Luxury Hire Car 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 Luxury Hire Car 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.
In these regulations –[Regulation 3 Amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] Act means the Taxi and Hire Vehicle Industries Act 2008 ;[Regulation 3 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013][Regulation 3 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] Group A vehicle means a small passenger vehicle that meets the prescribed criteria set out in regulation 8(2)(a) ;[Regulation 3 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] Group B vehicle means a small passenger vehicle that meets the prescribed criteria set out in regulation 8(2)(b) ;[Regulation 3 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] Group C vehicle means a small passenger vehicle that meets the prescribed criteria set out in regulation 8(2)(c) ;[Regulation 3 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] Group D vehicle means a small passenger vehicle that meets the prescribed criteria set out in regulation 8(2)(d) ;[Regulation 3 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;registration plate has the same meaning as in the Taxi Industry Regulations 2008 ;security camera system has the same meaning as in the Taxi Industry Regulations 2008 ;[Regulation 3 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] specified fee means a fee specified in Schedule 2 ;[Regulation 3 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] value means the manufacturer's recommended retail price for a vehicle, including GST and excluding optional extras, accessories, dealer delivery charges and any other charges, fees or taxes applicable to the sale of the vehicle.
PART 2 - Luxury Hire Car Licences
4. Form of luxury hire car licence
[Regulation 4 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] A luxury hire car licence is to be in a form approved by the Commission and is to include –(a) the name and address of the holder of the licence; and(b) the licence number of the licence; 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) [Regulation 4 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] the number of the licence number plate in force in respect of the licence; and(e) [Regulation 4 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] the conditions, if any, imposed on the luxury hire car licence under the Act.
The holder of a luxury hire car licence must notify the Commission in writing of a change to his or her name or address within 14 days after the change occurs.Penalty: Fine not exceeding 5 penalty units.
6. Suspension of luxury hire car licence
For the purposes of section 82(1) of the Act, the prescribed circumstances in which the Commission may suspend a luxury hire car 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 vehicle to which the licence applies ceases to be registered;(d) [Regulation 6 Amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] if the Commission has suspended the accreditation of the holder of the licence under the Passenger Transport Services Act 2011 ;(e) [Regulation 6 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] if the holder of the licence is found guilty of an offence under section 95 of the Act.
7. Cancellation of luxury hire car licence
For the purposes of section 82(1) of the Act, the prescribed circumstances in which the Commission may cancel a luxury hire car licence are as follows:(a) if the holder of the licence fails to comply with a condition of the licence;(b) [Regulation 7 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . .(c) if the vehicle to which the licence applies ceases to meet the specifications of a luxury hire car and is still being offered for hire as a luxury hire car;(d) if the vehicle to which the licence applies ceases to be registered and is likely to remain unregistered for a prolonged period;(e) [Regulation 7 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] if the holder of the licence has fees owing to the Commission, in respect of the licence, that have been due for a period greater than 12 months;(f) [Regulation 7 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] if the holder of the licence is found guilty of an offence under section 95 of the Act;(g) [Regulation 7 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013] if the holder of the licence fails to provide information to the Commission in accordance with section 97 of the Act within 90 days after the expiry of the period specified in the notice given to the holder in accordance with that section.
