Taxi Industry Regulations 2008
I, the Administrator 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 .
17 September 2008E. C. CRAWFORD
Administrator
By His Excellency's Command,
G. L. STURGES
Minister for Infrastructure
PART 1 - Preliminary
These regulations may be cited as the Taxi Industry Regulations 2008 .
These regulations take effect on the day on which section 3 of the Taxi and Luxury Hire Car Industries Act 2008 commences.
(1) In these regulations –Act means the Taxi and Luxury Hire Car Industries Act 2008 ;ADR 21 means the Vehicle Standard (Australian Design Rule 21/00 – Instrument Panel) 2006 published by virtue of the Motor Vehicles Standards Act 1989 of the Commonwealth, as amended from time to time;authorised meter adjuster means a person appointed by the Commission as an authorised meter adjuster under regulation 63 ;electronic seal, in relation to a taximeter, means an electronic device that renders the taximeter inoperative in the event of a person interfering with the taximeter;hiring period means the period between such time as a taxi that has been hired is put in motion until the time the taxi comes to a stop at the destination;metered fare means the fare displayed on the taximeter at the conclusion of the hiring period;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;not-for-hire sign means a sign that –(a) [Regulation 3 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] consists of the words "not for hire"; and(b) is capable of being displayed in accordance with these regulations;registration plate means a number plate issued by the Registrar under the Vehicle and Traffic Act 1999 in respect of a vehicle's registration under that Act;relevant fares, in relation to a taxi, means the fares applicable in the taxi area within, to or from which the taxi is operating as authorised by the taxi licence;[Regulation 3 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] responsible person, in respect of a vehicle, means –(a) if the vehicle is operating as a taxi under the authority of a taxi licence that can be identified, the responsible operator of the taxi licence; or(b) if the vehicle is operating as a taxi under the authority of a taxi licence that cannot be identified, the registered operator of the vehicle; or(c) if the vehicle is not operating as a taxi, the registered operator of the vehicle;security camera system means a security camera and its components approved by the Commission under section 94 of the Act for use in taxis;security camera 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;(e) Ulverstone taxi area;(f) Perth taxi area;(g) West Tamar taxi area;specified fee means a fee specified in Schedule 5 ;[Regulation 3 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010][Regulation 3 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] tariff indicator light means a light affixed to the roof of a vehicle or to a taxi roof sign that, when the vehicle is operating as a taxi, indicates the tariff, if any, that the vehicle is operating under;[Regulation 3 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] taxi roof sign means a sign affixed to the roof of a vehicle that indicates that the vehicle is used, or intended to be used, as a taxi;taximeter means an electronic instrument installed in a taxi that –(a) calculates the charge for hiring the taxi; and(b) indicates that charge in figures;total fare means the sum of –(a) the metered fare; and(b) each extra charge required to be paid under Schedule 3 ;wheelchair passenger means a person in a wheelchair who travels in a taxi and who –(a) satisfies the driver at the completion of the journey that he or she is a member of a transport concession scheme administered by the Department; or(b) presents to the taxi driver a taxi travel voucher issued under an equivalent travel concession scheme of another State or a Territory.(2) In these regulations, a reference to a taxi area by name is a reference to the taxi area of that name as described in the Act.
PART 2 - Taxi Licences
4. Form of perpetual taxi licences
A perpetual taxi licence is to be in such form as the Commission determines and is to include –(a) the name and address of the owner of the licence; and(b) the licence number; and(c) the taxi area within, to or from which the taxi service authorised by the licence may operate; and(d) the number of the licence number plate in force in respect of the licence.
5. Form of owner-operator taxi licences
An owner-operator taxi licence is to be in such form as the Commission determines and is to include –(a) the name and address of the holder of the licence; and(b) the licence number; and(c) the taxi area within, to or from which the taxi service authorised by the licence may operate; and(d) the number of the licence number plate in force in respect of the licence; and(e) any conditions imposed by the Commission on the licence.
6. Form of wheelchair-accessible taxi licences
A wheelchair-accessible taxi licence is to be in such form as the Commission determines and is to include –(a) the name and address of the holder of the licence; and(b) the licence number; and(c) the following particulars of the vehicle to which the licence applies:(i) the registration number;(ii) the make;(iii) the body type;(iv) the year of manufacture;(v) the seating capacity as recorded in the Register of Motor Vehicles; and(d) the taxi area within, to or from which the taxi service authorised by the licence may operate; and(e) the number of the licence number plate in force in respect of the licence; and(f) any conditions imposed by the Commission on the licence.
7. Form of temporary taxi licences
A temporary taxi licence is to be in such form as the Commission determines and is to include –(a) the name and address of the holder of the licence; and(b) the licence number of the temporary taxi licence; and(c) the taxi area within, to or from which the taxi service authorised by the licence may operate; and(d) the number of the licence number plate in force in respect of the licence; and(e) any conditions imposed by the Commission on the licence.
8. Leasing of perpetual taxi licences
(1) [Regulation 8 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If the owner of a perpetual taxi licence leases or assigns the licence to another person, the owner of the licence must, no later than 14 days after the commencement of the lease or assignment –(a) provide to the Commission a written notice –(i) stating the name and address of the person leasing, or undertaking the assignment of, the licence; and(ia) [Regulation 8 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] stating the date of commencement of the lease; and(ii) signed by each party to the lease or assignment; and(b) pay the specified fee.Penalty: Fine not exceeding 10 penalty units.(2) The Commission is to record the information provided under subregulation (1)(a) in the register of licences.(3) [Regulation 8 Subregulation (3) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] A lease or assignment takes effect on the date recorded, in the register of licences, under subregulation (2) as the date of its commencement.(4) Each party to a lease or assignment under this regulation must notify the Commission in writing of the termination of the lease or assignment within 7 days after that termination.Penalty: Fine not exceeding 10 penalty units.(5) It is a defence in proceedings for an offence under subregulation (4) if the defendant establishes that he or she was unaware of the termination of the lease or assignment.
The following persons must notify the Commission in writing of a change to his or her name or address within 14 days after the change occurs:(a) the owner of a perpetual taxi licence;(b) the responsible operator of a perpetual taxi licence;(c) the holder of an owner-operator taxi licence;(d) the holder of a wheelchair-accessible taxi licence;(e) the holder of a temporary taxi licence.Penalty: Fine not exceeding 5 penalty units.
10. Suspension of owner-operator taxi licences
For the purposes of section 36(1) of the Act, the prescribed circumstances in which the Commission may suspend an owner-operator taxi licence are as follows:(a) if the holder of the licence fails to comply with a condition of the licence;(b) if the holder of the licence has failed to provide information required by the Commission under section 97 of the Act within the period specified in the notice given to the holder of the licence in accordance with that section;(c) if the Commission has suspended the accreditation of the holder of the licence in accordance with Part 2A of the Passenger Transport Act 1997 ;(d) if the Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence.
11. Cancellation of owner-operator taxi licences
For the purposes of section 36(1) of the Act, the prescribed circumstances in which the Commission may cancel an owner-operator taxi licence are as follows:(a) if the holder of the licence fails to comply with a condition of the licence;(b) if the licence is surrendered to the Commission;(c) if the holder of the licence has failed to provide information required by the Commission under section 97 of the Act within 90 days after the expiry of the period specified in the notice given to the holder of the licence in accordance with that section;(d) if the holder of the licence has fees owing to the Commission that have been due for a period greater than 12 months;(e) if the Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence.
12. Suspension of wheelchair-accessible taxi licences
For the purposes of section 55(1) of the Act, the prescribed circumstances in which the Commission may suspend a wheelchair-accessible taxi licence are as follows:(a) if the holder of the licence fails to comply with a condition of the licence;(b) if the holder of the licence has failed to provide information to the Commission under section 97 of the Act within the period specified in the notice given to the holder of the licence in accordance with that section;(c) if the vehicle to which the licence applies ceases to be registered;(d) if the vehicle to which the licence applies ceases to meet the specifications required under the Act of a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi;(e) if the Commission has suspended the accreditation of the holder of the licence in accordance with Part 2A of the Passenger Transport Act 1997 ;(f) if the Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence.
13. Cancellation of wheelchair-accessible taxi licences
For the purposes of section 55(1) of the Act, the prescribed circumstances in which the Commission may cancel a wheelchair-accessible taxi licence are as follows:(a) if the holder of the licence fails to comply with a condition of the licence;(b) if the licence is surrendered to the Commission;(c) if the vehicle to which the licence applies ceases to be registered and is likely to remain unregistered for a prolonged period;(d) if the vehicle to which the licence applies ceases to meet the specifications required under the Act of a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi;(e) if the vehicle to which the licence applies is more than 10 years of age;(f) if the holder of the licence has failed to provide information to the Commission under section 97 of the Act within 90 days after the expiry of the period specified in the notice given to the holder of the licence in accordance with that section;(g) [Regulation 13 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] if the Commission is satisfied that there has been a period of 28 consecutive days where no passenger in a wheelchair has been transported in the taxi operating under the authority of the licence;(h) if the holder of the licence has fees owing to the Commission that have been due for a period greater than 12 months;(i) if the holder of the licence is no longer in a position of authority in respect of the vehicle to which the licence relates;(j) if the Commission is satisfied that the holder of the licence has provided false or misleading information to the Commission in respect of the licence.
