Version No. 019
Transport (Buses, Taxi-Cabs and Other
Commercial Passenger Vehicles) Regulations
2005
S.R. No. 67/2005
Version incorporating amendments as at
23 June 2015
TABLE OF PROVISIONS
Regulation
Page
Part 1—Preliminary matters
1
2
3
1
Objectives
Authorising provisions
Definitions
1
2
2
Part 2—Driver accreditation, photo cards, licences and records
7
Division 1—Driver accreditation
7
3A
4
5
Application of this Division
Prescribed class of person to give medical certificate
Test of acuteness of vision
Division 1A—Photo cards for taxi-cab drivers
6
7
8
Photo display for taxi-cab drivers
Licensing authority may issue driver's photo card
Driver's photo to be displayed in taxi-cab
Division 2—Licences
10
7
7
7
8
8
9
9
10
Commercial passenger vehicle licences
Division 3—Records
10
11
11
Records
11A Record keeping—non-taxi commercial passenger vehicles
11
12
Part 3—Vehicles
14
Division 1—Taxi-cabs
14
12
14
15
16
Taxi-cab specifications
Emergency warning devices
Security cameras
Protective screens
14
15
15
16
i
Regulation
18
19
20
21
22
Page
Air conditioner
Inspection of taxi-cabs
Notice to rectify defects
Evidence of inspection
Interference with equipment in or on taxi-cab
Division 2—Non-taxi commercial passenger vehicles
22A
22B
22C
22D
Application of this Division
Number plates, signs, symbols, notices and labels
Inspection of commercial passenger vehicle
Damaged vehicle not to be used until safe
Division 3—Non-taxi commercial passenger drivers
22E Driver must not consume alcohol
Part 4—Livery, lamps, signs etc.
23
23A
24
25
26
16
17
18
19
20
20
20
20
21
23
23
23
24
Signs, symbols, notices, labels and fittings
Information about maximum fares or hiring rates
Livery
Sign on taxi-cab
Tariff lamps
24
24
25
26
27
Part 5—Vehicle operations
29
Division 2—Driver responsibilities
29
29
29A
30
31
33
34
35
36
37
38
Passenger routes
Destination signs
Driver to remain with taxi-cab
Driver's appearance
Animals
Passenger amenities
Picking up and setting down passengers
Passenger behaviour
Passenger assistance
Taxi zones
Division 3—Fares, charges and taximeters
39
40
41
43
44
45
45A
Fares and additional charges
Multiple hirings
Capacity to pay
Payment of fares and additional charges
Taximeters
Operation of taximeters
Prescribed information—notices of maximum fares or hiring
rates
ii
29
30
30
31
31
32
33
33
34
34
35
35
36
36
38
40
43
45
Regulation
Page
Division 4—General
46
46
Smoking prohibited in taxi-cabs
46A No drinking liquor or possessing open liquor containers
47A Identity cards for taxi compliance officers
Part 5A—Taxi non-cash payment surcharges
47B Records to be kept of non-cash payment surcharges
Part 5B—Trading in taxi-cab licences
47C Authorisation to trade in taxi-cab licences
Part 6—Transitional provisions—Transport (Compliance and
Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011
48
49
50
51
Definition
Regulatory instruments
Approval to fit a security camera to a taxi-cab
Approval of uniform design
Part 7—Transitional provisions—Transport (Taxi-Cabs) and
(Taxi-Cab licences—Market and Trading) Amendment
Regulations 2014
52
53
54
55
56
Definition
When this Part takes effect
Regulatory instruments
Approval to fit a security camera to a taxi-cab
Approval of uniform design
__________________
46
46
47
48
48
51
51
52
52
52
55
56
57
57
57
57
60
61
Schedules
62
Schedule 1—Test of acuteness of vision
62
═══════════════
Endnotes
64
1
General information
64
2
Table of Amendments
65
3
Amendments Not in Operation
66
4
Explanatory details
67
iii
Version No. 019
Transport (Buses, Taxi-Cabs and Other
Commercial Passenger Vehicles) Regulations
2005
S.R. No. 67/2005
Version incorporating amendments as at
23 June 2015
PART 1—PRELIMINARY MATTERS
1 Objectives
The objectives of these Regulations are to
prescribe measures intended to enhance passenger
and driver safety and the reliability and quality of
commercial passenger vehicles and bus services,
including requirements for or in relation to—
(a) driver accreditation, conduct and
presentation;
(ab) the inspection of commercial passenger
vehicles;
(b) taxi-cab equipment, appearance and
operation;
(c) hirings, the charging and payment of fares
and charges and the operation of taximeters;
(d) the conduct of passengers.
1
Reg. 1
amended by
S.R. No.
49/2015
reg. 6(a).
Reg. 1(a)
amended by
S.R. No.
69/2007 reg. 5.
Reg. 1(ab)
inserted by
S.R. No.
49/2015
reg. 6(b).
Reg. 1(b)
amended by
S.R. No.
49/2015
reg. 6(c).
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 1—Preliminary matters
Reg. 2
amended by
S.R. Nos
74/2011
reg. 11,
106/2011
reg. 9, 65/2014
reg. 6, 63/2014
reg. 5, 49/2015
reg. 7.
2 Authorising provisions
These Regulations are made under sections 137E,
162, 228RZI and 256 of the Transport
(Compliance and Miscellaneous) Act 1983.
3 Definitions
(1) In these Regulations—
Reg. 3(1)
def. of
Act
amended by
S.R. No.
106/2011
reg. 10,
revoked by
S.R. No.
49/2015
reg. 8(a).
*
*
*
*
*
Reg. 3(1)
def. of
approved
arrangements
inserted by
S.R. No.
149/2007
reg. 12,
amended by
S.R. No.
74/2011
reg. 12,
revoked by
S.R. No.
63/2014
reg. 6(1)(a).
*
*
*
*
*
Reg. 3(1)
def. of drive
substituted by
S.R. No.
49/2015
reg. 8(c).
drive means—
(a) to be in control of a commercial
passenger vehicle; or
(b) in relation to a bus used to provide a
commercial bus service, a commercial
minibus service or a local bus service,
to be in control of that bus;
2
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 1—Preliminary matters
driver, in relation to a commercial passenger
vehicle, means any person who drives a
commercial passenger vehicle;
*
*
*
*
Reg. 3(1)
def. of driver
substituted by
S.R. No.
49/2015
reg. 8(d).
*
Reg. 3(1)
def. of
driver's
certificate
revoked by
S.R. No.
69/2007
reg. 6(a).
driver's photo card means a card issued to the
holder of a taxi-cab driver accreditation
under regulation 7;
Reg. 3(1)
def. of
driver's photo
card
substituted by
S.R. No.
69/2007
reg. 6(c).
externally-administered body corporate has the
same meaning as in the Corporations Act;
Reg. 3(1)
def. of
externallyadministered
body
corporate
inserted by
S.R. No.
49/2015
reg. 8(b).
hirer in relation to a taxi-cab, includes a person
who is attempting to hire the taxi-cab;
Reg. 3(1)
def. of
hirer
inserted by
S.R. No.
74/2008
reg. 5(1).
3
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 1—Preliminary matters
Reg. 3(1)
def. of
licence
amended by
S.R. No.
69/2007
reg. 6(b),
substituted by
S.R. No.
