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 .

16 December 1996

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 –[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000]

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] Act means the Taxi and Luxury Hire Car Industries Act 1995 ;

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

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] compliance plate means an identification plate approved to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth;

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

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] fare agreement means an agreement between the Commission and an accredited taxi group or person permitting the charging of fares other than those prescribed in Schedule 4 ;

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;

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] luxury hire car means a luxury hire car within the meaning of Part 4A of the Act;

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] luxury vehicle means a luxury vehicle within the meaning of Part 4A of the Act;

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] metropolitan taxi area means any of the following taxi areas:

(a) Hobart taxi area;

(b) Launceston taxi area;

(c) Devonport taxi area;

(d) Burnie taxi area;

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] permit of substitution means a permit under section 22 of the Act;

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

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;

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] standard fare means the fare for the hire of a taxi as prescribed in Schedule 4 ;

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] taxi means a vehicle that is licensed and operated as a taxi under the Act;

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] taxi area means a taxi area specified in the Taxi Industry (Taxi Areas) Regulations 1996 for the purposes of the Act;

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;

[Regulation 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] taxi zone means a taxi zone within the meaning of rule 182 of the Road Rules.

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.   

[Regulation 5 Rescinded by S.R. 2000, No. 69, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

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) [Regulation 8 Subregulation (1) amended by S.R. 2000, No. 69, Applied:26 Jun 2000] is to be accompanied by the appropriate 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) [Regulation 9 Subregulation (2) amended by S.R. 2000, No. 69, Applied:26 Jun 2000] is to be accompanied by the appropriate 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)  [Regulation 13 Subregulation (3) amended by S.R. 2000, No. 69, Applied:26 Jun 2000] An application must be accompanied by the appropriate fee specified in Schedule 1 .

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

13A.   Permits of substitution

[Regulation 13A Inserted by S.R. 2000, No. 69, Applied:26 Jun 2000]

(1)  The power of the Commission under section 22 of the Act is to be exercised on the application of the licensee or responsible operator of the vehicle (in this regulation referred to as the "unavailable vehicle") that has ceased to be available.

(2)  The application is to –

(a) be lodged with the Commission; and

(b) identify the unavailable vehicle and the other vehicle (in this regulation referred to as the "substitute vehicle") that is proposed to be used in place of the unavailable vehicle; and

(c) give reasons for the proposed substitution and specify the period for which the substitution is required; and

(d) be supported by such evidence or other information as the Commission may require.

(3)  The Commission is not to issue a permit of substitution unless the substitute vehicle has been inspected by the Commission or an authorised officer and approved for use as a taxi.

(4)  A permit of substitution may be issued unconditionally or subject to conditions.

(5)  A permit of substitution is to be in such form and contain such information as the Commission determines but it must at least –

(a) identify the substitute vehicle; and

(b) specify the perpetual taxi licence to which the permit relates; and

(c) specify the area of operation of the substitute vehicle as a taxi; and

(d) specify the period of duration of the permit; and

(e) specify any conditions of the permit.

(6)  A permit of substitution may be issued for any period not exceeding 4 weeks.

(7)  The Commission may, on the application of the permit-holder and if satisfied that there are reasonable grounds for so doing, extend the duration of the permit for one further period not exceeding 4 weeks.

(8)  A person who holds a permit of substitution must not contravene or fail to comply with a condition of the permit.

Penalty:  Fine not exceeding 10 penalty units.

(9)  A person who holds a permit of substitution must –

(a) affix the taxi licence number plate of the unavailable vehicle to the substitute vehicle specified in the permit; and

(b) keep that taxi licence number plate affixed to that vehicle until the permit expires; and

(c) remove that taxi licence number plate from that vehicle as soon as the permit expires.

Penalty:  Fine not exceeding 10 penalty units.

(10)  A person must not use a vehicle as a taxi, or cause or allow a vehicle to be used as a taxi, if another vehicle is being used as a taxi in place of that vehicle under a permit of substitution.

Penalty:  Fine not exceeding 10 penalty units.

