Authorised Version
Transport (Taxi-cab Industry Accreditation)
Amendment Regulations 2014
S.R. No. 62/2014
TABLE OF PROVISIONS
Regulation
1 2 3 4 5 6 7 8 9 10 11 Page
Objective
Authorising provisions
Principal Regulations
Commencement
Objective
Definitions
Regulation 5 substituted
5 Applications for accreditation
Regulation 6 revoked
How records are to be kept
Part 5 substituted
1 2 2 2 2 2 3 3 4 4 4 PART 5—DRIVER AND VEHICLE RELATED
CONDITIONS
4 12 Driver health and fitness
13 Wheelchair accessible taxi-cab drivers
14 Training in use of equipment in or on a taxi-cab
15 Driver rights and obligations
16 Vehicle condition
New Parts 6 and 7 inserted
4 5 5 6 6 7 PART 6—COMPLAINTS HANDLING
7 17 18 7 19 20 Complaints handling—taxi-cab operators
Complaints handling in respect of taxi-cab operations—
providers of taxi-cab network services
Complaints handling in respect of taxi-cab network
services—providers of taxi-cab network services
Providers of taxi-cab network services must establish
a complaints handling system
7 8 8 PART 7—GLOBAL POSITIONING SYSTEMS
8 21 22 23 9 9 9 Global positioning systems
Global positioning system records to be kept
Global positioning system records to be provided
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Regulation
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12 13 Information to be recorded and kept by taxi-cab operators
Information to be recorded and kept by large primary network
service providers
14 Information to be recorded and kept by intermediate and small
primary network service providers
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10 10 11 12 Authorised Version
STATUTORY RULES 2014
S.R. No. 62/2014
Transport (Compliance and Miscellaneous) Act 1983
Transport (Taxi-cab Industry Accreditation)
Amendment Regulations 2014
The Governor in Council makes the following Regulations:
Dated: 17 June 2014
Responsible Minister:
TERRY MULDER
Minister for Public Transport
YVETTE CARISBROOKE
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Transport (Taxi-cab Industry Accreditation)
Regulations 2007 as a consequence of the
Transport Legislation Amendment (Further
Taxi Reform and Other Matters) Act 2014
including by—
(a) reducing taxi-cab industry accreditation
entry requirements; and
(b) making a range of other minor and technical
changes to improve the regulation and
oversight of taxi-cab services in Victoria.
(c) specifying conditions for taxi-cab operator
accreditation; and
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2 Authorising provisions
These Regulations are made under sections 137E
and 162 of the Transport (Compliance and
Miscellaneous) Act 1983.
3 Principal Regulations
In these Regulations, the Transport (Taxi-cab
Industry Accreditation) Regulations 20071 are
called the Principal Regulations.
4 Commencement
These Regulations come into operation on 30 June
2014.
5 Objective
In regulation 1(a) of the Principal Regulations, for
"safe, reliable and efficient" substitute "safe and
reliable".
6 Definitions
In regulation 4 of the Principal Regulations—
(a) the definitions approved accountant, bailee
driver and business and service standard are
revoked; and
(b) in the definition of taximeter, for "charges."
substitute "charges;"; and
(c) in the note at the foot of the definition of
taximeter, for "the Secretary to the
Department of Transport" substitute
"the Taxi Services Commission"; and
(d) insert the following definitions—
"AS ISO 10002—2006 means the Standard
AS ISO 10002—2006 Customer
Satisfaction—Guidelines for
complaints handling in organizations;
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system data means data relating to the
operation of the global positioning
system, including data about
malfunctions, tampering or attempted
tampering and activation of emergency
warning devices;
Telematics In-Vehicle Unit (IVU)
Functional and Technical
Specification means the Telematics InVehicle Unit (IVU) Functional and
Technical Specification, published by
Transport Certification Australia in
November 2013;
travel data means, in relation to any taxi-cab,
information about the position, speed
and direction of that taxi-cab whenever
that taxi-cab is operating and includes
the date and time that the information is
generated.".