49/2015
reg. 8(e).
licence, except in Division 3 of Part 2, Division 1
of Part 3 and Part 5B, means a commercial
passenger vehicle licence granted under
Part VI of the Act;
licence holder means the holder of a licence;
Reg. 3(1)
def. of
licensed taxi
tester
amended by
S.R. No.
63/2014
reg. 6(1)(b).
licensed taxi tester means a licensed vehicle tester
who is licensed under Chapter 6 of the Road
Safety (Vehicles) Regulations 2009 to
examine and test taxi-cabs;
Reg. 3(1)
def. of
licensed
vehicle tester
amended by
S.R. No.
63/2014
reg. 6(1)(c).
licensed vehicle tester means a person who is
licensed under Chapter 6 of the Road Safety
(Vehicles) Regulations 2009 to examine and
test light vehicles within the meaning of
those Regulations;
Reg. 3(1)
def. of
operate
revoked by
S.R. No.
69/2007
reg. 6(a).
*
*
*
*
*
Reg. 3(1)
def. of
operator
revoked by
S.R. No.
69/2007
reg. 6(a).
*
*
*
*
*
4
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 1—Preliminary matters
*
*
*
*
*
*
*
*
*
*
Reg. 3(1)
def. of
registered
medical
practitioner
revoked by
S.R. No.
69/2007
reg. 6(a).
Reg. 3(1)
def. of
registered
optometrist
revoked by
S.R. No.
69/2007
reg. 6(a).
taxi-cab driver accreditation means driver
accreditation accrediting a person to drive a
taxi-cab;
Reg. 3(1)
def. of
taxi-cab driver
accreditation
inserted by
S.R. No.
69/2007
reg. 6(d).
taximeter means a mechanical, electrical or
electronic instrument approved by the
licensing authority which records and
displays information about taxi-cab fares and
hiring charges;
Reg. 3(1)
def. of
taximeter
amended by
S.R. No.
69/2007
reg. 6(b).
taxi zone means a length of highway designated
as a taxi zone under the Road Safety Road
Rules 2009;
Reg. 3(1)
def. of taxi
zone
amended by
S.R. No.
63/2014
reg. 6(1)(d).
termination in relation to the hiring of a taxi-cab,
means the time when the hiring ends for any
reason including because—
Reg. 3(1)
def. of
termination
amended by
S.R. Nos
74/2008
reg. 5(2),
49/2015
reg. 8(f).
(a) the agreed destination for the hiring has
been reached; or
5
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 1—Preliminary matters
(b) the hirer has requested the termination
before the agreed destination for the
hiring has been reached; or
(c) the driver of the taxi-cab has refused in
accordance with regulation 36(1)
or 41(7) to continue to carry the hirer or
a person accompanying the hirer;
Reg. 3(1)
def. of the Act
inserted by
S.R. No.
49/2015
reg. 8(b).
the Act means the Transport (Compliance and
Miscellaneous) Act 1983.
(2) In these Regulations, a reference to a condition of
a licence includes a reference to a condition
attaching to a licence.
Reg. 3(3)
revoked by
S.R. No.
63/2014
reg. 6(2).
*
*
*
__________________
6
*
*
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 2—Driver accreditation, photo cards, licences and records
PART 2—DRIVER ACCREDITATION, PHOTO CARDS,
LICENCES AND RECORDS
Division 1—Driver accreditation
3A Application of this Division
This Division applies to an applicant for, or holder
of, a driver accreditation under Part VI of the Act.
4 Prescribed class of person to give medical certificate
For the purposes of section 167(2)(a) of the Act, a
prescribed class of person is a registered medical
practitioner within the meaning of the Health
Practitioner Regulation National Law.
5 Test of acuteness of vision
For the purposes of section 167(2)(b) of the Act,
the prescribed vision acuteness test is the test set
out in Schedule 1.
Note
It is an offence under Part VI of the Act for a person to drive a
commercial passenger vehicle or a bus used to provide certain bus
services unless that person holds a driver accreditation.
7
Pt 2 (Heading)
substituted by
S.R. No.
69/2007 reg. 7,
amended by
S.R. No.
149/2007
reg. 14(1).
Pt 2 Div 1
(Heading and
regs 4–9)
substituted by
S.R. No.
69/2007 reg. 8.
Reg. 3A
inserted by
S.R. No.
49/2015 reg. 9.
Reg. 4
substituted by
S.R. No.
69/2007 reg. 8,
amended by
S.R. No.
63/2014 reg. 7.
Reg. 5
substituted by
S.R. No.
69/2007 reg. 8.
Note to reg. 5
inserted by
S.R. No.
49/2015
reg. 10.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 2—Driver accreditation, photo cards, licences and records
Pt 2 Div. 1A
(Heading)
inserted by
S.R. No.
49/2015
reg. 11.
Reg. 6
substituted by
S.R. No.
69/2007 reg. 8.
Reg. 6(1)
amended by
S.R. No.
74/2011
reg. 13.
Division 1A—Photo cards for taxi-cab drivers
6 Photo display for taxi-cab drivers
(1) The licensing authority may require the holder of
a taxi-cab driver accreditation—
Reg. 6(1)(a)
amended by
S.R. No.
74/2011
reg. 13.
(a) to be photographed or have a digitised image
of himself or herself made, at a place and in
a manner specified by the licensing
authority; and
Reg. 6(1)(b)
amended by
S.R. Nos
74/2011
reg. 13,
49/2015
reg. 12(1).
(b) to give the licensing authority 3 recent colour
passport size photographs of the applicant
showing his or her head and full face only.
Reg. 6(1)(c)
amended by
S.R. No.
74/2011
reg. 13,
revoked by
S.R. No.
49/2015
reg. 12(2).
*
*
*
8
*
*
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 2—Driver accreditation, photo cards, licences and records
(2) The holder of a taxi-cab driver accreditation
must comply with a requirement under
subregulation (1).
Penalty: 5 penalty units.
Note
The licensing authority is defined in section 2(1) of the
Transport (Compliance and Miscellaneous) Act 1983 to
mean the Taxi Services Commission.
7 Licensing authority may issue driver's photo card
The licensing authority may issue a card to the
holder of a taxi-cab driver accreditation which
includes—
(a) a photograph or digitised image of the holder
obtained by the licensing authority under
regulation 6 or under section 167(2) of the
Act; and
Note to
reg. 6(2)
inserted by
S.R. No.
63/2014 reg. 8.
Reg. 7
(Heading)
amended by
S.R. No.
74/2011
reg. 14(1).
Reg. 7
substituted by
S.R. No.
69/2007 reg. 8,
amended by
S.R. No.
74/2011
reg. 14(2).
Reg. 7(a)
amended by
S.R. No.
74/2011
reg. 14(2).
(b) the number of the certificate of accreditation
issued under section 169D of the Act; and
(c) the date on which the accreditation expires.
8 Driver's photo to be displayed in taxi-cab
The holder of a taxi-cab driver accreditation, who
has been issued with a driver's photo card, must
display the photo card in the taxi-cab the holder is
driving, in a position approved by the licensing
authority for the type of vehicle being driven.
Penalty: 5 penalty units.
9
Reg. 8
substituted by
S.R. No.
69/2007 reg. 8,
amended by
S.R. No.
74/2011
reg. 15.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 2—Driver accreditation, photo cards, licences and records
Reg. 9
revoked by
S.R. No.
69/2007 reg. 8.