PART 3 - Taxi Vehicles and Equipment
Division 1 - Vehicles
13A. Vehicles suitable for use as taxi – generally
[Regulation 13A Inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] 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 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; and(d) the vehicle is recorded in the Register of Motor Vehicles as a taxi; and(e) the premium payable under the Motor Accidents (Liabilities and Compensation) Act 1973 that is paid in respect of the vehicle is the premium payable for the class of vehicles used or intended to be used as taxis; and(f) the vehicle has a current inspection report.
14. Vehicles suitable for use as taxi – vehicle specifications
(1) The responsible operator of a taxi licence must not operate a vehicle as a taxi unless the vehicle complies with the specifications set out in Schedule 1 .Penalty: Fine not exceeding 10 penalty units.(2) Subregulation (1) does not apply to a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi.(3) The responsible operator of a taxi licence must not operate a vehicle as one of the following forms of taxi unless the vehicle complies with the specifications set out in Schedule 1 to the Act:(a) a wheelchair-accessible taxi;(b) a remote area wheelchair-accessible taxi;(c) a substitute wheelchair-accessible taxi.Penalty: Fine not exceeding 10 penalty units.
15. Vehicles suitable for use as taxi – vehicle age
(1) This regulation does not apply to a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi.(2) The responsible operator of a taxi licence must not operate a vehicle as a taxi for the first time –(a) in the case of a taxi operating under a taxi licence relating to a metropolitan taxi area, if the vehicle is more than 5 years of age; or(b) in all other cases, if the vehicle is more than 7 years of age.Penalty: Fine not exceeding 20 penalty units.(3) Subregulation (2) does not apply to a vehicle if –(a) immediately before the first use of the vehicle as a taxi, the vehicle was used as a luxury hire car under the authority of a luxury hire car licence; and(b) the vehicle does not exceed the applicable age restriction specified in subregulation (4) .(4) The responsible operator of a taxi licence must not operate a vehicle as a taxi –(a) in the case of a taxi operating under a taxi licence relating to a metropolitan taxi area, if the vehicle is more than 8 years of age; or(b) in all other cases, if the vehicle is more than 10 years of age.Penalty: Fine not exceeding 20 penalty units.
16. Vehicles suitable for use as wheelchair-accessible taxi – vehicle age
A person must not operate a vehicle as a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi if the vehicle is more than 10 years of age.Penalty: Fine not exceeding 20 penalty units.
(1) In this regulation –AS 2444-2001 means the Australian Standard AS 2444-2001 entitled "Portable fire extinguishers and fire blankets – selection and location" issued and published by Standards Australia, as amended or substituted from time to time;AS 1851-2005 means the Australian Standard AS 1851-2005 entitled "Maintenance of fire protection systems and equipment" issued and published by Standards Australia, as amended or substituted from time to time.(2) The responsible operator of a wheelchair-accessible taxi licence must ensure that the taxi is fitted with a fire extinguisher selected and located in accordance with AS 2444-2001.Penalty: Fine not exceeding 10 penalty units.(3) [Regulation 17 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 17 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If a vehicle used or intended to be used as a taxi has been fitted with a fire extinguisher, the responsible person must ensure that the fire extinguisher is maintained in accordance with AS 1851-2005.Penalty: Fine not exceeding 10 penalty units.
Division 2 - Taximeters
18. Requirements for taximeters
A taximeter –(a) is to be programmed to calculate fares in accordance with the relevant fares for the taxi; and(b) during a hiring period, is to correctly and prominently display figures either continuously or at regular intervals that indicate –(i) the tariff under which the taxi is operating; and(ii) the fare at the point in time the fare is displayed; and(c) is to display the fare in Australian dollars; and(d) is to increase the recorded fare in increments of not more than 10 cents; and(e) is to be capable of –(i) being immediately set in motion by the driver of the taxi at the commencement of a hiring period; and(ii) being switched to a position so that the fare is held constant and prevented from increasing; and(iii) showing the fare constantly once the hiring period is completed.
(1) A person must not seal a taximeter unless the person is an authorised meter adjuster.Penalty: Fine not exceeding 10 penalty units.(2) The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a vehicle as a taxi –(a) [Regulation 19 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] 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.(3) A person must not drive a taxi if the taximeter installed in the taxi –(a) has not been sealed with a tamperproof seal; or(b) has a tamperproof seal applied to the taximeter that the driver knows was not applied by an authorised meter adjuster.Penalty: Fine not exceeding 10 penalty units.
20. Requirement for taximeter to be installed in taxis
(1) [Regulation 20 Subregulation (1) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a vehicle as a taxi unless the vehicle is fitted with a taximeter that complies with the requirements of these regulations.Penalty: Fine not exceeding 10 penalty units.(2) The driver of a taxi must not operate the taxi –(a) unless the taxi is fitted with a taximeter; or(b) if the driver knows, or reasonably ought to know, that the taximeter installed in the taxi is not calculating and displaying the relevant fares for the taxi; or(c) if a seal is broken on the taximeter.Penalty: Fine not exceeding 10 penalty units.
(1) [Regulation 21 Subregulation (1) omitted by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(2) A person must not program a taximeter to calculate fares other than the relevant fares for the taxi in which the taximeter is installed.Penalty: Fine not exceeding 20 penalty units.
22. Reprogramming of taximeters
[Regulation 22 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If a taximeter installed in a vehicle that is used or intended for use as a taxi is reprogrammed in any way, the responsible person must submit the taximeter to an authorised meter adjuster for testing in accordance with regulation 65 within 14 days after the taximeter has been reprogrammed.Penalty: Fine not exceeding 10 penalty units.
23. Installation of taximeters in vehicles
(1) [Regulation 23 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A taximeter is to be installed and illuminated so that the display can be readily seen by all forward-facing occupants of the vehicle.(2) A taximeter is to be installed so that –(a) the taximeter does not degrade the energy absorption requirements of instrument panels designed to meet the requirements of ADR 21; and(b) [Regulation 23 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] the taximeter does not interfere with the operation of other equipment installed in the vehicle; and(c) the controls of the taximeter are accessible to the driver when seated in the normal seating position; and(d) the taximeter is protected against any external source, including fluctuations in its electricity supply and electromagnetic radiation and magnetic fields, that may result in an inaccurate taximeter reading; and(e) [Regulation 23 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] the controls of the taximeter are located in a place that is unlikely to annoy a passenger in the vehicle; and(f) the taximeter is unlikely to cause injury to an occupant of the vehicle during normal operation of the vehicle or in the event of severe acceleration or deceleration or in the event of an accident involving the vehicle.
24. Requirement to test taximeters
(1) [Regulation 24 Subregulation (1) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] The Commission or an authorised officer may require a person to produce a vehicle in which a taximeter is installed, at any time and place the Commission or authorised officer directs, for the purpose of inspecting that taximeter.(2) [Regulation 24 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 24 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The Commission or an authorised officer may require a person to present a vehicle in which a taximeter is installed to an authorised meter adjuster at any time for the purpose of testing the taximeter in accordance with regulation 65 .(3) [Regulation 24 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 24 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 24 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A person must produce a vehicle for inspection as required under this regulation within the time limit specified by the Commission or authorised officer.Penalty: Fine not exceeding 10 penalty units.(4) [Regulation 24 Subregulation (4) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] An authorised meter adjuster who has tested a taximeter in accordance with this regulation must provide a certificate, or similar document, to the person required to present the vehicle under subregulation (2) specifying the results of the test and stating –(a) whether or not the taximeter is correctly –(i) measuring waiting times and distances travelled; and(ii) calculating and displaying fares in accordance with the relevant fares; and(b) any other information that the authorised meter adjuster considers relevant.Penalty: Fine not exceeding 10 penalty units.(5) [Regulation 24 Subregulation (5) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] An authorised meter adjuster who issues a person with a test certificate or similar document under subregulation (4) must provide a copy of the certificate to the Commission within 7 days after the testing of the taximeter.Penalty: Fine not exceeding 10 penalty units.(6) [Regulation 24 Subregulation (6) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] An authorised meter adjuster must not issue a test certificate or similar document under this regulation that is false or misleading in any way.Penalty: Fine not exceeding 10 penalty units.
25. Evidence of testing to be provided
[Regulation 25 Substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] If requested to do so by the Commission, the responsible operator of a taxi licence must provide to the Commission, within 7 days after receiving the request, the most recent evidence of testing of a taximeter installed in a vehicle operated under the authority of the taxi licence.Penalty: Fine not exceeding 10 penalty units.
(1) [Regulation 26 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] Subject to subregulation (3) , if a taxi is hired for the carriage of passengers, the driver must –(a) at the commencement of the hiring period and not before, start the taximeter; and(b) immediately at the conclusion of the hiring period, stop the taximeter or operate it to hold the reading constant.Penalty: Fine not exceeding 10 penalty units.(2) [Regulation 26 Subregulation (2) omitted by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(3) [Regulation 26 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] Subregulation (1) does not apply to a vehicle that is being used to provide a limited passenger service in accordance with section 15A of the Passenger Transport Act 1997 .
27. Interference with taximeters
(1) [Regulation 27 Subregulation (1) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] A person must not interfere, or cause or permit another person to interfere, with a taximeter installed in a vehicle.Penalty: Fine not exceeding 10 penalty units.(2) [Regulation 27 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 27 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 27 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a vehicle as a taxi if a device or system is installed in the vehicle, or a modification is made to the vehicle, that –(a) [Regulation 27 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] interferes or is intended to interfere with the operation of the taximeter installed in the vehicle; or(b) enables, or is intended to enable, the normal operation of the taximeter to be overridden.Penalty: Fine not exceeding 10 penalty units.