PART 3 - Vehicles and Equipment
8. Prescribed criteria for approval of luxury hire car
[Regulation 8 Substituted by S.R. 2013, No. 46, Applied:01 Jul 2013](1) The following classes of vehicles are classes of luxury hire cars for the purposes of the Act:(a) Group A vehicle;(b) Group B vehicle;(c) Group C vehicle;(d) Group D vehicle.(2) For section 73(1) of the Act –(a) the prescribed criteria in relation to a Group A vehicle are that the vehicle must have –(i) a minimum wheelbase of 2 800 millimetres; and(ii) a value equal to or greater than the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and(b) the prescribed criteria in relation to a Group B vehicle are that the vehicle must –(i) be a small passenger vehicle that is a stretched or modified version of a Group A vehicle; and(ii) before being stretched or modified, must have a minimum wheelbase of 2 800 millimetres; and(iii) before being stretched or modified, must have a value equal to or greater than the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and(iv) be manufactured less than 7 years before the date the application, for approval of the vehicle for use as a luxury hire car, was made under section 73(2) of the Act; and(c) the prescribed criteria in relation to a Group C vehicle are that the vehicle must –(i) have a minimum wheelbase of 2 800 millimetres; and(ii) have a value equal to or greater than a multiple of 2 times the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and(iii) be manufactured less than 7 years before the date the application for approval of the vehicle for use as a luxury hire car was made under section 73(2) of the Act; and(d) the prescribed criteria in relation to a Group D vehicle are that the vehicle must –(i) be a small passenger vehicle that is a stretched or modified version of a Group C vehicle; and(ii) before being stretched or modified, must have a minimum wheelbase of 2 800 millimetres; and(iii) before being stretched or modified, must have a value equal to or greater than a multiple of 2 times the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and(iv) be manufactured less than 7 years before the date the application, for approval of the vehicle for use as a luxury hire car, was made under section 73(2) of the Act.
9. Maximum age for luxury hire car
[Regulation 9 Substituted by S.R. 2013, No. 46, Applied:01 Jul 2013] A person must not operate a vehicle as a luxury hire car if the age of the vehicle exceeds the following:[Regulation 10 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . .(a) in the case of a Group A vehicle, 7 years;(b) in the case of a Group B vehicle, 12 years;(c) in the case of a Group C vehicle, 15 years;(d) in the case of a Group D vehicle, 20 years.Penalty: Fine not exceeding 20 penalty units.
PART 4 - Licence Number Plates, Labels and Logbooks[Part 4 Heading amended by S.R. 2013, No. 46, Applied:01 Jul 2013]
Division 1 - Licence number plates
[Regulation 10A Inserted by S.R. 2013, No. 46, Applied:01 Jul 2013] This Division applies if the Commission has, in respect of a luxury hire car licence, issued a licence number plate to the holder of the licence in accordance with section 89 of the Act.
11. Obligation to display licence number plate
[Regulation 12 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . .(1) [Regulation 11 Subregulation (1) omitted by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . .(2) The holder of a luxury hire car licence must ensure that the licence number plate –(a) is affixed in accordance with subregulation (4) to the luxury hire car shown in the register of licences as the vehicle to which the licence number plate relates; and(b) [Regulation 11 Subregulation (2) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] remains so affixed while the vehicle is operating as a luxury hire car under the authority of the luxury hire car licence.Penalty: Fine not exceeding 10 penalty units.(3) It is a defence in proceedings for an offence under subregulation (2) if the defendant establishes that, when the offence occurred –(a) the licence number plate had been –(i) [Regulation 11 Subregulation (3) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . .(ii) [Regulation 11 Subregulation (3) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] lost and the defendant has notified the Commission in accordance with regulation 13(1A) ; or(iii) [Regulation 11 Subregulation (3) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] damaged to the extent that it was unusable and the defendant has notified the Commission in accordance with regulation 13(1)(a) ; and(b) [Regulation 11 Subregulation (3) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . .(c) a replacement licence number plate had not been issued.(4) 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.(5) The holder of a luxury hire car 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 specified in the licence.Penalty: Fine not exceeding 10 penalty units.(6) [Regulation 11 Subregulation (6) substituted by S.R. 2013, No. 46, Applied:01 Jul 2013] If the luxury hire car licence to which a licence number plate relates lapses, in accordance with section 76(1) of the Act, the holder of the licence must remove the licence number plate, or cause the licence number plate to be removed, from the vehicle to which the licence relates whilst the licence has lapsed.Penalty: Fine not exceeding 10 penalty units.(7) [Regulation 11 Subregulation (7) substituted by S.R. 2013, No. 46, Applied:01 Jul 2013] If the luxury hire car licence to which a licence number plate relates is suspended, the holder of the licence must remove the licence number plate, or cause the licence number plate to be removed, from the vehicle to which the licence relates for the period of the suspension.Penalty: Fine not exceeding 10 penalty units.(8) [Regulation 11 Subregulation (8) substituted by S.R. 2013, No. 46, Applied:01 Jul 2013] The holder of a luxury hire car licence must not operate, or cause or permit another person to operate, a luxury hire car that has affixed to it a licence number plate that –(a) is void under regulation 13 ; or(b) is to be surrendered or delivered up to the Commission under section 90 of the Act; or(c) is to be removed from the luxury hire car under subregulation (6) or (7) .Penalty: Fine not exceeding 20 penalty units.