*
*
*
*
*
Division 2—Licences
Reg. 10
(Heading)
amended by
S.R. No.
49/2015
reg. 13(1).
Reg. 10(1)
revoked by
S.R. No.
49/2015
reg. 13(2).
10 Commercial passenger vehicle licences
*
*
*
*
*
(2) A licence holder must return the licence to the
licensing authority within 7 days if—
(a) the licensing authority notifies the licence
holder in writing that the licence is
suspended, cancelled or revoked; or
Reg. 10(2)(ab)
inserted by
S.R. No.
149/2007
reg. 13,
amended by
S.R. No.
49/2015
reg. 13(3).
Reg. 10(2)(b)
revoked by
S.R. No.
49/2015
reg. 13(4).
(ab) the licence is suspended or revoked by force
of section 156A of the Act.
*
*
*
*
*
Penalty: 10 penalty units.
(3) The licensing authority may issue a duplicate
licence if it is satisfied that the licence is altered,
defaced or illegible or that it has been lost, stolen
or destroyed.
10
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 2—Driver accreditation, photo cards, licences and records
Division 3—Records
Pt 2 Div. 3
(Heading)
substituted by
S.R. No.
149/2007
reg. 14(2).
Reg. 11
substituted by
S.R. No.
149/2007
reg. 14(3).
11 Records
(1) A police officer may request an operator of a taxicab to—
Reg. 11(1)
amended by
S.R. No.
63/2014
reg. 9(1).
(a) make available a specified record to the
officer for inspection by the officer; or
Reg. 11(1)(a)
amended by
S.R. No.
63/2014
reg. 9(2).
(b) give the officer, within a period specified by
the officer, an accurate copy of a specified
record.
Reg. 11(1)(b)
amended by
S.R. No.
63/2014
reg. 9(2).
(2) A period of time specified by a police officer
under subregulation (1)(b) must be reasonable.
(3) An operator of a taxi-cab must without
delay comply with a request under
subregulation (1)(a).
Penalty: 10 penalty units.
(4) An operator of a taxi-cab must comply with a
request under subregulation (1)(b).
Penalty: 10 penalty units.
(5) In this regulation—
specified record means a record of information
described in items 1(a) and (g) of Schedule 1
to the Transport (Taxi-cab Industry
Accreditation) Regulations 2007 that the
11
Reg. 11(2)
amended by
S.R. No.
63/2014
reg. 9(1).
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 2—Driver accreditation, photo cards, licences and records
operator is required to keep under
regulation 7 of those Regulations.
Reg. 11A
inserted by
S.R. No.
49/2015
reg. 14.
11A Record keeping—non-taxi commercial passenger
vehicles
(1) This regulation applies to a commercial passenger
vehicle licence granted under Part VI of the Act
other than a taxi-cab licence.
(2) A licence holder to whom this regulation applies
must keep an up to date record of the name,
address, driver licence number and driver
accreditation number of every driver of the
vehicle under the licence.
Penalty: 10 penalty units.
(3) A licence holder to whom this regulation
applies must keep the records referred to in
subregulation (1) at an address approved by the
licensing authority.
Penalty: 10 penalty units.
(4) A licence holder to whom this regulation
applies must keep the records referred to in
subregulation (1) for a period of at least 3 years
from the date the last entries in the records were
made.
Penalty: 10 penalty units.
(5) A licence holder to whom this regulation
applies must keep the records referred to in
subregulation (1) in the English language.
Penalty: 5 penalty units.
(6) On demand by the licensing authority or a person
approved by the licensing authority, a licence
holder to whom this regulation applies must make
the records referred to in subregulation (1)
available for inspection.
Penalty: 10 penalty units.
12
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 2—Driver accreditation, photo cards, licences and records
(7) If requested by the licensing authority or a person
approved by the licensing authority, a licence
holder must give an accurate copy of any part or
all of the records to the authority or person
making the request within the time specified in the
request.
Penalty: 10 penalty units.
__________________
13
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
PART 3—VEHICLES
Pt 3 Div. 1
(Heading)
inserted by
S.R. No.
49/2015
reg. 15.
Division 1—Taxi-cabs
12 Taxi-cab specifications
(1) The licensing authority may determine and
publish in the Government Gazette specifications
for all taxi-cabs, or a class of taxi-cabs, with
which a taxi-cab, or a taxi-cab of that class, must
comply.
(2) The operator of a taxi-cab must not operate the
taxi-cab, or permit the taxi-cab to be operated,
unless the taxi-cab complies with all
specifications under subregulation (1) which are
applicable to the taxi-cab.
Penalty: 20 penalty units.
(3) The licensing authority may exempt a taxi-cab
from complying with any specification under
subregulation (1) that would otherwise be
applicable to the taxi-cab if, in the opinion of the
licensing authority, the specification is
inappropriate to the nature or construction of the
taxi-cab or to the circumstances in which the taxicab is licensed to operate.
Reg. 13
amended by
S.R. No.
74/2008 reg. 6,
revoked by
S.R. No.
49/2015
reg. 16.
*
*
*
*
*
Reg. 13A
inserted by
S.R. No.
74/2008 reg. 7,
revoked by
S.R. No.
49/2015
reg. 16.
*
*
*
*
*
14
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
14 Emergency warning devices
(1) The operator of a taxi-cab must not operate the
taxi-cab, or permit the taxi-cab to be operated,
unless the taxi-cab is fitted with an emergency
warning device approved by the licensing
authority which complies with subregulation (2).
Penalty: 10 penalty units.
(2) An emergency warning device referred to in
subregulation (1) must have an activating switch
readily accessible by the driver of the taxi-cab
when the driver is seated in his or her normal
driving position.
(3) In addition to an emergency warning device fitted
in accordance with subregulation (1), the operator
of a taxi-cab may fit, or cause to be fitted, to the
taxi-cab other emergency warning devices
approved by the licensing authority.
(4) The operator must fit, or cause to be fitted, any
additional emergency warning device in a manner
approved by the licensing authority.
Penalty: 10 penalty units.
15 Security cameras
(1) The operator of a taxi-cab to which this regulation
applies must not operate the taxi-cab, or permit
the taxi-cab to be operated, unless a security
camera approved by the licensing authority is
fitted to the taxi-cab in a manner approved by the
licensing authority, and is maintained in good
working order.
Penalty: 20 penalty units.
15
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
(2) The driver of a taxi-cab to which this regulation
applies must not operate the taxi-cab unless the
camera referred to in subregulation (1) is
operating.
Penalty: 20 penalty units.
Reg. 15(3)
substituted by
S.R. No.
49/2015
reg. 17(1).
Reg. 15(4)
revoked by
S.R. No.
49/2015
reg. 17(2).
(3) This regulation applies to a taxi-cab if it is
required by a condition of the licence under which
it is operated to be fitted with a security camera
approved by the licensing authority.
*
*
*
*
*
16 Protective screens
(1) The operator or the owner or the driver of a taxicab may fit inside the taxi-cab a protective screen
approved by the licensing authority.
(2) The operator, owner or driver of a taxi-cab must
fit the protective screen in a manner approved by
the licensing authority.
Penalty: 10 penalty units.
Reg. 17
revoked by
S.R. No.
49/2015
reg. 18.
*
*
*
*
*
18 Air conditioner
(1) The operator of a taxi-cab must not operate the
taxi-cab, or permit the taxi-cab to be operated,
unless a properly working air conditioner is fitted
to the taxi-cab.