Division 3 - Signs, lights and communication devices
(1) [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A vehicle used or intended for use as a taxi is to be fitted with a roof sign that –(a) [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] is affixed to the exterior roof of the vehicle; and(b) has at least one enclosed light that –(i) [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] is capable of showing white light towards the front of the vehicle, in the hours between sunset and sunrise, when the taximeter is not operating; and(ii) [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] does not show any white light towards the rear of the vehicle at any time; and(iii) [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(iv) [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(v) [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(c) [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] displays to the front of the vehicle the word "taxi", or similar words to indicate that the vehicle is a taxi, so that the word or words are clearly legible at a distance of 20 metres from the front of the vehicle during daylight hours or when the taxi roof sign is illuminated.(d) [Regulation 28 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(2) [Regulation 28 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A taxi roof sign is to be switched off if –(a) the taxi is not available for hire; or(b) the taxi is engaged.(3) [Regulation 28 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 28 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 28 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A taxi roof sign is to be switched on when the vehicle is available for hire unless the vehicle is standing for hire in a taxi zone during daylight hours.(4) [Regulation 28 Subregulation (4) omitted by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(5) [Regulation 28 Subregulation (5) omitted by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(6) [Regulation 28 Subregulation (6) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 28 Subregulation (6) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must 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 –(a) complies with this regulation; and(b) is fully operational.Penalty: Fine not exceeding 5 penalty units.(7) [Regulation 28 Subregulation (7) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The driver of a taxi must not operate the taxi unless the taxi is fitted with a taxi roof sign that –(a) complies with this regulation; and(b) is fully operational.Penalty: Fine not exceeding 5 penalty units.
29. Interference with taxi roof signs
[Regulation 29 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A person must not interfere, or cause or permit another person to interfere, with a taxi roof sign installed on a vehicle.(a) [Regulation 29 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(b) [Regulation 29 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(c) [Regulation 29 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .Penalty: Fine not exceeding 5 penalty units.
(1) [Regulation 30 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A vehicle used or intended for use as a taxi is to be fitted with –(a) in the case of a wheelchair-accessible taxi, a remote area wheelchair-accessible taxi, a substitute wheelchair-accessible taxi or a vehicle providing a service equivalent to a wheelchair-accessible taxi service in accordance with section 93 of the Act, 3 tariff indicator lights; or(b) in all other cases, 2 tariff indicator lights.(2) A tariff indicator light is to be –(a) yellow or amber in colour; and(b) [Regulation 30 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] in the case of the first two such lights, mounted on each side of the taxi roof sign; and(c) [Regulation 30 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] in the case of the third such light, mounted centrally on top of the taxi roof sign; and(d) [Regulation 30 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] fitted with –(i) incandescent globes of not less than 4 watts and not more than 6 watts; or(ii) LED globes that provide light at an equivalent level to incandescent globes that comply with subparagraph (i) ; and(e) wired so that when the taximeter is operating –(i) [Regulation 30 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] in the first tariff, the light on the left or near side of the taxi roof sign is illuminated; and(ii) [Regulation 30 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] in the second tariff, the light on the left or near side of the taxi roof sign and the light on the right or far side of the taxi roof sign are illuminated; and(iii) [Regulation 30 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] in the third tariff, the central light and the light on the left or near side of the taxi roof sign are illuminated; and(iv) in the fourth tariff, all 3 lights are illuminated.(3) A tariff indicator light is not to be fitted with reflectors.(4) [Regulation 30 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must 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 –(a) comply with this regulation; and(b) are fully operational.Penalty: Fine not exceeding 10 penalty units.(5) The driver of a taxi must not operate the taxi unless the taxi is fitted with tariff indicator lights that –(a) comply with this regulation; and(b) are fully operational.Penalty: Fine not exceeding 10 penalty units.
31. Interference with tariff indicator lights
[Regulation 31 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A person must not interfere, or cause or permit another person to interfere, with tariff indicator lights in or on a vehicle.[Regulation 32 Rescinded by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(a) [Regulation 31 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(b) [Regulation 31 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(c) [Regulation 31 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .Penalty: Fine not exceeding 10 penalty units.
(1) [Regulation 33 Subregulation (1) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] The following vehicles are to carry a not-for-hire sign:(a) a vehicle that is operating as a taxi;(b) a vehicle that has any features that may cause the vehicle to be identified as a taxi, regardless of whether that vehicle is being used as a taxi;(c) a vehicle that has any of the following equipment installed or fitted to it:(i) a taximeter;(ii) a taxi roof sign;(iii) external tariff indicator lights.(2) [Regulation 33 Subregulation (2) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] A not-for-hire sign –(a) may be incorporated in a taxi roof sign; and(b) if capable of being illuminated, is to be constructed so that when the not-for-hire sign is illuminated the taxi roof sign is not illuminated.(2A) [Regulation 33 Subregulation (2A) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible person for a vehicle referred to in subregulation (1) must ensure that the vehicle carries a not-for-hire sign that complies with this regulation.Penalty: Fine not exceeding 5 penalty units.(3) [Regulation 33 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 33 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The driver of a vehicle required under subregulation (1) to carry a not-for-hire sign must display a not-for-hire sign when the vehicle is in use on a public street and –(a) [Regulation 33 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] the vehicle is not operating as a taxi under the authority of a taxi licence; or(b) [Regulation 33 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] the vehicle does not have a licence number plate displayed in accordance with these regulations; or(c) [Regulation 33 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] the vehicle is otherwise not available for hire.Penalty: Fine not exceeding 5 penalty units.(4) [Regulation 33 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 33 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The driver of a vehicle must ensure that when a not-for-hire sign is required to be displayed it is displayed inside the vehicle at the left-hand side of the windscreen without being attached to the windscreen, so that the sign –(a) displays to the front of the vehicle; and(b) [Regulation 33 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 33 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] is clearly legible from a distance of 20 metres at any point within an arc of 45 degrees from the surface of the sign to either side of the vehicle.Penalty: Fine not exceeding 5 penalty units.(5) [Regulation 33 Subregulation (5) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 33 Subregulation (5) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] Subregulation (4) does not apply if the not-for-hire sign is incorporated into the taxi roof sign in accordance with subregulation (2) .(6) The driver of a taxi must not accept a hiring if the not-for-hire sign is displayed.Penalty: Fine not exceeding 5 penalty units.
(1) In this regulation –radio dispatch system means a system that enables two-way contact between the driver of the vehicle and a taxi dispatch service, or other communication network, for purposes including the allocation of work to drivers.(2) [Regulation 34 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If a radio dispatch system is installed in a vehicle used or intended for use as a taxi, the radio dispatch system must –(a) not degrade the energy absorption requirements of instrument panels designed to meet the requirements of ADR 21; and(b) [Regulation 34 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] not interfere with the operation of other equipment required to be installed in the vehicle; and(c) have controls that are –(i) [Regulation 34 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] accessible to the driver of the vehicle while seated in the normal seating position; and(ii) [Regulation 34 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] located in a place that is unlikely to annoy a passenger in the vehicle; and(d) be unlikely to cause injury to an occupant of the vehicle during normal operation of the vehicle or in the event of severe acceleration or deceleration, or in the event of an accident involving the vehicle.(3) [Regulation 34 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 34 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If a radio dispatch system is installed in a vehicle used or intended for use as a taxi, the responsible operator of the taxi licence under which the vehicle is operating, or is intended to operate, must ensure that the system complies with this regulation.Penalty: Fine not exceeding 5 penalty units.
Division 4 - Security cameras
In this Division –download means to copy a video recording from a security camera system to another storage device, including a disk or tape, or to print an image from a security camera system;security camera taxi licence means a taxi licence in force in respect of a security camera taxi area;[Regulation 35 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] test image means an image recorded with a security camera system that –(a) was recorded for the purpose of testing the camera; and(b) was recorded while the vehicle in which the camera system is installed was not providing a taxi service; and(c) does not show a person, other than a person involved in the installation, testing or repair of the security camera system;video recording includes –(a) electronically stored material from which a recorded image or recorded sound can be generated or reproduced; and(b) a printed image from such material.
36. Duty and power to install security camera systems
(1) [Regulation 36 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a security camera taxi licence must ensure that a security camera system is installed in the vehicle that is operating as a taxi under the authority of the licence.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.(2) [Regulation 36 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 36 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a security camera taxi licence must not cause or permit a person to operate a vehicle as a taxi under the authority of the licence unless a security camera system is installed in the vehicle.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.(3) The driver of a taxi providing a taxi service under the authority of a security camera taxi licence must not operate the taxi 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.(4) [Regulation 36 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence that is not a security camera taxi licence may fit a security camera system in a vehicle that operates as a taxi under the authority of the licence.
37. Installation of security camera systems
(1) [Regulation 37 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A person must not install a camera system in a vehicle used or intended for use as taxi unless the system is a security camera system.Penalty: Fine not exceeding 20 penalty units.(2) [Regulation 37 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A person installing a security camera system in a vehicle used or intended for use as taxi must install the system in accordance with Schedule 2 .Penalty: Fine not exceeding 20 penalty units.(3) [Regulation 37 Subregulation (3) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] A person who has installed a security camera system in a vehicle used or intended for use as a taxi must –(a) make a written record of the installation of the security camera system as soon as practicable after the installation is completed; and(b) keep that record for a period of at least 5 years after the record was made.Penalty: Fine not exceeding 10 penalty units.(4) [Regulation 37 Subregulation (4) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] The written record required to be made under subregulation (3) is to be in a form determined by the Commission.(5) [Regulation 37 Subregulation (5) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] A person required to keep a written record under subregulation (3) must provide a copy of the record to the Commission within 30 days after the security camera system is tested.Penalty: Fine not exceeding 10 penalty units.(6) [Regulation 37 Subregulation (6) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] A person must not make a written record under this regulation that is false or misleading in any way.Penalty: Fine not exceeding 10 penalty units.
