benefit of all persons using taxis in the area to which it relates.

20.   Variation or cancellation of accreditation agreement

(1)  The Commission may vary or cancel an accreditation agreement if –

(a) the taxi group is no longer capable of providing an efficient and reliable taxi service in accordance with the agreement; or

(b) the taxi group obtained accreditation by fraud or misrepresentation; or

(c) the taxi group requests the Commission to vary or cancel the agreement and the Commission agrees to the request.

(2)  Before varying or cancelling a taxi group's accreditation agreement, the Commission must –

(a) serve notice on the taxi group stating why the Commission considers the agreement should be varied or cancelled; and

(b) allow the group a reasonable opportunity to make a submission in relation to the variation or cancellation.

(3)  Subregulation (2) does not apply if the variation or cancellation was requested by the relevant accredited taxi group.

PART 5 - Operation of taxis

21.   Fares and charges

(1)  Subject to subregulation (2) , the standard fares and charges for the hire of a taxi are as set out in Schedule 2 to the Traffic (Public Vehicles) Regulations 1967 .

(2)  If a taxi licence is subject to an approved fare agreement between the Commission and an accredited taxi group or persons, the driver must charge the fares specified in that agreement.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A driver of a taxi, before accepting a hiring, may request the payment of a deposit that does not exceed the anticipated cost of the hiring.

22.   Duties of responsible operators and drivers

(1)  A responsible operator must cause to be carried in the taxi prominent notice of the standard fares and charges or any alternative fares approved in respect of the taxi.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The responsible operator of a taxi must ensure that any alternative fares approved in respect of that taxi are displayed in a manner acceptable to the Commission.

Penalty:  Fine not exceeding 10 penalty units.

23.   Taximeters

The responsible operator of a taxi must ensure that the taxi is fitted with –

(a) a taximeter that complies with the requirements of this Part; and

(b) a taxi sign that complies with the requirements of Schedule 2 ; and

(c) if the taxi is required to operate on both the first tariff and the second tariff, external tariff lights that comply with Schedule 2 .

Penalty:  Fine not exceeding 10 penalty units.

24.   Use of taxis

(1)  Subject to subregulation (3) , a driver must not operate a taxi from a public vehicle stand or taxi zone that is not within the taxi area for which the person is licensed to operate the taxi.

Penalty:  Fine not exceeding 5 penalty units.

(2)  Subject to subregulation (3) , if a taxi is hired for the carriage of passengers, the driver –

(a) as soon as the taxi is hired and not before, must start the taximeter; and

(b) immediately at the end of the hiring, stop the taximeter or operate it to hold the reading constant.

Penalty:  Fine not exceeding 5 penalty units.

(3)  Subregulation (2) 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 approved by the Commission entered into between the licensee or his or her agent and any other person; or

(c) in accordance with a term of an accreditation agreement.

25.   Approval and installation of taximeters

(1)  A taximeter is to be –

(a) of a type approved by the Commission; and

(b) installed in a manner approved by the Commission; and

(c) mounted so as to be clearly visible to passengers; and

(d) capable of displaying the figures relating to the tariff on which the meter is operating and hiring charges as set out in Schedule 2 to the Traffic (Public Vehicles) Regulations 1967 ; and

(e) capable of being switched to a position so that the figure relating to the charge for the hire of that taxi is held constant; and

(f) tested and sealed in accordance with regulation 26 ; and

(g) capable of being set in motion by the driver of a taxi immediately a hiring commences.

(2)  The Commission must publish details of any taximeter approved for use in a taxi and the method of its installation.

26.   Evidence of testing

(1)  A taximeter installed in a taxi is to be tested under regulation 27 before it is used under these regulations.

(2)  A driver must produce evidence of testing, in the form of a test certificate or similar document, if requested by an authorised officer or police officer.

Penalty:  Fine not exceeding 2 penalty units.

(3)  A taximeter that is tested and found to be correct must be sealed by that authorised officer or police officer in such a manner so as to prevent any interference with the internal parts without breaking the seal.

27.   Testing and sealing of taximeters

(1)  The responsible operator of a taxi must –

(a) ensure that the taximeter calculates fares accurately; and

(b) submit the taximeter to an authorised officer for testing and readjustment if necessary; and

(c) submit the taximeter to an authorised officer or police officer for testing at time specified by the Commission; and

(d) cause the taximeter to be readjusted and tested at any other times the responsible operator finds it necessary.