Penalty: 10 penalty units.
16
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
(2) The driver of a taxi-cab must not operate the taxicab if—
(a) an air conditioner is not fitted to the taxi-cab;
or
(b) the air conditioner fitted to the taxi-cab is not
working properly.
Penalty: 10 penalty units.
19 Inspection of taxi-cabs
(1) A police officer, the licensing authority or a
person authorised by the licensing authority may
require the operator or the driver of a taxi-cab to
produce the taxi-cab for inspection by—
(a) a police officer; or
(b) a licensed taxi tester; or
(c) a licensed vehicle tester; or
(d) a person authorised by the licensing
authority to inspect taxi-cabs—
at or within a time specified by the officer,
licensing authority or person.
(2) In the case of a requirement made on a driver of a
taxi-cab who is not the operator of the taxi-cab,
the driver must advise the operator as soon as
practicable after the requirement is made—
(a) that the requirement has been made and what
it is; and
(b) if the driver has not been, or is not,
reasonably able to comply with the
requirement while he or she has control of
the taxi-cab, of that fact.
Penalty: 5 penalty units.
17
Reg. 19(1)
amended by
S.R. No.
49/2015
reg. 19.
Reg. 19(1)(a)
amended by
S.R. No.
49/2015
reg. 19(a).
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
(3) If an operator of a taxi-cab receives advice
in respect of a requirement under both
subregulation (2)(a) and (2)(b), the operator
must comply with the requirement.
Penalty: 20 penalty units.
(4) If subregulation (3) does not apply in respect of a
requirement, the operator or the driver of the taxicab (as the case may be) must comply with the
requirement.
Penalty: 20 penalty units.
20 Notice to rectify defects
Reg. 20(1)
amended by
S.R. No.
49/2015
reg. 20.
(1) If a taxi-cab is unsuitable or unfit for use as a taxicab or it does not comply with the Act or these
Regulations or any condition of the licence under
which it is operated, a police officer, the licensing
authority or a person authorised by the licensing
authority may serve a notice on the operator or the
driver of the taxi-cab requiring that the matters set
out in the notice be rectified within the time
specified in the notice.
(2) A notice under subregulation (1) must—
(a) include sufficient details to identify the taxicab; and
(b) set out the matters requiring rectification;
and
(c) state a time and date after which the taxi-cab
must not be operated unless the matters
requiring rectification have been rectified;
and
(d) require that, after the matters requiring
rectification have been rectified, the taxi-cab
must be produced for inspection by—
18
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
(i) a police officer; or
(ii) a licensed taxi tester; or
(iii) a licensed vehicle tester; or
Reg. 20(2)(d)(i)
amended by
S.R. No.
49/2015
reg. 20.
(iv) a person authorised by the licensing
authority to inspect taxi-cabs.
(3) If the driver of a taxi-cab on whom a notice under
subregulation (1) is served is not the operator of
the taxi-cab, the driver must, as soon as is
practicable after service of the notice, give, or
cause to be sent to, the operator, the notice or a
copy of the notice.
Penalty: 5 penalty units.
(4) The operator of a taxi-cab in respect of which a
notice has been served under subregulation (1)
must not operate the taxi-cab or permit the taxicab to be operated, after the date and time referred
to in subregulation (2)(c), until all the matters
requiring rectification set out in the notice have
been rectified and the taxi-cab has been inspected
as required by the notice and authorised in writing
for operation by a police officer, the licensing
authority or a person authorised by the licensing
authority to inspect taxi-cabs.
Reg. 20(4)
amended by
S.R. No.
49/2015
reg. 20.
Penalty: 20 penalty units.
21 Evidence of inspection
(1) If an inspection of a taxi-cab is required under
regulation 19(1) or by a notice under
regulation 20(1), a police officer, the licensing
authority or a person authorised by the licensing
authority may require the operator of the taxi-cab
to provide any evidence that the operator receives
from the person who inspects the taxi-cab, in the
manner and form specified by the officer, the
licensing authority or the person authorised by the
19
Reg. 21(1)
amended by
S.R. No.
49/2015
reg. 21.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
licensing authority, that the taxi-cab has been
inspected and of the result of that inspection.
(2) The operator must comply with a requirement
made under subregulation (1).
Penalty: 20 penalty units.
22 Interference with equipment in or on taxi-cab
A person must not interfere with any equipment in
or on a taxi-cab—
(a) so as to prevent the equipment from
operating as required by the Act or these
Regulations or by or under any other Act or
law; or
(b) with the intention of preventing the
equipment from so operating.
Penalty: 15 penalty units.
Pt 3 Div. 2
(Heading and
regs 22A–
22D)
inserted by
S.R. No.
49/2015
reg. 22.
Division 2—Non-taxi commercial passenger vehicles
Reg. 22A
inserted by
S.R. No.
49/2015
reg. 22.
22A Application of this Division
Reg. 22B
inserted by
S.R. No.
49/2015
reg. 22.
22B Number plates, signs, symbols, notices and labels
This Division applies to a holder of a commercial
passenger vehicle licence that is not a taxi-cab
licence.
(1) A licence holder to whom this Division applies
must attach to the vehicle any number plates,
signs, symbols, notices or labels required by the
Roads Corporation or the licensing authority of a
type or design approved by the Roads Corporation
or the licensing authority.
Penalty: 5 penalty units.
20
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
(2) A licence holder to whom this Division applies
must attach to the vehicle the things referred to in
subregulation (1) in the manner specified for those
things by the Roads Corporation or the licensing
authority.
Penalty: 5 penalty units.
(3) A licence holder to whom this Division applies
must attach to the vehicle the things referred to in
subregulation (1) in a way that ensures that the
number plates, signs, symbols, notices or labels
are clearly visible at all times.
Penalty: 5 penalty units.
22C Inspection of commercial passenger vehicle
(1) The licensing authority, a person approved by the
licensing authority or a police officer may require
a licence holder to whom this Division applies to
produce the vehicle for inspection by—
(a) the licensing authority; or
(b) a person approved by the licensing authority;
or
(c) a police officer; or
(d) a licensed vehicle tester.
(2) A licence holder to whom this Division applies
must comply with a direction given under
subregulation (1).
Penalty: 15 penalty units.
(3) A person who inspects a vehicle must serve a
notice on the licence holder requiring the licence
holder to fix the matters set out in the notice
within the time specified in the notice, if on
inspection the person finds that the vehicle—
(a) is unsafe, unsuitable or unfit for use; or
21
Reg. 22C
inserted by
S.R. No.
49/2015
reg. 23.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
(b) does not comply with the Act or these
Regulations or with any condition of the
relevant licence.
(4) A notice under subregulation (3) must—
(a) include sufficient details to identify the
vehicle to which it relates; and
(b) set out the matters which must be fixed; and
(c) state a time and date after which the vehicle
must not be operated unless the matters
required to be fixed are fixed.
(5) If the licence holder of a vehicle subject to a
notice given under subregulation (3) does not fix
the matters set out in the notice within the time
specified in the notice, the licence holder must not
use, or allow to be used, the vehicle for carrying
passengers for hire or reward until the matters set
out in the notice have been fixed.
Penalty: 20 penalty units.