38. Security camera system signs
(1) [Regulation 38 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 38 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 38 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If a security camera system is installed in a vehicle used or intended for use as a taxi, the responsible person must also display security camera signs that comply with this regulation on the vehicle.Penalty: Fine not exceeding 5 penalty units.(2) A security camera sign is to be –(a) in a form approved by the Commission; and(b) permanently affixed above or adjacent to –(i) [Regulation 38 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] each external door handle if the vehicle is a sedan or station wagon; or(ii) [Regulation 38 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] each external door handle, including the external rear-door handle if the vehicle has rear access for a wheelchair, if the vehicle is a van; and(c) able to be read from outside the vehicle; and(d) clear and unobscured.(3) A security camera system sign may only be affixed to window glass above or adjacent to an external door handle if the glass does not move in a manner that would obstruct the security camera system sign.
39. Testing of security camera systems
(1) [Regulation 39 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A security camera system installed in a vehicle is to be tested by the manufacturer, or agent of the manufacturer, in the following circumstances to ensure that the system is fully operational:(a) as part of the installation process of the security camera system;(b) in accordance with subregulation (5) ;(c) as required by an authorised officer or police officer.(2) [Regulation 39 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 39 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 39 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If an authorised officer or a police officer requires the testing of the security camera system installed in a vehicle, the responsible person must present the vehicle for testing of the security camera system at a time and place specified by the officer.Penalty: Fine not exceeding 10 penalty units.(3) [Regulation 39 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] When having the security camera system tested, the responsible person is to –(a) have the system tested by the manufacturer, or agent of the manufacturer, in accordance with the test regime specified by the manufacturer of the camera system installed; and(b) cause the system to be readjusted if required for the system to be fully operational.(4) [Regulation 39 Subregulation (4) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must ensure that written evidence of the most recent testing of the security camera system required under subregulation (5) is –(a) in a form approved by the Commission; and(b) attached at the upper left-hand side of the inside of the windscreen of the vehicle; and(c) able to be read from inside the vehicle.Penalty: Fine not exceeding 5 penalty units.(5) [Regulation 39 Subregulation (5) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must ensure that the security camera system installed in the vehicle operated as a taxi under the authority of the licence is tested by the manufacturer, or agent of the manufacturer, in accordance with this regulation –(a) no later than 12 months after the day the security camera system was tested as part of its installation process; and(b) at intervals of 12 months from when the security camera system was last tested in accordance with these regulations.Penalty: Fine not exceeding 20 penalty units.(6) Nothing in this regulation prevents the responsible operator of a taxi licence from voluntarily submitting a security camera for testing.
39A. Record of testing of security camera systems
[Regulation 39A Inserted by S.R. 2009, No. 198, Applied:01 Jan 2010](1) A person who has tested a security camera system in accordance with regulation 39 must –(a) make a written record of the testing of that security camera system as soon as practicable after the testing is completed; and(b) must retain that record for a period of at least 5 years after the record was made.Penalty: Fine not exceeding 10 penalty units.(2) The written record required to be made under subregulation (1) is to be in a form determined by the Commission.(3) A person required to keep a written record under subregulation (1) must provide a copy of the record to the Commission within 30 days after the security camera system has been tested.Penalty: Fine not exceeding 10 penalty units.(4) A person must not make a written record under this regulation that is false or misleading in any way.Penalty: Fine not exceeding 10 penalty units.
40. Operation of security camera systems
(1) [Regulation 40 Subregulation (1) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a vehicle with a security camera system installed as a taxi unless the security camera system installed in the vehicle indicates it is fully operational.Penalty: Fine not exceeding 20 penalty units.(2) The driver of a vehicle with a security camera system installed must not use the vehicle as a taxi unless –(a) the security camera system indicates it is fully operational; and(b) the camera lens is clear and free of all obstructions.Penalty: Fine not exceeding 20 penalty units.(3) [Regulation 40 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A person must not interfere, or cause or permit another person to interfere, with a part of a security camera system installed in a vehicle.(a) [Regulation 40 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(b) [Regulation 40 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(c) [Regulation 40 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .Penalty: Fine not exceeding 20 penalty units.(4) [Regulation 40 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 40 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 40 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a vehicle with a security camera system installed as a taxi if a device or system is installed in the vehicle that –(a) [Regulation 40 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] interferes or is intended to interfere with the operation of the security camera system installed in the vehicle; or(b) enables, or is intended to enable –(i) the normal operation of the security camera system to be overridden; or(ii) the security camera system to be disengaged.Penalty: Fine not exceeding 20 penalty units.
41. Downloading video recordings
(1) A person must not download a video recording from a security camera system unless –(a) [Regulation 41 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] the person is acting at the direction of a police officer; or(b) [Regulation 41 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] the person is acting at the direction of an authorised officer or the Commission; or(c) the person is acting pursuant to an order or direction of a court or tribunal constituted by law; or(d) it is necessary to reset the security camera system; or(da) [Regulation 41 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] it is required under subregulation (1A) to prevent the destruction and deletion of the video recording while the security camera system is being reset; or(e) it is required as part of the installation or testing procedure of the security camera system.Penalty: Fine not exceeding 30 penalty units.(1A) [Regulation 41 Subregulation (1A) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] If the resetting of a security camera system will result in the destruction or deletion of any video recordings from the security camera system, the person resetting the security camera system must download all video recordings from the security camera system before the system is reset.Penalty: Fine not exceeding 30 penalty units.(2) [Regulation 41 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 41 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 41 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If a video recording is downloaded under subregulation (1)(d) , (da) or (e) and is not required for a police investigation, an investigation by an authorised officer or legal proceedings, the person downloading the video recording must –(a) [Regulation 41 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] keep the video recording for a period of 14 days from the day the video recording was downloaded; and(b) [Regulation 41 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] at the end of that 14-day period, dispose of the video recording in accordance with regulation 44 .Penalty: Fine not exceeding 30 penalty units.(3) [Regulation 41 Subregulation (3) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] Subregulation (2) does not apply to a video recording that is comprised entirely of test images.(4) [Regulation 41 Subregulation (4) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] For the purpose of subregulation (2) , a video recording downloaded under subregulation (1)(d) , (da) or (e) –(a) is required for a police investigation if the recording has been requested by a police officer under regulation 42(2) ; and(b) is required for an investigation by an authorised officer if the recording has been requested by an authorised officer under regulation 42A(2) .
41A. Record of downloading from security camera systems
[Regulation 41A Inserted by S.R. 2009, No. 198, Applied:01 Jan 2010](1) A person who has downloaded a video recording from a security camera system in accordance with regulation 41 must –(a) make a written record of the downloading of the video recording as soon as practicable after the recording is downloaded; and(b) retain that record for a period of at least 5 years after the record was made.Penalty: Fine not exceeding 30 penalty units.(2) The written record required to be made under subregulation (1) is to be in a form determined by the Commission.(3) The Commission, by written notice, may require a person required to keep a written record under subregulation (1) to provide a copy of that record to the Commission within the period specified in the written notice.(4) A person given a written notice under subregulation (3) must comply with that notice.Penalty: Fine not exceeding 10 penalty units.
42. Video recordings used for legal proceedings by police
[Regulation 42 Substituted by S.R. 2009, No. 198, Applied:01 Jan 2010](1) A person who downloads a video recording under regulation 41(1)(a) , (b) or (c) must –(a) forward the video recording to a police officer as soon as possible; and(b) keep a copy of the video recording for a period of 14 days from the day the video recording was forwarded under paragraph (a) ; and(c) at the end of that 14-day period and in accordance with regulation 44 , dispose of all copies of the recording in his or her possession.Penalty: Fine not exceeding 30 penalty units.(2) A police officer may request a copy of a video recording downloaded under regulation 41(1)(d) , (da) or (e) within the 14-day period referred to in regulation 41(2) .(3) If a police officer requests a video recording under subregulation (2) that has not been provided to an authorised officer under regulation 42A , the person who has downloaded the video recording must –(a) comply with the request; and(b) keep a copy of the video recording for a period of 14 days from the day the video recording is provided to the police officer; and(c) at the end of that 14-day period and in accordance with regulation 44 , dispose of all copies of the recording in his or her possession.Penalty: Fine not exceeding 30 penalty units.(4) Subregulation (3) does not apply if the person who has downloaded the video recording has provided the video recording to an authorised officer in accordance with regulation 42A .(5) If the person who has downloaded the video recording has provided the video recording to an authorised officer under regulation 42A and a request has been made by a police officer under subregulation (2) , the person is to provide notice in writing to the police officer of –(a) the name and contact details of the authorised officer to whom the recording was provided; and(b) the date the recording was provided to the authorised officer; and(c) any other information required by the police officer in respect of the recording.