7 Regulation 5 substituted
For regulation 5 of the Principal Regulations
substitute—
"5 Applications for accreditation
For the purposes of section 132(2)(b)(ii) of
the Act, an application must be accompanied
by—
(a) evidence as to whether or not the
applicant, and each relevant person in
relation to the applicant, has been found
guilty of a tier 1 offence, a tier 2
offence or a tier 3 offence; and
(b) in each case where the applicant, or a
relevant person in relation to the
applicant, has been found guilty of a
tier 1 offence, a tier 2 offence or a tier 3
offence—
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(i) a description of the offence; and
(ii) the details of any sentencing order
made on that finding of guilt.".
8 Regulation 6 revoked
Regulation 6 of the Principal Regulations is
revoked.
9 How records are to be kept
In regulation 9 of the Principal Regulations—
(a) for "regulations 6, 7 and 8" substitute
"regulations 7, 8 and 22"; and
(b) after subregulation (c) insert—
"(ca) in the case of a record referred to in
regulation 22, for a period of 3 years
commencing on the date the record was
created; and"; and
(c) for subregulation (d) substitute—
"(d) in the case of a record not referred to in
paragraphs (c) or (ca), for a period of
5 years commencing on the date the
record was created.".
10 Part 5 substituted
For Part 5 of the Principal Regulations
substitute—
"PART 5—DRIVER AND VEHICLE RELATED
CONDITIONS
12 Driver health and fitness
The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must take reasonable steps to verify
that a driver of a taxi-cab operated or
permitted to be operated by that person is of
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sufficient good health and fitness to operate
the taxi-cab.
13 Wheelchair accessible taxi-cab drivers
The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must not operate or permit to be
operated a taxi-cab that is a wheelchair
accessible taxi-cab unless the driver of that
taxi-cab has successfully completed—
(a) any specified course of training
required by the licensing authority
under section 167 of the Act; and
(b) any specified course of training
required to be undertaken under a
condition of the driver accreditation
held by the driver.
Note
See section 169A(2A) of the Act.
14 Training in use of equipment in or on a
taxi-cab
The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must not operate or permit to be
operated a taxi-cab unless the driver of the
taxi-cab has successfully completed—
(a) any specified course of training in the
use of equipment installed in or on the
taxi-cab required by the licensing
authority under section 167 of the Act;
and
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(b) any specified course of training
required to be undertaken under a
condition of the driver accreditation
held by the driver.
Note
See section 169A(2A) of the Act.
15 Driver rights and obligations
The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must take all reasonable steps to
ensure that a driver who operates or is to
operate a taxi-cab operated or permitted to be
operated by the person understands the
driver's rights and obligations in relation to
the taxi-cab and any equipment installed in
or on the taxi-cab.
16 Vehicle condition
The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must take all reasonable steps to
ensure the following in respect of every taxicab operated or permitted to be operated by
that person—
(a) the taxi-cab is in a fit and serviceable
condition at the beginning of every
shift; and
(b) faults in, and damage to, the taxi-cab
(if any) affecting the fitness and
serviceability of the vehicle are
reported to the licensing authority as
soon as practicable; and
(c) the cleanliness of the taxi-cab at the
beginning of every shift.
__________________".
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11 New Parts 6 and 7 inserted
After Part 5 of the Principal Regulations insert—
"PART 6—COMPLAINTS HANDLING
17 Complaints handling—taxi-cab operators
(1) The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must ensure that—
(a) every complaint relating to the
operation of a taxi-cab operated, or
permitted to be operated by that person,
is investigated promptly; and
(b) any action required to adequately
address the complaint is taken
promptly.
(2) Subregulation (1) does not apply if a person
who is accredited as a provider of taxi-cab
network services provides, in accordance
with an arrangement with the person, a
complaints handling system on that person's
behalf in relation to taxi-cabs operated, or
permitted to be operated by that person.
18 Complaints handling in respect of taxi-cab
operations—providers of taxi-cab
network services
(1) This regulation applies if there is an
arrangement in effect between a person who
is accredited as a provider of taxi-cab
network services and a person who is
accredited as a taxi-cab operator (the taxicab operator) that relates to the operation of
taxi-cabs operated or permitted to be
operated by the taxi-cab operator
(the network services arrangement).