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.   Taxi standards: 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)  [Regulation 16 Subregulation (2) substituted by S.R. 2000, No. 69, Applied:26 Jun 2000] The Commission must not allow a vehicle to operate as a taxi for the first time unless the Commission determines that the vehicle is suitable for that use and the vehicle is –

(a) not more than 5 years of age if it is proposed to operate the vehicle under a licence that relates to a metropolitan taxi area; or

(b) not more than 7 years of age if it is proposed to operate the vehicle under a licence that relates to a taxi area other than a metropolitan taxi area.

(3)  [Regulation 16 Subregulation (3) substituted by S.R. 2000, No. 69, Applied:26 Jun 2000] Except as provided by subregulation (4) , the Commission must not allow a vehicle to operate as a taxi at any time if the Commission determines that the vehicle is not suitable for that use or the vehicle is –

(a) more than 8 years of age if it has been operating under a licence that relates to a metropolitan taxi area; or

(b) more than 10 years of age if it has been operating under a licence that relates to a taxi area other than a metropolitan taxi area.

(4)  [Regulation 16 Subregulation (4) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] The Commission may allow a vehicle that has previously operated as a taxi to continue operating as such notwithstanding that it exceeds the applicable maximum age specified in subregulation (3) if the Commission is satisfied that –

(a) the vehicle is still suitable for that use; and

(b) the vehicle does not exceed the applicable maximum age by more than 6 months; and

(c) by reason of an emergency or other special circumstances, it is necessary to allow the continued operation of the vehicle as a taxi to ensure that the relevant taxi area has an adequate taxi service.

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.   Standard fares and charges

[Regulation 21 Substituted by S.R. 2000, No. 69, Applied:26 Jun 2000]

(1)  The standard fares and extra charges for the hire of a taxi are as set out in Schedule 4 .

21A.   Charging of fares

[Regulation 21A Inserted by S.R. 2000, No. 69, Applied:26 Jun 2000]

(1)  In this regulation –

fare includes extra charges;

passenger means a person hiring a taxi;

standard fare includes extra charges allowable under regulation 21 ;

special agreement means a taxi hiring agreement entered into between an intending passenger and one or more of the following:

(a) a driver;

(b) a responsible operator;

(c) an accredited taxi group.

(2)  A driver must not charge a passenger more than the standard fare for a hiring unless –

(a) a higher fare is authorised by a fare agreement; or

(b) a higher fare is authorised by a special agreement entered into, and approved by the Commission, before the hiring.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A driver operating under a fare agreement must not charge a passenger more for a hiring than the fare authorised by that agreement.

Penalty:  Fine not exceeding 10 penalty units.

(4)  A driver must not charge a passenger for any period during which the taxi is delayed because of any of the following causes:

(a) a lack of fuel for the taxi;

(b) a mechanical breakdown of the taxi;

(c) a traffic accident involving the taxi;

(d) the lawful closure of a road or bridge, being a closure that was publicly notified in a newspaper before the hiring;

(e) the directions or other actions of a police officer or authorised officer who is investigating the commission or possible commission of an offence involving the driver or taxi;

(f) an event that the driver, with reasonable foresight, could have prevented or avoided.

Penalty:  Fine not exceeding 10 penalty units.

(5)  A driver may, before accepting any hiring, request the payment of a deposit not exceeding the expected 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.

(3)  [Regulation 22 Subregulation (3) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] A driver who accepts a hiring must travel by  –

(a) the route nominated by the passenger; or

(b) if no route is nominated, the most direct route that may reasonably be used from the point at which the taxi was hired to the destination stated by the passenger.

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)  [Regulation 24 Subregulation (1) amended by S.R. 2000, No. 69, Applied:26 Jun 2000] A driver must not, without lawful excuse, operate a taxi from a 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)  [Regulation 24 Subregulation (2) amended by S.R. 2000, No. 69, Applied:26 Jun 2000] Subject to subregulations (3) and (4) , 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) [Regulation 24 Subregulation (2) amended by S.R. 2000, No. 69, Applied:26 Jun 2000] immediately at the end of the hiring, must 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.