42A. Video recordings used for legal proceedings by authorised officer
[Regulation 42A Inserted by S.R. 2009, No. 198, Applied:01 Jan 2010](1) A person who downloads a video recording under regulation 41(1)(b) must –(a) forward the video recording to the authorised officer as soon as possible; and(b) keep a copy of the video recording for a period of 14 days from the day the video recording was forwarded under paragraph (a) ; and(c) at the end of that 14-day period and in accordance with regulation 44 , dispose of all copies of the recording in his or her possession.Penalty: Fine not exceeding 30 penalty units.(2) An authorised officer may request a copy of a video downloaded under regulation 41(1)(d) , (da) or (e) within the 14-day period referred to in regulation 41(2) .(3) If an authorised officer requests a video recording under subregulation (2) that has not been provided to a police officer under regulation 42 , the person who has downloaded the video recording must –(a) comply with the request; and(b) keep a copy of the video recording for a period of 14 days from the day the video recording is provided to the authorised officer; and(c) at the end of that 14-day period and in accordance with regulation 44 , dispose of all copies of the recording in his or her possession.Penalty: Fine not exceeding 30 penalty units.(4) Subregulation (3) does not apply if the person who has downloaded the video recording has provided the video recording to a police officer in accordance with regulation 42 .
43. Use and storage of video recordings
(1) In this regulation –unauthorised purpose means a purpose that is not connected with –(a) the investigation of an alleged offence by a police officer or an authorised officer; or(b) the prosecution of, or the issue of a notice in respect of, an alleged offence; or(c) the testing of a security camera system in accordance with these regulations.(2) A person must not use a video recording made by, or downloaded from, a security camera system, or a copy of such a video recording, for an unauthorised purpose.Penalty: Fine not exceeding 30 penalty units.(3) A person in possession of a video recording made by, or downloaded from, a security camera system, or a copy of such a video recording, must ensure that the recording or copy is not misplaced or used for an unauthorised purpose.Penalty: Fine not exceeding 30 penalty units.
44. Disposal of video recordings
A video recording, or a copy of a video recording, is to be disposed of by –(a) deleting the original video recording or copy; or(b) permanently removing any trace of the recording or copy from its storage device; or(c) destroying the recording or copy so that it is no longer possible to access the recording or copy.
[Regulation 44A Inserted by S.R. 2009, No. 198, Applied:01 Jan 2010](1) In this regulation –delivery certificate means a certificate stating the following particulars:(a) a copy of the video recording downloaded on the date specified in the certificate from a security camera system, identified by make and serial number in the certificate, was kept at a place specified in the certificate during the period specified in the certificate;(b) at a time and place specified in the certificate, the video recording was delivered to the police officer or the authorised officer, specified by name in the certificate, by the person providing the certificate;downloading certificate means a certificate stating any or all of the following particulars:(a) that at a specified time and place a person downloaded a video recording from a security camera system installed in a vehicle used or intended for use as a taxi;(b) the make and serial number of the security camera system from which the video recording was downloaded;(c) the registration number of the vehicle in which the security camera system was installed;(d) that at the time the video recording was downloaded, the downloading of the recording was lawful;(e) that the equipment used to download the recording was in proper working order at the time the recording was downloaded;(f) that the downloading of the video recording was done in accordance with the Act;(g) that the recording is an accurate and complete duplication of the recording made by the security camera system.(2) A downloading certificate is prima facie evidence –(a) of the particulars stated in the certificate; and(b) that the security camera system used to record, and the equipment used to download, the video recording was in proper working order.(3) A delivery certificate is prima facie evidence of the particulars stated in the certificate.
Division 5 - Licence number plates and labels
45. Obligation to display licence number plates
(1) This regulation applies if the Commission has issued a licence number plate in respect of a taxi licence in accordance with section 89 of the Act.(2) In the case of a taxi licence other than a wheelchair-accessible taxi licence, the responsible operator of the taxi licence must ensure that the licence number plate –(a) [Regulation 45 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] is affixed in accordance with subregulation (5) to the vehicle being used to provide the taxi service under the authority of the licence; and(b) [Regulation 45 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] remains so affixed while the vehicle is operating as a taxi; and(c) [Regulation 45 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] is not affixed to the vehicle if a piece of equipment that is required under the Act to be installed in the vehicle –(i) is not installed; or(ii) is not operational; or(iii) in the case of a security camera system, is not indicating that the system is fully operational.Penalty: Fine not exceeding 10 penalty units.(3) In the case of a wheelchair-accessible taxi licence, the responsible operator of the wheelchair-accessible taxi licence must ensure that the licence number plate –(a) [Regulation 45 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] is affixed in accordance with subregulation (5) to the vehicle shown on the register of licences as the vehicle to which the licence relates; and(b) [Regulation 45 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] remains so affixed while the vehicle is operating as a taxi; and(c) [Regulation 45 Subregulation (3) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] is not affixed to the vehicle if a piece of equipment that is required under the Act to be installed in the vehicle –(i) is not installed; or(ii) is not operational; or(iii) in the case of a security camera system, is not indicating that the system is fully operational.Penalty: Fine not exceeding 10 penalty units.(4) It is a defence in proceedings for an offence under subregulation (2) or (3) if the defendant establishes that, when the offence allegedly occurred –(a) the licence number plate had been –(i) returned to the Commission in accordance with regulation 46 ; or(ii) lost; or(iii) damaged to the extent that it was unusable; and(b) in the case of subparagraphs (ii) and (iii) of paragraph (a) , the defendant had notified the Commission in accordance with regulation 47 ; and(c) a replacement licence number plate had not been issued.(5) 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 the vehicle.(6) [Regulation 45 Subregulation (6) omitted by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(7) [Regulation 45 Subregulation (7) omitted by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(8) [Regulation 45 Subregulation (8) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The holder of a wheelchair-accessible taxi licence must not affix, or cause or permit to be affixed, a licence number plate issued by the Commission to a vehicle other than the vehicle shown in the register of licences as the vehicle to which the licence relates.Penalty: Fine not exceeding 10 penalty units.(9) [Regulation 45 Subregulation (9) omitted by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(10) [Regulation 45 Subregulation (10) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 45 Subregulation (10) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] 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 taxi licence must remove, or cause to be removed, the licence number plate from the vehicle used to provide the taxi service under the authority of the licence before the licence lapsed.Penalty: Fine not exceeding 20 penalty units.(11) [Regulation 45 Subregulation (11) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If the licence to which a licence number plate relates is suspended, the responsible operator of the taxi licence must remove, or cause to be removed, the licence number plate from the vehicle used to provide the taxi service under the authority of the licence before the period of suspension.Penalty: Fine not exceeding 20 penalty units.(12) If the licence to which the licence number plate relates is cancelled or surrendered to the Commission, the person who was the responsible operator of the taxi licence must remove, or cause to be removed, the licence number plate from the vehicle used to provide the taxi service under the authority of the licence before the licence was cancelled or surrendered.Penalty: Fine not exceeding 20 penalty units.
46. Return of licence number plates to Commission
(1) The Commission, by notice in writing, may request that the person to whom a licence number plate has been issued return the licence number plate to the Commission within such period as the Commission specifies in the notice.(2) The person to whom a request is made under subregulation (1) must comply with the request within the specified period.Penalty: [Regulation 46 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence occurs.(3) [Regulation 46 Subregulation (3) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] The holder of a temporary taxi licence must return the licence number plate issued in respect of the licence to the Commission within 2 business days after the day the licence expires.Penalty: Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.(4) [Regulation 46 Subregulation (4) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] A licence number plate that is not returned to the Commission in accordance with a written notice issued under subregulation (1) , or as required under subregulation (3) , is void.
47. Lost or damaged licence number plates
(1) [Regulation 47 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] If a licence number plate is lost or 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 notify the Commission in writing as soon as practicable after the loss or damage is discovered.Penalty: Fine not exceeding 5 penalty units.(2) The Commission may request, in writing, the holder of a lost or damaged licence number plate to provide the Commission with such written evidence as the Commission requires to satisfy it of the loss or damage.(3) A person to whom a request is made under subregulation (2) must comply with that request within the period specified in the request.Penalty: Fine not exceeding 5 penalty units.(4) [Regulation 47 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A licence number plate that is accepted by the Commission as being lost or damaged as referred to in subregulation (1) is void.
48. Void licence number plates
(1) [Regulation 48 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must not operate, or cause or permit another person to operate, a vehicle as a taxi if the vehicle has affixed to it a licence number plate that is void.Penalty: [Regulation 48 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.(2) [Regulation 48 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] An authorised officer may seize a licence number plate that is void under regulation 46 or 47 .(3) The Commission is to cancel a licence number plate that is void.
49. Replacement licence number plates
[Regulation 50 Rescinded by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . . [Regulation 51 Rescinded by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(1) On payment of the specified fee, a person may apply to the Commission for a replacement licence number plate for a licence number plate that has been cancelled under regulation 48(3) .(2) On receipt of the application, the Commission –(a) may issue a replacement licence number plate; and(b) is not required to issue a replacement licence number plate with the same number as the cancelled licence number plate it is replacing.
52. Obligation to display inspection labels
[Regulation 52 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 52 Amended by S.R. 2010, No. 85, Applied:18 Aug 2010] If an inspection label is issued under regulation 102(6) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 in respect of a vehicle, the responsible person must ensure that while the vehicle is operating as a taxi the inspection label remains affixed to the vehicle.Penalty: Fine not exceeding 5 penalty units.