Penalty:  Fine not exceeding 5 penalty units.

(2)  The Commission, an authorised officer or 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.

(3)  In testing a taximeter, the authorised officer or police officer may allow a limit of error not exceeding 1.5 per cent.

(4)  The responsible operator must pay to the Commission the fee specified in Regulation 40(4) of the Traffic (Public Vehicles) Regulations 1967 on every occasion on which the taximeter affixed to the taxi is tested under this Part by an authorised officer or police officer.

28.   Interference with taximeters

The responsible operator or driver must not operate a taxi if the affixed taxi meter is not registering correctly, is out of order or has a broken seal.

Penalty:  Fine not exceeding 10 penalty units.

PART 6 - Miscellaneous

29.   Inspection requirements

Unless an agreement has been made between the Commission and an accredited taxi group in relation to the inspection of taxis, a taxi must be presented by the responsible operator for inspection by an authorised officer or police officer at least every 6 months, and at any other time specified by the Commission.

Penalty:  Fine not exceeding 5 penalty units.

30.   Notice for production of vehicles

(1)  The Commission, by notice in writing, may require a responsible operator to produce for inspection a taxi, together with any equipment used or to be used in connection with its operation, to an authorised officer at the time and place specified in the notice.

(2)  If it appears to the Commission that an authorised officer or police officer cannot adequately inspect any part of a taxi and that inspection of the part is necessary to determine if the vehicle is roadworthy, the Commission, by notice in writing, may require the responsible operator to submit the vehicle to a technical examination at the time and place and by the person specified in the notice.

31.   Lost property

If any property left in a taxi remains unclaimed for 7 days, the driver or responsible operator of the taxi must deliver the property as soon as possible to the nearest police station.

32.   Advertising material in or on taxis

A responsible operator or driver of a taxi must not use or drive the taxi if it contains any advertising matter that –

(a) is unsafe or distracting to other drivers; or

(b) detracts from the comfort and convenience of the passengers.

Penalty:  Fine not exceeding 2 penalty units.

33.   Returns to be supplied

(1)  The Commission may require by notice in writing that a responsible operator or a member of an accredited taxi group supply the Commission with any information relating to the operation of the taxi that the Commission considers necessary for the effective administration of the Act.

(2)  The responsible operator must supply the returns within 14 days after receiving notice under subregulation (1) .

Penalty:  Fine not exceeding 2 penalty units.

(3)  Any return or information required for the purposes of this regulation is to be –

(a) in writing; and

(b) treated as strictly confidential.

34.   Service of notices

For the purposes of these regulations, a notice is duly served on the responsible operator or driver of a taxi if it is served personally or left at the last address specified in, or endorsed on, the licence, certificate of registration, or driver's licence of that responsible operator or driver.

35.   Expiry

[Regulation 35 Amended by S.R. 1997, No. 194, Applied:31 Dec 1997] [Regulation 35 Amended by S.R. 1998, No. 88, Applied:30 Jun 1998] These regulations expire on 31 March 1999.

SCHEDULE 1 - Fees

Regulations 7 , 8 , 9 and 12

SCHEDULE 2 - Requirements for taxis

Regulation 23

1.   Taxi signs

A taxi sign –

(a) must have at least one light enclosed capable of illuminating the sign at day or night; and

(b) must display to the front of the taxi the word "taxi" or similar words to indicate that it is a taxi; and

(c) must be switched on when the vehicle is operating as a taxi, and switched off when the taxi is not available for hire, but need not be switched on when the vehicle is standing for hire on a public rank during daylight hours.

2.   External tariff indicator lights

External tariff indicator lights must –

(a) be yellow or amber in colour; and

(b) be mounted one on each side of the taxi sign; and

(c) each be fitted with a globe of not less than 4 and not more than 6 watts; and

(d) not be fitted with reflectors; and

(e) be wired so that when the taximeter is operating –

(i) in the first tariff, the light on the left or near-side is illuminated; and

(ii) in the second tariff, both lights are illuminated.

SCHEDULE 3 - Forms

Regulations 6 , 9 , 12 , 13 and 14

Form 1

Form 2

Form 3

Form 4

Form 5

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

Notified in the Gazette on 25 December 1996

These regulations are administered in the Department of Transport.