(6) If inspection of a vehicle is required under
subregulation (1), the licensing authority or a
person authorised by the licensing authority may
require the licence holder of the vehicle to provide
any evidence that the licence holder receives from
the person who inspects the vehicle, in the manner
and form specified by the licensing authority or
the person authorised by the licensing authority—
(a) that the vehicle has been inspected; and
(b) the result of that inspection.
(7) The licence holder must provide the evidence of
the inspection required under subregulation (6) to
the licensing authority within 7 days after
receiving the evidence.
Penalty: 5 penalty units.
22
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 3—Vehicles
22D Damaged vehicle not to be used until safe
(1) If a commercial passenger vehicle that is not a
taxi-cab is damaged so as to become unsafe, the
licence holder of the vehicle must not use it, or
allow it to be used, to carry passengers for hire or
reward until the vehicle is repaired and safe and fit
for service.
Reg. 22D
inserted by
S.R. No.
49/2015
reg. 22.
Penalty: 20 penalty units.
Division 3—Non-taxi commercial passenger drivers
22E Driver must not consume alcohol
The driver of a commercial passenger vehicle that
is a not a taxi-cab must not consume alcohol from
the time the driver commences a work shift until
the time the driver finishes the work shift.
Penalty: 12 penalty units.
__________________
23
Pt 3 Div. 3
(Heading and
reg. 22E)
inserted by
S.R. No.
49/2015
reg. 22.
Reg. 22E
inserted by
S.R. No.
49/2015
reg. 22.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 4—Livery, lamps, signs etc.
PART 4—LIVERY, LAMPS, SIGNS ETC.
23 Signs, symbols, notices, labels and fittings
(1) The licensing authority may require the operator
of a taxi-cab to—
(a) attach to the taxi-cab any sign, symbol,
notice or label of a type or design approved
by the licensing authority; and
(b) attach any sign, symbol, notice or label
referred to in paragraph (a) to the taxi-cab in
the manner and location specified by the
licensing authority.
(2) The operator of a taxi-cab must comply with a
requirement made by the licensing authority under
subregulation (1).
Penalty: 5 penalty units.
(3) The operator and driver of a taxi-cab must ensure
that any sign, symbol, notice or label attached to
the taxi-cab in compliance with a requirement
under subregulation (1) is clearly visible at all
times.
Penalty: 5 penalty units.
Reg. 23(4)
amended by
S.R. No.
63/2014
reg. 10,
revoked by
S.R. No.
49/2015
reg. 23.
Reg. 23A
inserted by
S.R. No.
63/2014
reg. 11.
*
*
*
*
*
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.
24
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 4—Livery, lamps, signs etc.
(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 taxi-cab, 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.
24 Livery
(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 taxicab, so as to be clearly visible, the name,
telephone number and trade mark or trade name
of—
(a) the operator; or
(b) a taxi-cab network service provider with
whom the operator has an arrangement for
the provision of taxi-cab network services.
Penalty: 10 penalty units.
(2) The operator of a taxi-cab must not operate the
taxi-cab, or permit the taxi-cab to be operated,
unless the taxi-cab is painted in a colour or
colours approved by the licensing authority.
Penalty: 10 penalty units.
25
Reg. 24(1)
amended by
S.R. No.
149/2007
reg. 15,
substituted by
S.R. No.
63/2014
reg. 12.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 4—Livery, lamps, signs etc.
Reg. 25
substituted by
S.R. No.
49/2015
reg. 24.
25 Sign on taxi-cab
(1) The operator of a taxi-cab must not operate the
taxi-cab or permit the taxi-cab to be operated
unless the taxi-cab is fitted with a sign capable of
being lit—
(a) that displays the word "TAXI"; and
(b) that indicates whether or not the taxi-cab is
available for hire; and
(c) that is capable of being operated by the
driver of the taxi-cab seated in the normal
driving position.
Penalty: 10 penalty units.
(2) The driver of a taxi-cab must ensure that the sign
referred to in subregulation (1) is turned off
while—
(a) the taxi-cab is hired; or
(b) the taxi-cab is on a highway at a time when,
by a condition of its licence, it is not
permitted to be operated; or
(c) the taxi-cab is on a highway in an area in
which, by a condition of its licence or by
these Regulations, a hiring must not
commence; or
(d) the taxi-cab is being driven to a place to pick
up a passenger for a pre-booked hiring; or
(e) the taxi-cab is otherwise not available for
hire.
Penalty: 10 penalty units.
26
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 4—Livery, lamps, signs etc.
26 Tariff lamps
(1) The operator of a taxi-cab must not operate the
taxi-cab, or permit the taxi-cab to be operated,
unless an amber indicator lamp, which has been
approved by the licensing authority, is fitted, in a
position approved by the licensing authority, to
the nearside of the sign required to be fitted to the
taxi-cab.
Penalty: 10 penalty units.
(2) If a taxi-cab is permitted under the conditions of
its licence to be operated on more than one tariff
calculated by a taximeter, the operator of the taxicab must not operate the taxi-cab, or permit the
taxi-cab to be operated, unless, in addition to the
indicator lamp referred to in subregulation (1), a
second amber indicator lamp, which has been
approved by the licensing authority, is fitted, in a
position approved by the licensing authority, to
the offside of the sign required to be fitted to the
taxi-cab under regulation 25(1).
Penalty: 10 penalty units.
(3) The operator of a taxi-cab must ensure that—
(a) the nearside lamp referred to in
subregulation (1) operates so that it is always
lit when the taximeter in the taxi-cab is
operating, and at no other time; and
(b) if an offside lamp is required to be fitted in
accordance with subregulation (2), this lamp
operates so that it is also lit when the
taximeter in the taxi-cab is operating at a rate
other than Tariff 1 of the hiring rates set out
in the conditions of the licence under which
the taxi-cab is operated, and at no other time.
Penalty: 10 penalty units.
27
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 4—Livery, lamps, signs etc.
(4) The driver of a taxi-cab referred to in
subregulation (1) must not operate the taxi-cab
unless the indicator lamp is in good working
order.
Penalty: 10 penalty units.
(5) The driver of a taxi-cab referred to in
subregulation (2) must not operate the taxi-cab
unless both of the indicator lamps are in good
working order.
Penalty: 10 penalty units.
Reg. 27
revoked by
S.R. No.
49/2015
reg. 25.
*
*
*
__________________
28
*
*
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
PART 5—VEHICLE OPERATIONS
*
*
*
*
*
Pt 5 Div. 1
(Heading and
reg. 28)
amended by
S.R. No.
90/2010 reg. 4,
revoked by
S.R. No.
49/2015
reg. 26.
Division 2—Driver responsibilities
29 Passenger routes
(1) The driver of a taxi-cab must take a passenger
who has hired the taxi-cab, or who is attempting
to hire the taxi-cab at any time when it is available
for hire, to the place where the passenger wants
to be taken, unless the driver refuses under
regulation 29A, 36(1) or 41(7) to carry, or to
continue to carry, the passenger.
Reg. 29(1)
amended by
S.R. Nos
74/2008
reg. 8(1),
63/2014
reg. 13.
Penalty: 10 penalty units.
(2) The driver of a taxi-cab must fulfil any agreement
that he or she has made to take, or to cause to be
taken, in the taxi-cab any person at any time to or
from any place, unless the driver refuses under
regulation 29A, 36(1) or 41(7) to carry, or to
continue to carry, the person.
Penalty: 10 penalty units.