53. Obligation to display temporary taxi licence labels
(1) If a temporary taxi licence is issued under section 58 of the Act, the Commission is to issue a label –(a) in such form as the Commission determines; and(b) that states the expiry date of the temporary taxi licence.(2) [Regulation 53 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Regulation 53 Subregulation (2) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The holder of the temporary taxi licence issued with a label under this regulation must ensure the label is affixed to the taxi operating under the authority of the licence in accordance with the Commission's written instructions and remains so affixed while the vehicle is operating as a taxi under the authority of the licence.Penalty: Fine not exceeding 5 penalty units.(3) The holder of a temporary taxi licence must remove a label affixed under subregulation (2) immediately after the expiry of the licence.Penalty: Fine not exceeding 5 penalty units.
(1) If a label issued under this Division is lost or damaged to the extent that it is unusable, the person to whom the label was issued must notify the Commission in writing as soon as practical after the loss or damage is discovered.Penalty: Fine not exceeding 5 penalty units.(2) The Commission may request, in writing, the holder of a lost or damaged label to provide the Commission with such written evidence as the Commission requires to satisfy it of the loss or damage.(3) A person to whom a request is made under subregulation (2) must comply with that request within the period specified in the request.Penalty: Fine not exceeding 5 penalty units.(4) The Commission may issue a replacement label on payment of the specified fee.
PART 4 - Operation of Taxis
55. Standard fares and charges
The standard fares and additional charges for the hire of a taxi are as set out in Schedule 3 .
(1) The Commission may pay a trip subsidy to the holder of a wheelchair-accessible taxi licence for each journey on which the taxi operating under the authority of the licence carries at least one wheelchair passenger.(2) The trip subsidy is to be the amount specified in Schedule 4 for the taxi area in relation to which the wheelchair-accessible taxi licence is in force.(3) Before paying a trip subsidy, the Commission may require the holder of the licence to provide such evidence of the journey as the Commission considers necessary.
(1) In this regulation –assistance animal means an animal referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.(2) 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 be reasonably used from the point at which the taxi was hired to the destination stated by the passenger.Penalty: Fine not exceeding 10 penalty units.(3) The driver of a taxi must not operate the taxi while the taximeter is operating on the wrong tariff for the hiring.Penalty: Fine not exceeding 10 penalty units.(4) The driver of a taxi must not operate the taxi while the taximeter is operating on the third or fourth tariff if the taxi is not operating –(a) under a wheelchair-accessible taxi licence; or(b) under a temporary taxi licence that authorises the provision of a wheelchair-accessible taxi service; or(c) under the authorisation of the Commission given under section 93 of the Act.Penalty: Fine not exceeding 10 penalty units.(5) A driver must not –(a) refuse to accept a hiring while the driver's taxi is in a taxi zone within the taxi area specified on the taxi licence under which the taxi is providing a taxi service; 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; or(d) leave his or her taxi unattended in a taxi zone without reasonable grounds for doing so; or(e) prevent a taxi from leaving a taxi zone; or(f) inform a person that the person is required to hire the taxi standing in the foremost space within the taxi zone; or(g) advise a person that a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi is not able to be hired without a wheelchair passenger; or(h) refuse to transport an assistance animal of a passenger with a disability.Penalty: Fine not exceeding 10 penalty units.(6) It is a defence in proceedings under subregulation (5)(a) if the defendant establishes that –(a) he or she had reasonable grounds for believing that the intending hirer –(i) would not be able to pay for the hiring; or(ii) represented a real or potential threat to the defendant's physical safety or to the safe operation of the taxi; or(b) the taxi was unable to appropriately and safely transport –(i) a proposed passenger; or(ii) a proposed item.
58. Requirements for drivers and responsible operators of wheelchair-accessible taxis
(1) [Regulation 58 Subregulation (1) amended by S.R. 2010, No. 85, Applied:18 Aug 2010] [Regulation 58 Subregulation (1) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The holder of a wheelchair-accessible taxi licence must not allow a person to drive a wheelchair-accessible taxi under the authority of the licence unless the person has successfully completed any course of instruction the Registrar may require under regulation 47(3) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 in respect of conveying persons with disabilities.Penalty: Fine not exceeding 20 penalty units.(2) The driver of a wheelchair-accessible taxi must ensure that a wheelchair carried in the taxi is restrained in the wheelchair restraint assembly installed in the taxi in accordance with AS 2942.Penalty: Fine not exceeding 20 penalty units.(3) [Regulation 58 Subregulation (3) amended by S.R. 2010, No. 85, Applied:18 Aug 2010] [Regulation 58 Subregulation (3) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] The holder of an ancillary certificate within the meaning of the Vehicle and Traffic Act 1999 must not convey another person in a wheelchair-accessible taxi unless the holder of that certificate has successfully completed any course of instruction the Registrar may require under regulation 47(3) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 in respect of conveying persons with disabilities.Penalty: Fine not exceeding 20 penalty units.
59. Standing in public streets
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 taxi licence unless –(a) the place where the taxi is standing is a taxi zone within the taxi area specified on the taxi licence under which the taxi is providing a taxi service; or(b) in any other case, a not-for-hire sign is displayed on the taxi in accordance with these regulations.Penalty: Fine not exceeding 10 penalty units.
(1) A person must not solicit, in a public place, another person to hire a taxi.(2) A person must not cause or permit a person to solicit, in a public place, another person to hire a taxi.(3) Nothing in subregulation (1) or (2) prevents a taxi from –(a) being hired when it is standing for hire on a taxi zone; or(b) being hailed.
(1) A driver must not charge a passenger more than the total fare for the hiring period.Penalty: Fine not exceeding 10 penalty units.(2) 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, if the closure was publicly notified in a newspaper before the hiring period;(e) the directions or actions of a police officer or authorised officer who is investigating the commission or possible commission of an offence involving the driver or the taxi;(f) an event that the driver, with reasonable foresight, could have prevented or avoided.Penalty: Fine not exceeding 10 penalty units.(3) Before accepting any hiring, a driver may request payment of a deposit that does not exceed the expected cost of the hiring.
[Regulation 62 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The responsible operator of a taxi licence must cause to be displayed in the taxi operating under the authority of the licence a prominent notice of the relevant fares and charges applicable to the taxi.Penalty: Fine not exceeding 10 penalty units.
PART 5 - Authorised Meter Adjusters
63. Appointment of authorised meter adjusters
(1) A person may apply to the Commission to be appointed as an authorised meter adjuster.(2) An application for appointment as an authorised meter adjuster is to be –(a) in a form approved by the Commission; and(b) accompanied by the specified fee.(3) The Commission is to appoint a person as an authorised meter adjuster –(a) as necessary for the exercise or performance by the Commission of its powers and functions with regard to the testing, sealing and programming of taximeters; and(b) on such terms and conditions as the Commission thinks fit.(4) [Regulation 63 Subregulation (4) amended by S.R. 2009, No. 198, Applied:01 Jan 2010] An authorised meter adjuster, or a person applying to be appointed as an authorised meter adjuster, must not, in giving any information to the Commission –(a) make a statement that he or she knows, or reasonably ought to know, is false or misleading; or(b) make an omission from the information given to the Commission if he or she knows, or reasonably ought to know, that as a result of the omission the information given to the Commission is false or misleading.Penalty: Fine not exceeding 50 penalty units.(5) The Commission is to refuse an application for appointment as an authorised meter adjuster if the Commission –(a) is satisfied that the person is not a fit and proper person to be so appointed; or(b) is not satisfied that the applicant will be able to comply with the requirements set out in these regulations for authorised meter adjusters; or(c) is not satisfied that the applicant is competent to undertake the duties of an authorised meter adjuster.
(1) The Commission may issue an authorised meter adjuster with a pair of sealing pliers on payment of the specified fee.(2) Sealing pliers issued under subregulation (1) remain the property of the Commission.(3) An authorised meter adjuster must surrender the sealing pliers if requested to do so by the Commission.Penalty: Fine not exceeding 10 penalty units.(4) An authorised meter adjuster must not transfer the sealing pliers to another person.Penalty: Fine not exceeding 10 penalty units.(5) If a pair of sealing pliers is lost, destroyed or damaged, the authorised meter adjuster who was issued with those pliers must inform the Commission in writing as soon as practicable after the loss or damage is discovered.Penalty: Fine not exceeding 5 penalty units.(6) The Commission is to issue a replacement pair of sealing pliers, on payment of the specified fee, to an authorised meter adjuster whose pliers are lost, destroyed or damaged.
An authorised meter adjuster is to test a taximeter to verify that the taximeter is –[Regulation 66 Rescinded by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(a) operating with a margin of error no greater than 1.5%; and(b) correctly –(i) measuring elapsed time and distance travelled; and(ii) calculating and displaying the relevant fares.
