Luxury Hire Car Industry Regulations 2000

Luxury Hire Car Industry Regulations 2000

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 1995.

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Luxury Hire Car Industry Regulations 2000 .

2.   Commencement

These regulations take effect immediately after the Passenger Transport Act 1997 commences.

3.   Interpretation

In these regulations –

Act means Taxi and Luxury Hire Car Industries Act 1995 ;

licence has the same meaning as in Part 4A of the Act;

licensee has the same meaning as in Part 4A of the Act;

public place means any place to which, at the relevant time, the public have access, whether on payment of money for admission or otherwise;

prescribed fee, for any matter, means the fee prescribed for that matter in Schedule 1 .

PART 2 - Licence controls

Division 1 - Information and identification

4.   Form of licence

A licence is to be in such form as the Commission determines but must contain at least the following information:

(a) the name and address of the licensee;

(b) the licence number;

(c) particulars of the vehicle to which the licence applies;

(d) the date on which the licence was issued and the date on which, unless sooner forfeited or surrendered, it expires if not renewed;

(e) particulars of any conditions of the licence.

5.   Register of licences

(1)  The Commission must keep a register of licences in which it is to record, in respect of each licence issued –

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

(b) the licence number; and

(c) particulars of the vehicle to which the licence applies; and

(d) the conditions of the licence; and

(e) particulars of any renewal, transfer, suspension or cancellation of the licence; and

(f) such other matters as the Commission considers appropriate.

(2)  The register is not a public register.

6.   Distinguishing plates and labels

(1)  The Commission may issue a licensee with a distinctive plate or label, or both, for the vehicle to which the licensee’s licence applies.

(2)  A plate or label so issued may be in such form as the Commission determines.

(3)  A plate or label so issued may be in addition to, or in substitution for, any other plate, label or form of identification issued by the Commission in respect of the vehicle.

(4)  A plate so issued remains the property of the Commission.

(5)  If the Commission exercises its power under subregulation (1) , it must also issue the licensee with written instructions for the affixing of the plate or label on the vehicle for which the licence has been issued.

(6)  A person who is issued with a plate or label for a vehicle under this regulation must –

(a) affix the plate or label to the vehicle in accordance with the Commission’s written instructions; and

(b) keep the plate or label affixed to the vehicle in accordance with the Commission’s written instructions for so long as the person holds a licence in respect of the vehicle; and

(c) cause the plate or label to be completely covered up during any period during which the person’s licence in respect of the vehicle is suspended; and

(d) remove the plate or label from the vehicle within 14 days after the day on which the person’s licence in respect of the vehicle expires, is surrendered or is cancelled; and

(e) return the plate to the Commission within 30 days after the day on which the person’s licence expires, is surrendered or is cancelled.

Penalty:  Fine not exceeding 10 penalty units.

(7)  In any proceedings under subregulation (6) it is a defence for the person charged to show that –

(a) [Regulation 6 Subregulation (7) amended by S.R. 2000, No. 143, Applied:14 Aug 2000] at the time of the offence, he or she was not the registered operator of the vehicle; and

(b) [Regulation 6 Subregulation (7) amended by S.R. 2000, No. 143, Applied:14 Aug 2000] the commission of the offence was due to an action or omission taken or made by the registered operator; and

(c) [Regulation 6 Subregulation (7) amended by S.R. 2000, No. 143, Applied:14 Aug 2000] before the commission of the offence, the person charged had taken reasonable steps in relation to the registered operator to prevent the offence being committed.

(8)  The Commission may issue a licensee with a replacement plate or label on payment of a prescribed fee.

7.   Applications for transfer

An application under section 23F of the Act is to be –

(a) lodged with the Commission; and

(b) made on a form that the Commission has provided or approved for the purpose; and

(c) accompanied by the prescribed fee; and

(d) supported by such information or evidence as the Commission requires.

8.   Change of name or address

A person who holds a licence must, within 30 days after changing his or her name or postal address, notify the Commission of the person’s new name or postal address.

Penalty:  Fine not exceeding 10 penalty units.

Division 2 - Suspension and cancellation

9.   Suspension of licences

(1)  The circumstances in which the Commission may suspend a licence are as follows:

(a) where the licensee has failed to comply with a condition of the licence;

(b) where the vehicle to which the licence applies has ceased temporarily to be registered;

(c) where the vehicle to which the licence applies has ceased to be a luxury vehicle.

(2)  The Commission, if it considers that the circumstances permit, may give the licensee notice of its intention to suspend the licence and consider any representations of the licensee.

(3)  On suspending a licence, the Commission must immediately give the licensee notice of the suspension, the reasons for the suspension and the actions that the licensee must take to have the suspension lifted.

(4)  A licence is not valid during any period of suspension but a suspended licence may be renewed.

(5)  Subregulation (4) is not to be taken as relieving the licence holder from any obligation under Part 4A of the Act or these regulations in respect of the suspended licence or as preventing the Commission from exercising any power that it could exercise if the licence were not suspended.

10.   Cancellation of licences

(1)  The circumstances in which the Commission may cancel a licence are as follows:

(a) where it is satisfied that the licensee has failed to comply with a condition of the licence, being a condition that the Commission considers to be a fundamental licence condition;

(b) where it is satisfied that the vehicle to which the licence applies has ceased to be registered and is likely to remain unregistered indefinitely or for a prolonged period;

(c) where it is satisfied that the vehicle to which the licence applies has ceased to be a luxury vehicle but is still being offered for hire as a luxury hire car.

(2)  The Commission, if it considers that the circumstances permit, may give the licensee notice of its intention to cancel the licence and consider any representations of the licensee.

(3)  On cancelling a licence, the Commission must immediately give the licensee notice of the cancellation and the reasons for the cancellation and the actions, if any, that the Commission requires the licensee to take as a result of the cancellation.

Division 3 - Licensing offences

11.   Custom not to be solicited in a public place

(1)  A licensee must not solicit, in a public place, a person to hire a luxury hire car.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A licensee must not cause or permit a person on the licensee's behalf to solicit, in a public place, another person to hire a luxury hire car.

Penalty:  Fine not exceeding 10 penalty units.

(3)  For the purposes of this regulation, the mere display of an unattended advertisement for a luxury hire car business, whether or not the advertisement gives notice that a luxury hire car is available to be booked for hire, does not constitute soliciting in a public place.

12.   Luxury hire cars not to be hired out unless booked

A licensee must not hire out a luxury hire car, or cause or permit another person to hire out a luxury hire car, unless the hiring was booked in advance.

Penalty:  Fine not exceeding 10 penalty units.

PART 3 - Miscellaneous

13.   Meaning of non-metropolitan area for Schedule 5

An area is taken to be a non-metropolitan area for the purposes of clause 2 of Schedule 5 to the Act if no part of the area is within –

(a) 8 kilometres of the Burnie Post Office; or

(b) 9 kilometres of the Devonport Post Office; or

(c) 12 kilometres of the General Post Office at Hobart; or

(d) 8 kilometres of the General Post Office at Launceston; or

(e) the precincts of Hobart Airport or Launceston Airport.

14.   Prescribed fees

The fees specified in Schedule 1 are prescribed as the fees that are payable for the matters to which they respectively relate.

SCHEDULE 1 - Fees

Regulations 3 and 14

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

Notified in the Gazette on 21 June 2000

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