(3) If the hirer of a taxi-cab does not nominate the
route which he or she wishes to be taken, the
driver of the taxi-cab must take the most direct
practicable route from the place where the taxicab was hired to the intended destination of the
hirer of the taxi-cab.
Penalty: 10 penalty units.
29
Reg. 29(2)
amended by
S.R. Nos
74/2008
reg. 8(2),
63/2014
reg. 13.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(4) If the hirer of a taxi-cab nominates a route to the
place where the hirer wants to be taken, the driver
of the taxi-cab must take that route.
Penalty: 10 penalty units.
Reg. 29A
inserted by
S.R. No.
63/2014
reg. 14.
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 taxicab 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.
30 Driver to remain with taxi-cab
(1) If a taxi-cab is in a taxi zone (other than a taxi
zone designated as a meal stand) the driver of the
taxi-cab must stay with the taxi-cab at all times
unless the driver is helping passengers to enter or
leave the taxi-cab.
Penalty: 5 penalty units.
(2) If a taxi-cab is on a highway other than in a taxi
zone referred to in subregulation (1), the driver of
the taxi-cab must stay with the taxi-cab at all
times unless—
(a) the driver is attempting to locate a passenger
for a pre-booked hiring; or
(b) the driver is helping a passenger to enter or
leave the taxi-cab; or
30
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(c) the driver is picking up or delivering goods;
or
(d) the driver has a reasonable cause not to be
with the taxi-cab.
Penalty: 5 penalty units.
31 Driver's appearance
(1) While operating a taxi-cab, the driver of the taxicab must wear a uniform which conforms to a
design approved by a relevant person.
Penalty: 5 penalty units.
Reg. 31
amended by
S.R. No.
149/2007
reg. 16,
substituted by
S.R. No.
63/2014
reg. 15.
(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.
*
*
*
*
*
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
31
Reg. 32
substituted by
S.R. No.
149/2007
reg. 17,
revoked by
S.R. No.
63/2014
reg. 16.
Reg. 33
substituted by
S.R. No.
63/2014
reg. 17.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(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.
Reg. 33(3)
substituted by
S.R. No.
49/2015
reg. 27.
(3) In this regulation, assistance animal has the same
meaning as it has in the Disability Discrimination
Act 1992 of the Commonwealth.
34 Passenger amenities
(1) The driver of a taxi-cab must comply with a
request by a passenger—
(a) to turn the air conditioning or heating in the
taxi-cab on or off; or
(b) to change the level at which the air
conditioning or heating is operating—
unless complying with the request would cause
unreasonable discomfort to the driver.
Penalty: 5 penalty units.
(2) The driver of a taxi-cab must comply with a
reasonable request by a passenger to—
(a) turn the music system or radio in the taxi-cab
off; or
(b) operate the music system or radio at a lower
level.
Penalty: 5 penalty units.
32
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
35 Picking up and setting down passengers
(1) The driver of a taxi-cab, if picking up or setting
down passengers on a highway, must stop the
taxi-cab for that purpose as close as is practicable
and permitted by law to where the passengers
wish to be picked up or set down.
Penalty: 10 penalty units.
(2) The driver of a taxi-cab who is at or near a place
where there is a large number of other motor
vehicles must not—
(a) interfere with the orderly taking up or setting
down of passengers; or
(b) interfere with the orderly distribution of taxicabs or other vehicles.
Penalty: 10 penalty units.
36 Passenger behaviour
(1) The driver of a taxi-cab may refuse to carry, or to
continue to carry, a person in the taxi-cab if, in the
opinion of the driver—
(a) the person is violent, noisy, misbehaving,
filthy or offensive; or
(b) the person is in possession of an item which
is not able to be safely and securely
accommodated within the taxi-cab.
(2) Despite subregulation (1)(a), the driver of a taxicab must not refuse to carry a person referred to in
that paragraph if the person is going to, or is being
taken to, a hospital.
Penalty: 5 penalty units.
33
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
37 Passenger assistance
(1) The driver of a taxi-cab must give reasonable help
to passengers to get them and their luggage or
other items into and out of the taxi-cab.
Penalty: 5 penalty units.
(2) The driver of a taxi-cab must take reasonable care
of luggage or other items while they are being put
into, or carried in, or taken out of, the taxi-cab.
Penalty: 5 penalty units.
38 Taxi zones
Reg. 38(1)(2)
revoked by
S.R. No.
49/2015
reg. 28.
*
*
*
*
*
(3) The driver of a taxi-cab who is using or
attempting to use a taxi zone or another area set
aside for the storage or holding of taxi-cabs must
do so in the order in which the driver arrived at
the zone or storage or holding area in relation to
other taxi-cabs using or attempting to use the zone
or the storage or holding area.
Penalty: 5 penalty units.
(4) The driver of a taxi-cab which is in a taxi zone or
storage or holding area must move the taxi-cab
forward to occupy the position immediately in
front when that position becomes empty.
Penalty: 5 penalty units.
Reg. 38(5)–(7)
revoked by
S.R. No.
63/2014
reg. 18(1).
*
*
*
34
*
*
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
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.
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.
Notes to
reg. 38
inserted by
S.R. No.
63/2014
reg. 18(2).
Division 3—Fares, charges and taximeters
39 Fares and additional charges
(1) The driver of a taxi-cab must not make a charge
for the hiring of a taxi-cab for that part of a
journey which is delayed to allow the taxi-cab to
be refuelled or repaired.
Penalty: 10 penalty units.
(2) Unless these Regulations allow, the driver of a
taxi-cab must not charge or ask for payment of a
fare or additional charges which are more than the
amounts allowed in any condition of the licence
under which the taxi-cab is operated.
Penalty: 10 penalty units.
(3) Subject to subregulation (4), the operator or the
driver of a taxi-cab may agree with the hirer of the
taxi-cab to charge a fee in addition to the fare and
additional charges permitted by any condition of
the licence under which the taxi-cab is operated if
payment of the fare and additional charges are to
be made at a time other than immediately after the
termination of the hiring.
Reg. 39(3)
amended by
S.R. No.
74/2008
reg. 9(1).
(4) If an agreement under subregulation (3) is made
after the start of the hiring, the fee may only be
charged if a suitable notice is displayed—
Reg. 39(4)
inserted by
S.R. No.
74/2008
reg. 9(2).
(a) advising that the fee will be charged in the
relevant circumstances; and
35
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(b) specifying either the amount of the fee or
how the fee is to be calculated.
Reg. 39(5)
inserted by
S.R. No.
74/2008
reg. 9(2).
(5) For the purposes of subregulation (4)—
suitable notice means a notice—
(a) approved by the licensing authority;
and
(b) displayed in the taxi-cab so as to be
clearly visible at all times.
40 Multiple hirings
The driver of a taxi-cab which has already been
hired must not allow any person other than the
hirer of the taxi-cab and any person accompanying
the hirer to hire or to be in the taxi-cab unless—
(a) the hirer consents to another person also
hiring the taxi-cab; and
(b) the destination of the first hirer and the
second or subsequent hirers are in the same
general direction.
Penalty: 10 penalty units.
Reg. 41
substituted by
S.R. No.
74/2008
reg. 10.
41 Capacity to pay
(1) Before a hiring (other than a prepayment hiring)
starts or at any time during the hiring, the driver of
a taxi-cab may give the hirer an estimate of the
fare for the hiring.
(2) Before a prepayment hiring starts, the driver of a
taxi-cab must give the hirer an estimate of the fare
for the hiring.
