Transport (Taxi-Cabs) Amendment Regulations
2014
S.R. No. 63/2014
TABLE OF PROVISIONS
Regulation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Page
Objective
Authorising provisions
Commencement
Principal Regulations
Authorising provisions
Definitions
Prescribed class of person to give medical certificate
Photo display for taxi-cab drivers
Records
Signs, symbols, notices, labels and fittings
New regulation 23A inserted
23A
Information about maximum fares or hiring rates
Livery
Passenger routes
New regulation 29A
29A
Destination signs
Regulation 31 substituted
31
Driver's appearance
Regulation 32 revoked
Regulation 33 substituted
33
Animals
Taxi zones
Operation of taximeters
New regulation 45A inserted
45A
Prescribed information—notices of maximum fares or
hiring rates
New regulation 47A inserted
47A
Identity cards for taxi compliance officers
New Part 5A inserted
9
10
10
10
PART 5A—TAXI NON-CASH PAYMENT SURCHARGES
10
47B
10
Records to be kept of non-cash payment surcharges
═══════════════
ENDNOTES
1
2
2
2
2
2
3
3
3
3
4
4
4
5
5
5
6
6
6
6
6
7
8
9
14
i
STATUTORY RULES 2014
S.R. No. 63/2014
Transport (Compliance and Miscellaneous) Act 1983
Transport (Taxi-Cabs) 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-Cabs) Regulations 2005 as a
consequence of the Transport Legislation
Amendment (Foundation Taxi and Hire Car
Reforms) Act 2013 and the Transport
Legislation Amendment (Further Taxi
Reforms and Other Matters) Act 2014
including by—
(a) prescribing information requirements where
taxi-cab operators in the Regional Zone or
the Country Zone determine their own
maximum fares or hiring rates; and
(b) specifying records to be kept in respect of
taxi non-cash payment surcharges; and
1
Transport (Taxi-Cabs) Amendment Regulations 2014
r. 2
S.R. No. 63/2014
(c) making other minor and technical changes to
improve the regulation and oversight of taxicab services in Victoria.
2 Authorising provisions
These Regulations are made under sections 162
and 228RZI of the Transport (Compliance and
Miscellaneous) Act 1983.
3 Commencement
(1) Regulation 9 comes into operation on the later
of—
(a) 30 June 2014; or
(b) the date on which section 278 of the
Victoria Police Act 2013 comes into
operation.
(2) The remaining provisions of these Regulations
come into operation on 30 June 2014.
4 Principal Regulations
In these Regulations, the Transport (Taxi-Cabs)
Regulations 20051 are called the Principal
Regulations.
5 Authorising provisions
In regulation 2 of the Principal Regulations, after
"162," insert "228RZI,".
6 Definitions
(1) In regulation 3(1) of the Principal Regulations—
(a) the definition of approved arrangements is
revoked;
(b) in the definition of licensed taxi tester for
"Part 6 of the Road Safety (Vehicles)
Regulations 1999" substitute "Chapter 6 of
the Road Safety (Vehicles) Regulations
2009";
2
Transport (Taxi-Cabs) Amendment Regulations 2014
S.R. No. 63/2014
(c) in the definition of licensed vehicle tester for
"Part 6 of the Road Safety (Vehicles)
Regulations 1999" substitute "Chapter 6 of
the Road Safety (Vehicles) Regulations
2009";
(d) in the definition of taxi zone for "Road
Safety Act 1986" substitute "Road Safety
Road Rules 2009".
(2) Regulation 3(3) of the Principal Regulations is
revoked.
7 Prescribed class of person to give medical certificate
In regulation 4 of the Principal Regulations, for
"Health Professions Registration Act 2005."
substitute "Health Practitioner Regulation
National Law.".
8 Photo display for taxi-cab drivers
At the foot of regulation 6(2) of the Principal
Regulations insert—
"Note
The licensing authority is defined in section 2(1) of the
Transport (Compliance and Miscellaneous) Act 1983 to
mean the Taxi Services Commission.".
9 Records
(1) In regulation 11(1) and (2) of the Principal
Regulations, for "member of the police force"
substitute "police officer".
(2) In regulation 11(1)(a) and (b) of the Principal
Regulations, for "the member" (wherever
occuring) substitute "the officer".
10 Signs, symbols, notices, labels and fittings
In regulation 23(4) of the Principal Regulations,
after "matter or thing" insert "(other than a notice
referred to in regulation 23A(2))".
3
r. 7
Transport (Taxi-Cabs) Amendment Regulations 2014
r. 11
S.R. No. 63/2014
11 New regulation 23A inserted
After regulation 23 of the Principal Regulations
insert—
"23A Information about maximum fares or
hiring rates
(1) For the purposes of section 162EC of the
Act, the prescribed standard for information
about the maximum fares or hiring rates
chargeable in respect of the taxi-cab is that
the fares and rates are displayed inclusive of
GST.