13. Lost or damaged licence number plates
(1) [Regulation 13 Subregulation (1) substituted by S.R. 2013, No. 46, Applied:01 Jul 2013] If a licence number plate is damaged to the extent that it is unusable, the holder of the luxury hire car licence in respect of which the licence number plate was issued must, as soon as practicable after the holder discovers the damage –(a) notify, in writing, the Commission of the damage; and(b) return the damaged licence number plate to the Commission.Penalty: Fine not exceeding 5 penalty units.(1A) [Regulation 13 Subregulation (1A) inserted by S.R. 2013, No. 46, Applied:01 Jul 2013] If a licence number plate is lost, the holder of the luxury hire car licence in respect of which the licence number plate was issued must notify, in writing, the Commission of the loss as soon as practicable after the holder discovers the loss.Penalty: Fine not exceeding 5 penalty units.(2) [Regulation 13 Subregulation (2) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] The Commission may request the holder of a luxury hire car licence, who notified the Commission under subregulation (1A) , to provide the Commission with any information the Commission requires, within a period specified by the Commission, to satisfy the Commission of the loss.(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 13 Subregulation (4) substituted by S.R. 2013, No. 46, Applied:01 Jul 2013] A licence number plate returned to the Commission under subregulation (1)(b) or notified as lost under subregulation (1A) is void.(5) [Regulation 13 Subregulation (5) inserted by S.R. 2013, No. 46, Applied:01 Jul 2013] The Commission is to cancel a licence number plate that is void under subregulation (4) .
14. Replacement licence number plate
[Regulation 14 Substituted by S.R. 2013, No. 46, Applied:01 Jul 2013][Regulation 15 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . .(1) If the holder of a luxury hire car licence returns a licence number plate to the Commission under regulation 13(1)(b) , or notifies the Commission that a licence number plate is lost under regulation 13(1A) , the holder may apply to the Commission for a replacement licence number plate.(2) An application for a replacement licence number plate is to be –(a) in writing; and(b) in a form approved by the Commission.(3) On receipt of an application for a replacement licence number plate and on payment of a fee of 18 fee units, the Commission may issue a replacement licence number plate to the holder of a luxury hire car licence who made the application –(a) with the same number as the licence number plate being replaced; or(b) with a different number from the licence number plate being replaced.
Division 2 - Labels
[Regulation 16 Substituted by S.R. 2013, No. 46, Applied:01 Jul 2013](1) The Commission may issue a label, in a form approved by the Commission, to the holder of a luxury hire car licence.(2) On issuing a label, the Commission is to provide the holder of a luxury hire car licence, to whom the label was issued, with written instructions on how the label is to be affixed to the luxury hire car.(3) A label remains the property of the Commission and is issued in addition to, or in substitution for, any other label or form of identification issued by the Commission under the Act or these regulations.(4) The Commission may request a person to whom a label was issued to return the label to the Commission within a period the Commission specifies.(5) A person to whom a request under subregulation (4) is made must comply with the request within the period specified by the Commission.Penalty: Fine not exceeding 5 penalty units.