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(2) The accreditation of a person as a provider of
taxi-cab network services is subject to the
condition that the person must ensure that—
(a) every complaint relating to the
operation of a taxi-cab to which the
network services arrangement relates is
investigated promptly; and
(b) any action required to adequately
address the complaint is taken
promptly.
19 Complaints handling in respect of taxi-cab
network services—providers of taxi-cab
network services
The accreditation of a person as a provider of
taxi-cab network services is subject to the
condition that the person must ensure that—
(a) every complaint relating to taxi-cab
network services (within the meaning
of Division 4 of Part VI of the Act) the
person provides is investigated
promptly; and
(b) any action required to adequately
address the complaint is taken
promptly.
20 Providers of taxi-cab network services
must establish a complaints handling
system
The accreditation of a person as a provider of
taxi-cab network services is subject to the
condition that the person must, for the
purposes of regulations 18 and 19, establish,
implement and maintain a complaints
handling system that is consistent with
AS ISO 10002—2006.
__________________
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PART 7—GLOBAL POSITIONING SYSTEMS
21 Global positioning systems
The operator of a taxi-cab must not operate
the taxi-cab or permit the taxi-cab to be
operated under licences in which the
Melbourne Metropolitan Zone is specified
and which are held by or assigned to the
operator unless the taxi-cab is fitted with a
functioning global positioning system that
meets the Telematics In-Vehicle Unit (IVU)
Functional and Technical Specification.
Penalty: 20 penalty units.
22 Global positioning system records to be
kept
The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person keep records, or arrange for records
to be kept, in accordance with regulation 9,
of system data and travel data in relation to
taxi-cabs operated or permitted to be
operated under licences in which the
Melbourne Metropolitan Zone is specified.
23 Global positioning system records to be
provided
(1) The licensing authority, by written notice,
may direct a taxi-cab operator or, where
another person is permitted to operate a taxicab, that person, to provide to the licensing
authority any record referred to in
regulation 22.
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(2) A person given a direction under
subregulation (1) must comply with the
direction without delay unless the person has
a reasonable excuse.
Penalty: 10 penalty units.
__________________".
12 Information to be recorded and kept by taxi-cab
operators
In Schedule 1 to the Principal Regulations—
(a) for item 1(h) substitute—
"(h) the contents of all driver agreements
entered into by the taxi-cab operator;
and";
(b) for item 1(i) substitute—
"(i) the results of all inspections of the taxicab conducted by or on behalf of the
operator; and";
(c) for item 1(l) substitute—
"(l) details of all steps taken by the operator
to meet the requirements of Part 5 of
these Regulations.";
(d) items 1(m) and 1(n) are revoked.
13 Information to be recorded and kept by large
primary network service providers
In Schedule 2 to the Principal Regulations—
(a) in item 5, omit ", or as required in order to
meet a business and service standard
applicable to the provider's accreditation";
(b) in item 6, for "in order to meet a business
and service standard applicable to the
provider's accreditation" substitute
"by Part 7 of these Regulations—";
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(c) in item 7, for "meet the requirements (if any)
of a business and service standard applicable
to the provider's accreditation in relation to
the training of" substitute "train".
14 Information to be recorded and kept by
intermediate and small primary network service
providers
In Schedule 3 to the Principal Regulations, in
item 7, for "meet the requirements (if any) of a
business and service standard applicable to the
provider's accreditation in relation to the training
of" substitute "train".
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Endnotes
S.R. No. 62/2014
ENDNOTES
1
Reg. 3: S.R. No. 149/2007. Reprint No. 1 as at 7 August 2013. Reprinted to
S.R. No. 111/2012.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of regulation 5 of the Subordinate Legislation
Regulations 2004.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 20
Standard AS ISO 10002—
2006 Customer
Satisfaction—Guidelines for
complaints handling in
organizations (ISO
10002.2004, MOD
incorporating Amendment
No. 1), published by
Standards Australia on 5 April
2006
The whole
Regulation 21
Telematics In-Vehicle Unit
(IVU) Functional and
Technical Specification,
published by Transport
Certification Australia in
November 2013
The whole
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