(4)  [Regulation 24 Subregulation (4) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] Subregulation (2) does not apply to a taxi that is being used to provide a limited passenger service in accordance with section 15A of the Passenger Transport Act 1997 .

(5)  [Regulation 24 Subregulation (5) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] A driver must not stand a taxi in a public street when the taxi is not being used for the carriage of passengers under the authority of a licence unless –

(a) the place where the taxi is standing is a taxi zone within the taxi area for which the taxi is licensed; or

(b) in any other case, a sign with the words "not for hire" is prominently displayed on the taxi and neither the driver nor any person known to the driver solicits or accepts any immediate hiring of the taxi.

Penalty:  Fine not exceeding 10 penalty units.

(6)  [Regulation 24 Subregulation (6) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] A driver must not –

(a) refuse to accept a hiring while the driver's taxi is in a taxi zone; or

(b) permit a person to ride in or on the driver's taxi without the consent of the hirer of the taxi; or

(c) when the driver's taxi is in a taxi zone, fail to stand the taxi in the foremost vacant space within that zone.

Penalty:  Fine not exceeding 10 penalty units.

(7)  [Regulation 24 Subregulation (7) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] It is a defence in proceedings under subregulation (6)(a) for the defendant to show that he or she had reasonable grounds for believing that the intending hirer  –

(a) would not be able to pay for the hiring; or

(b) represented a real or potential threat to the defendant's physical safety or to the safe operation of the defendant's taxi.

(8)  [Regulation 24 Subregulation (8) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] The responsible operator or driver of a taxi must not solicit, in a public place, a person to hire that taxi.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 10 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 20 penalty units.

(9)  [Regulation 24 Subregulation (9) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] The responsible operator or driver of a taxi must not cause or permit a person to solicit, in a public place, another person to hire that taxi.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 10 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 20 penalty units.

(10)  [Regulation 24 Subregulation (10) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] Nothing in subregulation (8) or (9) is to be taken as preventing a taxi from being hired when it is standing for hire on a taxi zone, or from being hailed.

25.   Approval, testing and setting 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) [Regulation 25 Subregulation (1) amended by S.R. 2000, No. 69, Applied:26 Jun 2000] capable of displaying the figures relating to the tariff on which the meter is operating and hiring charges as set out in Schedule 4 ; 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.

(3)  [Regulation 25 Subregulation (3) inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] Where in respect of the use of a taxi it is desired to calculate fares on more than one tariff specified in Schedule 4 , the taxi's taximeter is to be adjusted so that each position on the meter operates as follows:

(a) the first position is to be used for the first tariff;

(b) the second position is to be used for the second tariff;

(c) the third position, if any, is to be used for the purpose of holding the reading on the taximeter constant at the conclusion of a hiring at the first tariff where that tariff has applied to the last part of the journey;

(d) the fourth position, if any, is to be used for the purpose of holding the reading on the taximeter constant at the conclusion of a hiring at the second tariff where that tariff has applied to the last part of the journey;

(e) the fifth position, if any, is to be used to record extra charges.

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)  [Regulation 27 Subregulation (4) amended by S.R. 2000, No. 69, Applied:26 Jun 2000] The responsible operator must pay to the Commission the appropriate fee specified in Schedule 1 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.   

[Regulation 30 Rescinded by S.R. 2000, No. 69, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

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.

Penalty:  [Regulation 31 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] Fine not exceeding 2 penalty units.

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.

33A.   Evidentiary provisions

[Regulation 33A Inserted by S.R. 2000, No. 69, Applied:26 Jun 2000] In any proceedings for an offence against these regulations –

(a) proof that one external tariff light was illuminated at a particular time or place is evidence that the taximeter was operating at the first tariff at that time or place; and

(b) proof that both external tariff lights were illuminated at a particular time or place is evidence that the taximeter was operating at the second tariff at that time or place.

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.   