(3) If the driver of a taxi-cab has given the hirer of the
taxi-cab an estimate of the fare in accordance with
subregulation (1) or (2), the driver may, before the
hiring starts or at any time during the hiring, ask
the hirer to demonstrate that the hirer is able to
pay the amount of the estimate.
36
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(4) If the driver of a taxi-cab has given a hirer an
estimate of the fare in accordance with
subregulation (1), the driver may, before the
hiring starts or at any time during the hiring,
require the hirer to pay a deposit of up to the
amount of the estimate.
(5) If the driver of a taxi-cab has given a hirer an
estimate of the fare in accordance with
subregulation (2), the hirer must, before the hiring
starts, pay to the driver a deposit equal to the
amount of the estimate unless the driver waives
payment of the deposit under subregulation (6).
(6) The driver of a taxi-cab may waive payment of a
deposit under subregulation (5) if the driver is
reasonably satisfied that the hirer is able to pay the
amount of the estimate of the fare.
(7) The driver of a taxi-cab may refuse to carry, or to
continue to carry, (as the case requires) a hirer and
any person accompanying the hirer if the hirer—
(a) does not demonstrate to the driver's
reasonable satisfaction that the hirer is able
to pay the amount of the estimate of the fare
for the hiring; or
(b) does not pay a deposit required under
subregulation (4) or (5).
(8) The driver of a taxi-cab must give the hirer a
receipt for the deposit if asked to do so by a hirer
who has paid a deposit required under
subregulation (4) or (5).
Penalty: 5 penalty units.
37
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(9) If a hirer has paid a deposit in accordance with
subregulation (4) or (5), on the termination of
hiring the driver of the taxi-cab must—
(a) if the amount of deposit is less than the fare
and additional charges for the hiring, deduct
that amount from the amount to be paid by
the hirer; or
(b) if the amount of the deposit exceeds the fare
and additional charges for the hiring, repay
to the hirer the amount in excess of the fare
and additional charges.
Penalty: 10 penalty units
(10) In this regulation—
deposit means an amount paid as security against
the payment in full of the fare and any
additional charges for a hiring in accordance
with regulation 43;
prepayment hiring means a hiring starting
between the hours of 10.00 p.m. and
5.00 a.m.
Reg. 42
revoked by
S.R. No.
49/2015
reg. 28.
*
*
*
*
*
43 Payment of fares and additional charges
(1) The driver of a taxi-cab, if asked by the hirer of
the taxi-cab, must, on the termination of the
hiring, tell the hirer how the fare and any
additional charges were calculated and the amount
of the fare and any such additional charges.
Penalty: 5 penalty units.
(2) If the hirer of a taxi-cab offers or elects to pay the
fare and any additional charges for a hiring of the
taxi-cab by a valid credit or debit card of a type
38
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
displayed by notice in the taxi-cab as accepted for
payment, the driver of the taxi-cab must accept
payment by that method.
Penalty: 10 penalty units.
(3) The driver of a taxi-cab must use electronic
payment facilities to process a payment referred to
in subregulation (2) if those facilities are installed
in the taxi-cab and are not disabled by any failure
or malfunction, and if the card tendered is suitable
for that use.
Penalty: 10 penalty units.
(4) Despite subregulation (3), the driver of a taxi-cab
may use non-electronic payment facilities to
process a payment referred to in subregulation (2)
if—
(a) the driver advises the hirer of the hirer's right
to have the payment processed by the
electronic payment facilities; and
(b) the hirer expressly agrees to the payment
being processed by the non-electronic
payment facilities.
(5) The hirer of a taxi-cab must pay in full the fare
and any additional charges for the hiring at the
termination of the hiring unless the operator or the
driver of the taxi-cab agrees that payment may be
made at a later time.
Penalty: 10 penalty units.
(6) Upon payment by the hirer of the fare and any
additional charges, the driver of the taxi-cab
must—
(a) offer to give the hirer a receipt for the
payment of the fare and any additional
charges; and
39
Reg. 43(6)
substituted by
S.R. No.
74/2008
reg. 11(1).
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(b) unless the hirer declines the offer, give the
hirer the receipt produced in accordance with
subregulation (6A).
Penalty: 10 penalty units.
Reg. 43(6A)
inserted by
S.R. No.
74/2008
reg. 11(1).
(6A) For the purposes of subregulation (6)(b), the
driver of a taxi-cab must use electronic facilities
to produce the receipt if those facilities are
installed, or otherwise capable of being used, in
the taxi-cab and are not disabled by any failure or
malfunction.
(7) The driver of a taxi-cab must ensure that the
receipt is legible and contains the following—
Reg. 43(7)(a)
substituted by
S.R. No.
74/2008
reg. 11(2).
(a) unless the receipt has been produced using
electronic facilities, the driver's signature;
(b) the number of the taxi-cab;
(c) the number of the driver's certificate of the
driver;
Reg. 43(7)(ca)
inserted by
S.R. No.
74/2008
reg. 11(3).
(ca) the driver's Australian Business Number
(ABN) (if any);
(d) all the items which make up the fare and any
additional rates and charges;
(e) the total amount paid;
(f) the date of the payment.
Penalty: 10 penalty units.
44 Taximeters
Reg. 44(1)
substituted by
S.R. No.
74/2008
reg. 12(1).
(1) The operator of a taxi-cab must not operate the
taxi-cab or permit the taxi-cab to be operated
unless a taximeter, of a type approved by the
40
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
licensing authority, is fitted to the taxi-cab and the
taximeter complies with subregulation (3).
Penalty: 10 penalty units.
(2) The driver of a taxi-cab must not operate the taxicab unless the taximeter fitted to the taxi-cab
complies with all of the requirements set out in
subregulation (3).
Penalty: 10 penalty units.
(3) A taximeter in a taxi-cab must—
(aa) have been tested and sealed by a person
authorised to do so by the licensing
authority; and
Reg. 44(3)(aa)
inserted by
S.R. No.
74/2008
reg. 12(2).
(a) be programmed to record and display only
the fares and additional charges allowed in
any condition of the licence under which the
taxi-cab is operated; and
(b) be operational as required by these
Regulations; and
(c) have all of its seals intact; and
(d) be located in a position which has been
approved by the licensing authority; and
(e) be able to be clearly read from each forward
facing seating position in the taxi-cab.
(4) Subject to subregulation (5), the operator of a taxicab must ensure that, at any given time, the
taximeter being operated in the taxi-cab is the one
which was last tested in the taxi-cab by a person
authorised by the licensing authority.
Penalty: 10 penalty units.
(5) If the taximeter in a taxi-cab stops operating
correctly, the operator of the taxi-cab may
substitute another taximeter if the substituted
41
Reg. 44(5)
substituted by
S.R. No.
74/2008
reg. 12(3).
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
taximeter is of a type approved by the licensing
authority and is tested by a person authorised by
the licensing authority.
(6) If—
(a) a component of a taxi-cab, or any equipment
in or on the taxi-cab, which may affect the
correct operation of the taximeter in that
taxi-cab is altered; or
(b) such a component or any such equipment is
replaced—
the operator of the taxi-cab must not operate the
taxi-cab, or permit the taxi-cab to be operated,
until the taximeter has been recalibrated and tested
and sealed by a person authorised by the licensing
authority.
Penalty: 10 penalty units.