(1) An authorised meter adjuster must not seal a taximeter under these regulations unless he or she has tested the taximeter and verified that the taximeter complies with regulation 65 .Penalty: Fine not exceeding 10 penalty units.(2) An authorised meter adjuster who has tested a taximeter and found that the taximeter complies with these regulations must seal the taximeter –(a) with a tamperproof seal; and(b) in such a manner as to prevent any physical interference with the internal workings of the taximeter without the seal being broken.Penalty: Fine not exceeding 10 penalty units.(3) If a taximeter would be able to be electronically interfered with without breaking a tamperproof seal once the seal was affixed, the authorised meter adjuster must –(a) ensure that the taximeter has an electronic seal affixed to the taximeter; and(b) once satisfied of paragraph (a) , seal the taximeter with a tamperproof seal.Penalty: Fine not exceeding 10 penalty units.(4) [Regulation 67 Subregulation (4) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] An authorised meter adjuster who has sealed a taximeter in accordance with these regulations must provide a sealing certificate, or similar document, to the responsible person stating –(a) whether or not the taximeter is correctly –(i) measuring waiting times and distances travelled; and(ii) calculating and displaying fares in accordance with the relevant fares; and(b) any other information that the authorised meter adjuster considers relevant.Penalty: Fine not exceeding 10 penalty units.(5) [Regulation 67 Subregulation (5) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] An authorised meter adjuster who issues a person with a sealing certificate, or similar document, under subregulation (4) must provide a copy of the certificate to the Commission within 30 days after the sealing of the taximeter.Penalty: Fine not exceeding 10 penalty units.(6) [Regulation 67 Subregulation (6) inserted by S.R. 2009, No. 198, Applied:01 Jan 2010] An authorised meter adjuster must not issue a sealing certificate, or similar document, under this regulation that is false or misleading in any way.Penalty: Fine not exceeding 10 penalty units.
68. Records to be kept by authorised meter adjusters
(1) [Regulation 68 Subregulation (1) substituted by S.R. 2009, No. 198, Applied:01 Jan 2010] An authorised meter adjuster must –(a) make a written record of each taximeter that he or she seals as soon as practicable after the work is undertaken; and(b) retain the record required to be kept under this regulation for a period of at least 5 years after the record is made.Penalty: Fine not exceeding 10 penalty units.(2) The record to be kept under subregulation (1) is to include –(a) the date the taximeter was tested and sealed; and(b) the registration number of the vehicle in which the taximeter is installed; and(c) the serial number of the taximeter; and(d) the previous seal identification, if any; and(e) the nature of the work undertaken; and(f) the new seal identification, if any; and(g) any further information that the Commission, by notice in writing, requires.(3) The Commission, by notice in writing, may require an authorised meter adjuster to supply the Commission, within a specified period, with any information required to be kept under this regulation.(4) An authorised meter adjuster must comply with a written notice under subregulation (3) within the specified period.Penalty: Fine not exceeding 10 penalty units.
69. Resignation of appointment as authorised meter adjuster
(1) An authorised meter adjuster may resign from his or her appointment as an authorised meter adjuster by notifying the Commission in writing.(2) An authorised meter adjuster who resigns must return the sealing pliers issued under regulation 64 to the Commission within 14 days after providing notification under subregulation (1) .Penalty: Fine not exceeding 10 penalty units.(3) The Commission is to refund the fee paid in respect of the sealing pliers on their return to the Commission.
70. Suspension or cancellation of appointment as authorised meter adjuster
(1) The Commission may suspend or cancel the appointment of a person as an authorised meter adjuster if –(a) the person fails to comply with the terms and conditions under which he or she was appointed as an authorised meter adjuster; or(b) the person fails to comply with the requirements set out in these regulations for authorised meter adjusters; or(c) the person deliberately, or incompetently, incorrectly programs a taximeter; or(d) the Commission is satisfied that the person is not a fit and proper person to be an authorised meter adjuster.(2) If the Commission proposes to suspend or cancel the appointment of a person as an authorised meter adjuster, the Commission is to –(a) give the person notice in writing of its intention to suspend or cancel his or her appointment; and(b) give the person a reasonable opportunity to make representations to the Commission regarding the proposed suspension or cancellation; and(c) take any such representations into account in exercising its power under this regulation.(3) If the appointment of a person as an authorised meter adjuster is suspended, the Commission is to notify the person in writing of –(a) the suspension; and(b) the commencement date and duration period of the suspension.(4) If the appointment of a person as an authorised meter adjuster is cancelled, the Commission –(a) is to notify the person in writing –(i) of the cancellation; and(ii) of the date the cancellation takes effect; and(iii) that he or she is to return the sealing pliers issued under regulation 64 to the Commission; and(b) at its discretion, is to refund the fee paid in respect of the sealing pliers on their return to the Commission.
PART 6 - Miscellaneous
If any property left in a taxi remains unclaimed for 7 days, the responsible operator of the taxi licence under which the taxi is providing the taxi service must deliver the property within a further 5 days to a police station.Penalty: Fine not exceeding 5 penalty units.
In any proceedings under these regulations –(a) [Regulation 72 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] evidence that the tariff indicator light on the left or near side of the taxi roof sign 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) [Regulation 72 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] evidence that the tariff indicator light on the left or near side of the taxi roof sign and the tariff indicator light on the right or far side of the taxi roof sign were illuminated at a particular time or place is evidence that the taximeter was operating at the second tariff at that time or place; and(c) [Regulation 72 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] evidence that the central tariff indicator light and the tariff indicator light on the left or near side of the taxi roof sign were illuminated at a particular time or place is evidence that the taximeter was operating at the third tariff at that time or place; and(d) evidence that all tariff indicator lights were illuminated at a time or place is evidence that the taximeter was operating at the fourth tariff at that time or place.
(1) [Regulation 73 Subregulation (1) omitted by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .(2) For the purposes of the Act, the fees specified in Schedule 5 are prescribed.(3) If a person fails to pay a fee required by the Act, other than an annual administration fee, the fee is a debt to the Commission and may be recoverable as such in a court of competent jurisdiction.(4) [Regulation 73 Subregulation (4) omitted by S.R. 2009, No. 198, Applied:01 Jan 2010] . . . . . . . .
(1) Division 4 of Part 3 does not apply to the responsible operator of a taxi licence in the Perth or West Tamar taxi area until the earlier of the following events:(a) a security camera system is installed in the taxi;(b) 12 months has passed since the commencement of these regulations.(2) A security camera test label that complies with item 4 of Schedule 2 to the Taxi Industry Regulations 1996 is taken to be written evidence of the most recent testing of a security camera system until the security camera system is tested in accordance with regulation 39 .(3) A video recording from a security camera system that, immediately before the commencement of these regulations, was downloaded and stored under Part 5A of the Taxi Industry Regulations 1996 , is taken to have been downloaded and stored under Division 4 of Part 3 of these regulations.(4) A person who was a taximeter sealer, appointed under regulation 23A of the Taxi Industry Regulations 1996 , immediately before the commencement of these regulations is taken to be an authorised meter adjuster for the purposes of these regulations.(5) A person who was issued with sealing pliers in accordance with regulation 23A(4) of the Taxi Industry Regulations 1996 is taken to have been issued with those sealing pliers in accordance with these regulations.
SCHEDULE 1 - Vehicle specifications
1. The following vehicle specifications apply to a taxi that is not a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi:(a) the vehicle must be a small passenger vehicle that is designed and constructed primarily for the purpose of carrying passengers;(b) the vehicle must have an access door provided adjacent to each outboard seating position;(c) the vehicle must provide adequate luggage space –(i) in the case of a sedan-style vehicle, external to the passenger compartments; or(ii) in the case of a station wagon-style vehicle to the rear of the rearmost seat occupied by a passenger.
SCHEDULE 2 - Security camera system installation
PART 1 - General
1. Interpretation(1) In this Schedule –rear-vision camera means an internal camera that is positioned above the internal rear-vision mirror in a taxi.(2) A word or phrase used in this Schedule but not defined in it has the same meaning as it has for the purposes of Division 4 of Part 3 .
PART 2 - Installation
1. Installation of security camera system(1) A security camera system must be installed in accordance with the manufacturer's instructions.(2) [Part 2 of Schedule 2 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] A security camera system includes all cameras installed in the vehicle and must include at least one rear-vision camera.(3) All cameras must be mounted in such a manner as to prevent misalignment of the field of view, except in the case of a vehicle accident or other severe impact.(4) The cameras and all system components must be installed in a manner that does not interfere with the driver's vision or view of mirrors, or with other normal operations of the vehicle.(5) Apart from an internal camera referred to in clause 3 , all internal components of the security camera system must be concealed.
2. Rear-vision camera(1) The rear-vision camera must provide a clear view of the taxi driver and all seated passengers.(2) The rear-vision camera must be able to capture all occupants of the vehicle in any image taken by the camera.
3. Internal cameraAn internal camera must be readily visible to all vehicle occupants.
4. External camera(1) The first external camera, if at least one is installed, should be positioned to provide a view of a person standing at the window of the driver's door.(2) [Part 2 of Schedule 2 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] An external camera, if fitted, may be concealed or not identifiable to persons outside the vehicle.
5. Additional cameras[Part 2 of Schedule 2 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] Internal and external cameras additional to the rear-vision camera may be fitted to the vehicle, but the additional cameras –(a) must be at least the same standard in all aspects as the rear-vision camera; and(b) must be fitted in accordance with this Part.
6. Interference of security camera system(1) [Part 2 of Schedule 2 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The installation of the security camera system must not affect the compliance of the vehicle with the Vehicle and Traffic Act 1999 .(2) [Part 2 of Schedule 2 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] The security camera system must not inappropriately interfere with another system on board the vehicle and must itself not be affected by any other source of interference likely to be encountered in the vehicle.
7. Testing and downloading(1) The security camera system must be installed in a manner that enables the system to be easily tested to ensure that all features are operating and that images are being recorded as required under these regulations.(2) The security camera system must be installed in a manner that enables the easy download of video recordings from the camera system.
SCHEDULE 3 - Standard fares
1. InterpretationIn this Schedule –flagfall means the amount charged on the taxi being set in motion at the beginning of the hiring.