(2) The operator of a taxi-cab operated under a
licence in which the Regional or the Country
Zone is specified must not operate the taxicab, or permit the taxi-cab to be operated,
unless information about the maximum fares
or hiring rates chargeable in respect of the
taxi-cab is shown on—
(a) a notice that is fixed to the outside of
the taxi-cab so as to be clearly visible
from the left side of the taxi-cab; and
(b) notices fixed on the inside of the
vehicle so that the information is able
to be clearly read from each seating
position in the taxi-cab.
Penalty: 20 penalty units."
12 Livery
For regulation 24(1) of the Principal Regulations
substitute—
"(1) The operator of a taxi-cab must not operate
the taxi-cab or permit the taxi-cab to be
operated unless there is displayed on the
outside of the taxi-cab, so as to be clearly
visible, the name, telephone number and
trade mark or trade name of—
4
Transport (Taxi-Cabs) Amendment Regulations 2014
S.R. No. 63/2014
(a) the operator; or
(b) a taxi-cab network service provider
with whom the operator has an
arrangement for the provision of taxicab network services.
Penalty: 10 penalty units.".
13 Passenger routes
In regulation 29(1) and (2) of the Principal
Regulations, for "36(1) or 41(7)" substitute
"29A, 36(1) or 41(7)".
14 New regulation 29A
After regulation 29 of the Principal Regulations
insert—
'29A Destination signs
The driver of a taxi-cab may refuse to carry a
person in the taxi-cab if—
(a) a sign showing the word "Destination"
and the name of a suburb is attached to
the taxi-cab so as to be clearly visible;
and
(b) the place where the person wants to be
taken to is—
(i) outside a 5 kilometre radius of the
suburb shown on the sign; or
(ii) more than 5 kilometres either side
of the most direct, practicable
route between the hiring point and
the suburb shown on the sign.'.
5
r. 13
Transport (Taxi-Cabs) Amendment Regulations 2014
r. 15
S.R. No. 63/2014
15 Regulation 31 substituted
For regulation 31 of the Principal Regulations
substitute—
"31 Driver's appearance
(1) While operating a taxi-cab, the driver of the
taxi-cab must wear a uniform which
conforms to a design approved by a relevant
person.
Penalty: 5 penalty units.
(2) For the purposes of this regulation, a relevant
person is—
(a) the operator of the taxi-cab; or
(b) if the operator has entered into an
arrangement with a person accredited to
provide taxi-cab network services for
the receipt and dispatch of bookings or
orders for the hiring of that taxi-cab,
that person.".
16 Regulation 32 revoked
Regulation 32 of the Principal Regulations is
revoked.
17 Regulation 33 substituted
For regulation 33 of the Principal Regulations
substitute—
"33 Animals
(1) The driver of a taxi-cab must not bring or
allow to be brought into the passenger area
of the taxi-cab an animal unless the animal is
an assistance animal or—
(a) the animal is accompanied by a hirer of
the taxi-cab; and
6
Transport (Taxi-Cabs) Amendment Regulations 2014
S.R. No. 63/2014
(b) the hirer tells the driver of the taxi-cab
that—
(i) the hirer's intended destination is
the place of business of a
veterinary practitioner; and
(ii) the animal requires emergency
medical treatment.
Penalty: 10 penalty units.
(2) The driver of a taxi-cab must accept an
assistance animal for carriage in the taxi-cab
with a hirer.
Penalty: 10 penalty units.
(3) In this regulation—
assistance animal means—
(a) a guide dog of a sight or hearing
impaired person; or
(b) an animal of a type which may be
taken on public transport in
accordance with conditions
determined under section 220D(1)
of the Act.".
18 Taxi zones
(1) Regulation 38(5), (6) and (7) of the Principal
Regulations are revoked.
(2) At the foot of regulation 38 of the Principal
Regulations insert—
"Notes
1
These Regulations do not prevent an intending hirer at
a taxi zone from choosing a taxi-cab that is not first in
line at the zone.
7
r. 18
Transport (Taxi-Cabs) Amendment Regulations 2014
r. 19
S.R. No. 63/2014
2
Regulation 29(1) requires the driver of a taxi-cab to
take a passenger who is attempting to hire the taxi-cab
at any time when it is available for hire, subject to
certain exceptions. This applies regardless of the
position of the taxi-cab in the taxi zone.".
19 Operation of taximeters
After regulation 45(4) of the Principal Regulations
insert—
"(4A) A driver who has started the taximeter in
accordance with subregulation (4) must
ensure that the taximeter is paused while the
driver is carrying out activities for which a
wheelchair lifting subsidy is payable.
Penalty: 10 penalty units.
(4B) For the purposes of subregulation (4A), a
wheelchair lifting subsidy is an amount that
the licensing authority has undertaken to pay
to a driver—
(a) for loading a passenger into, or
unloading a passenger from, a
wheelchair accessible taxi-cab (within
the meaning of section 147A(2C)(b) of
the Act); and
(b) for loading a wheelchair into, or
unloading a wheelchair from, the boot
of a taxi-cab that—
(i) is a sedan or station wagon; and
(ii) is operated under a licence in
which the Regional or Country
Zone is specified.".