17. Obligation to display label
[Regulation 17 Substituted by S.R. 2013, No. 46, Applied:01 Jul 2013][Regulation 18 Amended by S.R. 2010, No. 84, Applied:18 Aug 2010] [Regulation 18 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . .(1) The holder of a luxury hire car licence, to whom a label is issued under regulation 16 , must ensure that –(a) the label is affixed as instructed under regulation 16(2) to the vehicle operating as a luxury hire car under the authority of the luxury hire car licence; and(b) while the vehicle is operating as a luxury hire car under the luxury hire car licence, the label remains affixed as instructed under regulation 16(2) .Penalty: Fine not exceeding 5 penalty units.(2) The Commission may instruct the holder of a luxury hire car licence to remove a label from the luxury hire car operating under the authority of that licence if the Commission considers it appropriate to do so.(3) The holder of a luxury hire car licence must comply with an instruction given to the holder by the Commission under subregulation (2) .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 practicable after the loss or damage is discovered.Penalty: Fine not exceeding 5 penalty units.(2) [Regulation 19 Subregulation (2) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] The Commission may request the holder of a luxury hire car licence, who notified the Commission under subregulation (1) , to provide the Commission with any evidence the Commission requires, within a period specified by the Commission, to satisfy the Commission 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 19 Subregulation (4) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] The Commission may issue a replacement label on payment of a fee of 10 fee units.
Division 3 - Logbooks
[Regulation 19A of Part 4 Inserted by S.R. 2013, No. 46, Applied:01 Jul 2013] In this Division –logbook means a logbook that –(a) is required to be carried in a luxury hire car under regulation 19B ; and(b) has entered into it the information set out in regulation 19C .
19B. Requirement to ensure logbook carried in luxury hire car
[Regulation 19B of Part 4 Inserted by S.R. 2013, No. 46, Applied:01 Jul 2013](1) The Commission, by notice in writing to the holder of a luxury hire car licence, may require the holder to ensure that the driver of the vehicle to which the licence applies carries a logbook in that vehicle while driving it for the purposes of providing the luxury hire car service.(2) The holder of a luxury hire car licence must comply with a notice given to the holder under subregulation (1) .Penalty: Fine not exceeding 10 penalty units.
19C. Information entered in logbook
[Regulation 19C of Part 4 Inserted by S.R. 2013, No. 46, Applied:01 Jul 2013](1) The holder of a luxury hire car licence given a notice under regulation 19B must ensure that the driver of the luxury hire car to which the licence relates enters the following information in the logbook for that luxury hire car:(a) the registration plate number of the luxury hire car to which the licence relates;(b) the number of the licence number plate for the luxury hire car licence under the authority of which the luxury hire car is operating;(c) for each hiring undertaken by the driver of the vehicle under the authority of the luxury hire car licence –(i) the date of the hiring; and(ii) the name of the customer; and(iii) the name of the passenger, if the passenger is someone other than the customer; and(iv) the pick-up location for the passenger; and(v) the destination of the passenger; and(vi) the time the luxury hire car was booked to pick up the passenger; and(vii) the time the luxury hire car arrives at the passenger's destination; and(viii) the agreed fare for the hiring; and(ix) any other information specified by the Commission in writing to the holder of the luxury hire car licence.(2) The driver of a luxury hire car in which a logbook is carried, in accordance with a notice given under regulation 19B , must –(a) enter in the logbook the information set out in subregulation (1)(a) and (b) ; and(b) enter in the logbook the information set out in subregulation (1)(c) for each hiring of the luxury hire car; and(c) enter as much of the information, set out in subregulation (1)(c) , in the logbook as is possible before arriving at the pick-up location for a passenger; and(d) complete the remaining details of the entry of the information, set out in subregulation (1)(c) , in the logbook as soon as practicable after the completion of the hiring of the luxury hire car.Penalty: Fine not exceeding 10 penalty units.