2. Standard fares for taxi operating under a licence that relates to the Hobart, Launceston, Burnie, Devonport, Perth, Ulverstone or West Tamar taxi area[Schedule 3 Amended by S.R. 2011, No. 107, Applied:26 Oct 2011](1) This clause applies to a taxi that operates under a licence that relates to the Hobart, Launceston, Burnie, Devonport, Perth, Ulverstone or West Tamar taxi area.(2) The tariff to be charged 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, called the first tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $3.40 as flagfall; and(b) the sum of 10 cents for the first 27.2 metres travelled, or the first 5 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 54.5 metres travelled or each 9.9 seconds of time elapsed, whichever is the greater.(3) The tariff to be charged at times when the first tariff does not apply, called the second tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $3.40 as flagfall; and(b) the sum of 10 cents for the first 22.7 metres travelled, or the first 5 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 45.5 metres travelled or each 9.9 seconds of time elapsed, whichever is the greater.
3. Standard fares for taxi operating under a licence that relates to the King Island or Flinders Island taxi area[Schedule 3 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Schedule 3 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Schedule 3 Amended by S.R. 2011, No. 107, Applied:26 Oct 2011](1) This clause applies to a taxi that operates under a licence that relates to the King Island or Flinders Island taxi area.(2) The tariff to be charged 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, called the first tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $4.90 as flagfall; and(b) the sum of 10 cents for the first 24.3 metres travelled, or the first 4.3 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 48.6 metres travelled or each 8.7 seconds of time elapsed, whichever is the greater.(3) The tariff to be charged at times when the first tariff does not apply, called the second tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $4.90 as flagfall; and(b) the sum of 10 cents for the first 20.3 metres travelled, or the first 4.3 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 40.6 metres travelled or each 8.7 seconds of time elapsed, whichever is the greater.
4. Standard fares for taxi operating under a licence that relates to all other taxi areas[Schedule 3 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Schedule 3 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Schedule 3 Amended by S.R. 2011, No. 107, Applied:26 Oct 2011](1) This clause applies to a taxi that operates under a licence that relates to a taxi area not covered by clause 2 or 3 .(2) The tariff to be charged 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, called the first tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $3.40 as flagfall; and(b) the sum of 10 cents for the first 27.7 metres travelled, or the first 5.1 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 55.4 metres travelled or each 10.2 seconds of time elapsed, whichever is the greater.(3) The tariff to be charged at times when the first tariff does not apply, called the second tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $3.40 as flagfall; and(b) the sum of 10 cents for the first 23.1 metres travelled, or the first 5.1 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 46.1 metres travelled or each 10.2 seconds of time elapsed, whichever is the greater.
5. Standard fares for wheelchair-accessible taxis while conveying a wheelchair passenger in a taxi area[Schedule 3 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Schedule 3 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Schedule 3 Amended by S.R. 2011, No. 107, Applied:26 Oct 2011](1) This clause relates to a wheelchair-accessible taxi, a remote area wheelchair-accessible taxi, a substitute wheelchair-accessible taxi or a vehicle approved under section 93 of the Act to provide a service equivalent to a wheelchair-accessible taxi service that conveys a passenger travelling in a wheelchair in any taxi area.(2) The tariff to be charged 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 wheelchair-accessible taxi, remote area wheelchair-accessible taxi, substitute wheelchair-accessible taxi or approved vehicle is hired, called the third tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $5.00 as flagfall; and(b) the sum of 10 cents for the first 24.4 metres travelled, or the first 4.3 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 48.8 metres travelled or each 8.7 seconds of time elapsed, whichever is the greater.(3) The tariff to be charged at times when the third tariff does not apply, called the fourth tariff, is the amount recorded on the taximeter when the taximeter is calibrated to record –(a) the sum of $5.00 as flagfall; and(b) the sum of 10 cents for the first 20.4 metres travelled, or the first 4.3 seconds of time elapsed, whichever occurs first; and(c) after the distance travelled or the time elapsed as specified in paragraph (b) , the sum of 10 cents for each complete 40.8 metres travelled or each 8.7 seconds of time elapsed, whichever is the greater.
6. Extra charges(1) In the case of trips originating outside the Burnie, Devonport, Hobart or Launceston taxi area between the hours of 12.30 a.m. and 5.00 a.m., a surcharge of $2.60 may 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.(3) In the case where a taxi has been soiled or befouled by a person using the taxi, the responsible operator of the taxi licence or driver may charge that person a fee of up to $70, being the amount that the responsible operator or driver estimates to be the reasonable costs of cleaning the taxi.(4) The responsible operator of a taxi licence or driver may charge the hirer an additional charge for road tolls, ferry charges and entry or exit fees, if the responsible operator or driver –(a) is able to produce a receipt demonstrating payment of the toll, charge or fee; or(b) has incurred, or will incur, a liability to pay the toll, charge or fee.
7. High-occupancy vehicle tariffThe operator of a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi, when carrying 5 or more passengers, may charge a high-occupancy vehicle tariff equivalent to the fourth tariff set out in clause 5(3) .
SCHEDULE 4 - Trip subsidies
Taxi area | Trip subsidy | 1. | Hobart | $10 | 2. | Launceston | $12 | 3. | Devonport | $16 | 4. | Burnie | $16 | 5. | Break O'Day | $16 | 6. | Bruny Island | $16 | 7. | Central Highlands | $16 | 8. | Circular Head | $16 | 9. | Dorset | $16 | 10. | Flinders Island | $16 | 11. | George Town | $16 | 12. | Glamorgan/Spring Bay North | $16 | 13. | Glamorgan/Spring Bay South | $16 | 14. | Huon Valley | $16 | 15. | Kentish | $16 | 16. | King Island | $16 | 17. | Meander Valley | $16 | 18. | New Norfolk | $16 | 19. | Penguin | $16 | 20. | Perth | $12 | 21. | Tasman Peninsula | $16 | 22. | Ulverstone | $16 | 23. | West Coast | $16 | 24. | West Tamar | $16 |
SCHEDULE 5 - Fees
PART 1 - Perpetual taxi licence[Part 1 of Schedule 5 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Part 1 of Schedule 5 Amended by S.R. 2011, No. 146, Applied:01 Apr 2012]
Description | Fee units | 1. | Annual administration fee for perpetual taxi licence relating to the Hobart and Launceston taxi areas | 438 | 2. | Annual administration fee for perpetual taxi licence relating to the Devonport, Burnie, Ulverstone, George Town, Perth, West Tamar and New Norfolk taxi areas | 330 | 3. | Annual administration fee for perpetual taxi licence relating to any other taxi area | 182 | 4. | Issue of replacement licence number plate or label | 10 | 5. | Issue of replacement perpetual taxi licence | 10 | 6. | Notification of change of ownership of perpetual taxi licence | 10 | 7. | Notification of commencement of lease or assignment | 10 |
PART 2 - Owner-operator taxi licence[Part 2 of Schedule 5 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Part 2 of Schedule 5 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Part 2 of Schedule 5 Amended by S.R. 2011, No. 146, Applied:01 Apr 2012]
Description | Fee units | 1. | Application for owner-operator taxi licence | 100 | 2. | Annual administration fee for owner-operator taxi licence relating to the Hobart and Launceston taxi areas | 438 | 3. | Annual administration fee for owner-operator taxi licence relating to the Devonport, Burnie, Ulverstone, George Town, Perth, West Tamar and New Norfolk taxi areas | 330 | 4. | Annual administration fee for owner-operator taxi licence relating to any other taxi area | 182 | 5. | Issue of replacement licence number plate or label | 10 | 6. | Issue of replacement owner-operator taxi licence | 10 | 7. | Application for transfer of owner-operator taxi licence to another person | 10 |
PART 3 - Wheelchair-accessible taxi licence[Part 3 of Schedule 5 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Part 3 of Schedule 5 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Part 3 of Schedule 5 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Part 3 of Schedule 5 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010] [Part 3 of Schedule 5 Amended by S.R. 2011, No. 146, Applied:01 Apr 2012]
Description | Fee units | 1. | Application for wheelchair-accessible taxi licence | 100 | 2. | Annual administration fee for wheelchair-accessible taxi licence relating to the Hobart and Launceston taxi areas | 438 | 3. | Annual administration fee for wheelchair-accessible taxi licence relating to the Devonport, Burnie, Ulverstone, George Town, Perth, West Tamar and New Norfolk taxi areas | 330 | 4. | Annual administration fee for wheelchair-accessible taxi licence relating to any other taxi area | 182 | 5. | Issue of replacement licence number plate or label | 10 | 6. | Issue of replacement wheelchair-accessible taxi licence | 10 | 7. | Application for transfer of wheelchair-accessible taxi licence to another person | 10 | 8. | Application for transfer of wheelchair-accessible taxi licence to another vehicle | 10 |
PART 4 - Temporary taxi licence[Part 4 of Schedule 5 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010]
Description | Fee units | 1. | Application for temporary taxi licence | 30 | 2. | Issue of replacement temporary taxi licence | 10 |
PART 5 - Authorised meter adjuster[Part 5 of Schedule 5 Amended by S.R. 2009, No. 198, Applied:01 Jan 2010]
Description | Fee units | 1. | Application for authorisation as authorised meter adjuster | 10 | 2. | Issue or replacement of sealing pliers | 200 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 24 September 2008
These regulations are administered in the Department of Infrastructure, Energy and Resources.