8
Transport (Taxi-Cabs) Amendment Regulations 2014
S.R. No. 63/2014
20 New regulation 45A inserted
After regulation 45 of the Principal Regulations
insert—
"45A Prescribed information—notices of
maximum fares or hiring rates
(1) For the purposes of section 162EA(2)(a) of
the Act, the prescribed information relating
to the maximum fares or hiring rates to be
charged in respect of a taxi-cab is—
(a) the information specified in
subregulation (2) in relation to the taxicab; and
(b) if the notice containing the information
is to be submitted by a person
accredited to provide taxi-cab network
services—a statement that the operator
of the taxi-cab has authorised that
person to submit the notice.
(2) For the purposes of subregulation (1)(a) the
following information is specified—
(a) the name and accreditation number of
the operator of the taxi-cab; and
(b) the name, business address, telephone
number, email address and
accreditation number of the person
submitting the notice containing the
information; and
(c) the zones specified in licences held by
or assigned to the operator of the taxicab; and
(d) the 4 digit taxi-cab registration number
of the taxi-cab; and
(e) the maximum fares or hiring rates to be
charged in respect of the taxi-cab; and
9
r. 20
Transport (Taxi-Cabs) Amendment Regulations 2014
r. 21
S.R. No. 63/2014
(f) the date from which the fares or hiring
rates will be charged; and
(g) details of any amounts that are to be
charged in addition to the maximum
fares or hiring rates.
Note
The fares and hiring rates to which the notices relate are set in
accordance with Division 5AB of the Act.".
21 New regulation 47A inserted
After regulation 47 of the Principal Regulations
insert—
"47A Identity cards for taxi compliance officers
For the purposes of section 228RD(2)(c) of
the Act, the prescribed matter that must be
included in an identity card issued to a taxi
compliance officer is the taxi compliance
officer's authorisation number or badge
number.".
22 New Part 5A inserted
After Part 5 of the Principal Regulations insert—
"PART 5A—TAXI NON-CASH PAYMENT
SURCHARGES
47B Records to be kept of non-cash payment
surcharges
(1) This regulation applies to a person who
provides a non-cash payment processing
service (as defined by section 228RA of the
Act) (the relevant service) that facilitates the
processing of a taxi non-cash payment
transaction that is a payment of an amount
that includes a taxi non-cash payment
surcharge (a relevant transaction).
10
Transport (Taxi-Cabs) Amendment Regulations 2014
S.R. No. 63/2014
(2) The person must keep records sufficient to
identify—
(a) in respect of each relevant
transaction—
(i) the amount of the taxi non-cash
payment surcharge; and
(ii) the amount that would have been
payable by the hirer in respect of
the hiring to which the transaction
relates if that hiring had been paid
for in cash; and
(iii) the date on which the transaction
was processed; and
(b) in respect of each day on which the
relevant service facilitated the
processing of a relevant transaction—
(i) the total amount of the taxi noncash payment surcharges that were
added to the relevant transactions
on that day; and
(ii) the total amount that would have
been payable by the hirers in
respect of the hirings to which the
relevant transactions on that day
relate if those hirings had been
paid for in cash; and
(c) in respect of each non-cash payment
processing device (as defined by
section 228RA of the Act) supplied by
the person, or used to process a relevant
transaction—
(i) if the device is programmed to add
a taxi non-cash payment surcharge
that is a fixed amount—that
amount; and
11
r. 22
Transport (Taxi-Cabs) Amendment Regulations 2014
r. 22
S.R. No. 63/2014
(ii) if the device is programmed to add
a taxi non-cash payment surcharge
that is not a fixed amount—the
basis on which the amount of the
surcharge is determined; and
(iii) each day on which the
programming of the device is set
or changed—
(A) to make the device add a taxi
non-cash payment surcharge;
or
(B) to change the amount the
device adds as a taxi noncash payment surcharge; and
(iv) each taxi-cab in relation to which
the device is used; and
(v) the periods during which the
device is used in relation to a
particular taxi-cab; and
(vi) if the device is supplied by the
person—
(A) each operator or driver to
whom the person supplies
the device; and
(B) the period during which the
person supplies the device to
a particular operator or
driver.
12
Transport (Taxi-Cabs) Amendment Regulations 2014
S.R. No. 63/2014
(3) The person must keep the records for a
period of 5 years.
Note
The Electronic Transactions (Victoria) Act 2000 provides that a
requirement to keep written records is taken to have been met if
the person records information in electronic form.".
═══════════════
13
r. 22
Transport (Taxi-Cabs) Amendment Regulations 2014
Endnotes
S.R. No. 63/2014
ENDNOTES
1
Reg. 4: S.R. No. 67/2005. Reprint No. 1 as at 1 October 2008. Reprinted to
S.R. No. 74/2008. Subsequently amended by S.R. Nos 149/2007,
90/2010, 74/2011 and 106/2011.
14