[Regulation 19D of Part 4 Inserted by S.R. 2013, No. 46, Applied:01 Jul 2013](1) The Commission, by notice in writing to the holder of a luxury hire car licence given a notice under regulation 19B , may require the holder to –(a) produce to the Commission, within a period specified in the notice, the logbook for the luxury hire car to which the luxury hire car licence relates; or(b) provide the Commission, within a period specified in the notice, with any information, from the logbook for the luxury hire car to which the luxury hire car licence relates, that the Commission specifies in the notice.(2) The holder of a luxury hire car licence must comply with a notice given to the holder under subregulation (1) within the period specified in that notice.Penalty: Fine not exceeding 10 penalty units.
[Regulation 19E of Part 4 Inserted by S.R. 2013, No. 46, Applied:01 Jul 2013](1) An authorised officer, or a police officer, may direct the driver of a luxury hire car to immediately produce for inspection, by the authorised officer or police officer, the logbook for the luxury hire car.(2) The driver of a luxury hire car must comply with a direction given to the driver under subregulation (1) .Penalty: Fine not exceeding 10 penalty units.
PART 5 - Licensing Offences[Regulation 20 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . . [Regulation 21 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . . [Regulation 22 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . . [Regulation 23 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . . [Regulation 24 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . . [Regulation 25 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013] . . . . . . . .
26. Fare to be agreed in advance
(1) [Regulation 26 Subregulation (1) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] The holder of a luxury hire car licence must not hire out a luxury hire car, or cause or permit a person to hire out a luxury hire car, unless the hiring charge, or a method for calculating the hiring charge, for the vehicle has been agreed prior to the commencement of the hiring.Penalty: Fine not exceeding 10 penalty units.(2) [Regulation 26 Subregulation (2) amended by S.R. 2013, No. 46, Applied:01 Jul 2013] The driver of a luxury hire car must not undertake a hiring unless the hiring charge, or a method for calculating the hiring charge, for the vehicle has been agreed prior to the commencement of the hiring.Penalty: Fine not exceeding 10 penalty units.
PART 6 - Miscellaneous
(1) [Regulation 27 Subregulation (1) omitted by S.R. 2009, No. 197, Applied:01 Jan 2010] . . . . . . . .(2) For the purposes of the Act, the fees specified in Schedule 2 are prescribed.(3) If a person fails to pay a fee required by the Act, other than the 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 27 Subregulation (4) omitted by S.R. 2009, No. 197, Applied:01 Jan 2010] . . . . . . . .
28. Transitional provision for licence not in force
[Regulation 28 Inserted by S.R. 2009, No. 197, Applied:24 Sep 2008](1) In this regulation –commencement day means the day on which the provisions of the current Act commenced;[Regulation 28 Subregulation (1) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] current Act means the Taxi and Hire Vehicle Industries Act 2008 ;former Act means the Taxi and Luxury Hire Car Industries Act 1995 as in force immediately before the commencement day.(2) A luxury hire car licence under the former Act is taken to be a luxury hire car licence under the current Act if the licence –(a) was not in force under the former Act immediately before the commencement day; but(b) has been entered into the register of licences in accordance with section 85 of the current Act.(3) For the purposes of this regulation, a luxury hire car licence is taken not to have been in force under the former Act immediately before the commencement day if the prescribed fee under section 23D(3)(b) of the former Act –(a) was due before the commencement day; but(b) had not been paid by that day.
SCHEDULE 1[Schedule 1 Rescinded by S.R. 2013, No. 46, Applied:01 Jul 2013]
SCHEDULE 2 - Fees[Schedule 2 Amended by S.R. 2011, No. 145, Applied:01 Apr 2012] [Schedule 2 Amended by S.R. 2013, No. 46, Applied:01 Jul 2013]
Description | Fee units | 1. | Application for luxury hire car licence | 100 | 2. | Annual administration fee | 256 | 3. | Issue of replacement licence number plate | 18 | 4. | Application for transfer of luxury hire car licence to another person | 10 | 5. | Application for transfer of luxury hire car licence to another vehicle | 10 | 6. | Issue of replacement luxury hire car licence | 10 |
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.