[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] [Regulation 35 Amended by S.R. 1999, No. 21, Applied:31 Mar 1999] [Regulation 35 Rescinded by S.R. 2000, No. 69, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

SCHEDULE 1 - Fees

Regulations 7 , 8 , 9 and 12

[Schedule 1 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] [Schedule 1 Amended by S.R. 2001, No. 53, Applied:23 May 2001]

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

[Schedule 3 Amended by No. 51 of 1999, s. 12, Applied:27 Oct 1999]

Form 3

Form 4

[Schedule 3 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000]

Form 5

SCHEDULE 4 - Standard taxi fares

[Schedule 1 Amended by S.R. 2000, No. 69, Applied:26 Jun 2000] [Schedule 4 Substituted by S.R. 2000, No. 96, Applied:01 Jul 2000] [Schedule 4 Substituted by S.R. 2000, No. 248, Applied:27 Dec 2000] [Schedule 4 Substituted by S.R. 2002, No. 25, Applied:17 Apr 2002]

Regulations 3 , 21 and 25

1.   Standard taxi fares for places other than King Island and Flinders Island

(1) First tariff: Between the hours of 6 a.m. and 8 p.m. on any weekday that is not a public holiday in the place where the taxi is hired, the following tariff (called the first tariff) is to be charged:

(a) the amount recorded on the taximeter, that meter being calibrated to record –

(i) the sum of $2.60 on the taxi being set in motion; and

(ii) the sum of 10 cents for the first 36.7 m travelled, or the first 8 seconds of time elapsed, whichever occurs first; and

(iii) after the distance travelled or, alternatively, time elapsed as specified in subparagraph (ii) , the sum of 10 cents for each complete 73.5 m travelled or each 16 seconds of time elapsed, whichever is the greater.

(2) Second tariff: During the times when the first tariff does not apply, the following tariff (called the second tariff) is to be charged:

(a) the amount recorded on the taximeter, that meter being calibrated to record –

(i) the sum of $2.60 on the taxi being set in motion; and

(ii) the sum of 10 cents for the first 30.6 m travelled, or the first 8 seconds of time elapsed, whichever occurs first; and

(iii) after the distance travelled or, alternatively, time elapsed as specified in subparagraph (ii) , the sum of 10 cents for each complete 61.2 m travelled or each 16 seconds of time elapsed, whichever is the greater.

2.   Standard taxi fares for King Island and Flinders Island

(1) First tariff: Between the hours of 6 a.m. and 8 p.m. on any weekday that is not a public holiday in the place where the taxi is hired, the following tariff (called the first tariff) is to be charged:

(a) the amount recorded on the taximeter, that meter being calibrated to record –

(i) the sum of $4.00 on the taxi being set in motion; and

(ii) the sum of 10 cents for the first 32.5 m travelled, or the first 6.7 seconds of time elapsed, whichever occurs first; and

(iii) after the distance travelled or, alternatively, time elapsed as specified in subparagraph (ii) , the sum of 10 cents for each complete 64.9 m travelled or each 13.4 seconds of time elapsed, whichever is the greater.

(2) Second tariff: During the times when the first tariff does not apply, the following tariff (called the second tariff) is to be charged:

(a) the amount recorded on the taximeter, that meter being calibrated to record –

(i) the sum of $4.00 on the taxi being set in motion; and

(ii) the sum of 10 cents for the first 27.0 m travelled, or the first 6.7 seconds of time elapsed, whichever occurs first; and

(iii) after the distance travelled or, alternatively, time elapsed as specified in subparagraph (ii) , the sum of 10 cents for each complete 54.1 m travelled or each 13.4 seconds of time elapsed, whichever is the greater.

3.   Extra charges

(1) In the case of trips originating outside the Burnie, Devonport, Hobart or Launceston taxi area as described in Schedule 1 to the Taxi Industry (Taxi Areas) Regulations 1996 between the hours of 12.30 a.m. and 5.00 a.m., a surcharge of $2.60 is to apply.

(2) In the case where credit arrangements have been made with the hirer, an accounting fee not exceeding 10% of the metered fare may be charged.

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.