(7) A person authorised by the licensing authority
may, by giving written notice to the operator or
the driver of a taxi-cab, require the operator or
driver to take the taxi-cab to a person authorised
by the licensing authority, at or within a time
specified in the notice, to have the taximeter
inspected and tested.
(8) The operator or driver of a taxi-cab must comply
with a requirement made under subregulation (7).
Penalty: 10 penalty units.
(9) If a taximeter is found to be not working correctly
as required by these Regulations or if a seal on the
taximeter has been broken—
(a) the operator of the taxi-cab must not operate
the taxi-cab or permit the taxi-cab to be
operated; and
42
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(b) the driver of the taxi-cab must not operate
the taxi-cab—
until the taximeter has been repaired (if
necessary), and has been inspected, tested and
sealed by a person authorised by the licensing
authority.
Penalty: 10 penalty units.
45 Operation of taximeters
(1) The driver of a taxi-cab must not operate the
taximeter fitted to the taxi-cab if the taxi-cab is
not hired.
Penalty: 10 penalty units.
(2) Unless subregulation (3) or (4) applies, the driver
of a taxi-cab must start the taximeter as soon as
the taxi-cab is hired.
Penalty: 10 penalty units.
(3) If the driver of a taxi-cab is entitled to an
additional payment to compensate for extended
loading time, the driver must start the taximeter
immediately after—
(a) the driver has accepted the hirer's request to
be taken to a destination; and
(b) the hirer and any passengers accompanying
the hirer, and their luggage or other items,
are safely secured in the taxi-cab; and
(c) the taxi-cab is ready to move off.
Penalty: 10 penalty units.
(4) In the case of a pre-booked hiring, a driver of a
taxi-cab referred to in subregulation (3) may start
the taximeter earlier than the time referred to in
that subregulation if—
(a) the driver has made contact with the hirer;
and
43
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(b) the time agreed for the hiring has arrived or
has passed; and
(c) the hirer is not ready to board the taxi-cab,
but has requested the driver to wait.
Reg. 45(4A)
inserted by
S.R. No.
63/2014
reg. 19.
(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.
Reg. 45(4B)
inserted by
S.R. No.
63/2014
reg. 19.
(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.
(5) If the conditions of a licence require or permit a
different tariff to start during a hiring, the driver
of the taxi-cab must—
(a) if the taximeter requires adjustment to the
new tariff, make that adjustment when the
new tariff is to start; and
(b) in any case, immediately after the new tariff
has started, tell the hirer of that fact.
Penalty: 10 penalty units.
44
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(6) The driver of a taxi-cab must ensure that the
taximeter is stopped and put into the neutral
position—
(a) in a case to which subregulation (2) applies,
as soon as the hiring has finished; or
(b) in a case to which subregulation (3) or (4)
applies, immediately after the taxi-cab is
brought to a halt for the purpose of allowing
the hirer, or if regulation 40 applies, the last
hirer, to alight from the taxi-cab at the
termination of the hiring.
Penalty: 10 penalty units.
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 taxi-cab; 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
45
Reg. 45A
inserted by
S.R. No.
63/2014
reg. 20.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
(c) the zones specified in licences held by or
assigned to the operator of the taxi-cab; 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
(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.
Division 4—General
46 Smoking prohibited in taxi-cabs
A person must not smoke tobacco or any other
substance in a taxi-cab.
Penalty: 5 penalty units.
Reg. 46A
inserted by
S.R. No.
74/2008
reg. 13.
46A No drinking liquor or possessing open liquor
containers
(1) A passenger in a taxi-cab must not drink from a
container that contains, or purports to contain,
liquor.
Penalty: 5 penalty units.
(2) A passenger in a taxi-cab must not possess an
open container that contains, or purports to
contain, liquor.
Penalty: 5 penalty units.
(3) In this regulation—
liquor has the same meaning as in section 3 of the
Liquor Control Reform Act 1998.
46
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5—Vehicle operations
*
*
*
*
*
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.
__________________
47
Reg. 47
revoked by
S.R. No.
49/2015
reg. 28.
S. 47A
inserted by
S.R. No.
63/2014
reg. 21.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5A—Taxi non-cash payment surcharges
Pt 5A
(Heading and
reg. 47B)
inserted by
S.R. No.
63/2014
reg. 22.
Reg. 47B
inserted by
S.R. No.
63/2014
reg. 22.
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).
(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 non-cash
payment surcharges that were added to
the relevant transactions on that day;
and
48
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5A—Taxi non-cash payment surcharges
(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
(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 noncash payment surcharge; or
(B) to change the amount the device
adds as a taxi non-cash 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
49
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5A—Taxi non-cash payment surcharges
(B) the period during which the
person supplies the device to a
particular operator or driver.
(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.
50
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 5B—Trading in taxi-cab licences
Part 5B—Trading in taxi-cab licences
47C Authorisation to trade in taxi-cab licences
For the purposes of section 150A of the Act, a
person is authorised to trade in commercial
passenger vehicle licences granted under Part VI
of the Act that are taxi-cab licences if the person
is not—
(a) in the case of a natural person, an insolvent
under administration; or
(b) in the case of a corporation, an externallyadministered body corporate.
51
Pt 5B
(Heading and
reg. 47C)
inserted by
S.R. No.
49/2015
reg. 29.
Reg. 47C
inserted by
S.R. No.
49/2015
reg. 29.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 6—Transitional provisions—Transport (Compliance and Miscellaneous)
(Taxi-Cabs) Amendment Regulations 2011
Pt 6 (Heading
and reg. 48)
revoked by
S.R. No.
74/2008
reg. 14,
new Pt 6
(Heading and
regs 48–51)
inserted by
S.R. No.
74/2011
reg. 16.
PART 6—TRANSITIONAL PROVISIONS—TRANSPORT
(COMPLIANCE AND MISCELLANEOUS) (TAXI-CABS)
AMENDMENT REGULATIONS 2011
New reg. 48
inserted by
S.R. No.
74/2011
reg. 16.
48 Definition
Reg. 49
inserted by
S.R. No.
74/2011
reg. 16.
49 Regulatory instruments
In this part—
commencement day means 1 August 2011.
(1) On the commencement day, every regulatory
instrument in force immediately before that day is
taken to be a regulatory instrument made, given or
issued by the Secretary.
Note
Before the commencement day, the licensing authority was
defined in section 2(1) of the Transport (Compliance and
Miscellaneous) Act 1983 to mean the Director of Public
Transport.
(2) On and after the commencement day, every
reference to the Director in a regulatory
instrument must be construed as a reference to the
Secretary unless the context otherwise requires.
(3) In this regulation—
regulatory instrument means—
(a) a driver's photo card;
(b) an approval of a position for display of
a driver's photo card given under
regulation 8;
52
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 6—Transitional provisions—Transport (Compliance and Miscellaneous)
(Taxi-Cabs) Amendment Regulations 2011
(c) a notification that a licence is
suspended, cancelled or revoked given
under regulation 10(2)(a);
(d) specifications determined and
published under regulation 12(1);
(e) an authorisation of a person to inspect
vehicles and make findings as to fitness
and serviceability given under
regulation 13(2);
(f) an approval to use equipment given
under regulation 13A(1);
(g) an approval of an emergency warning
device given under regulation 14(1);
(h) an approval of a security camera given
under regulation 15(1);
(i) an approval of a manner of fitting a
security camera to a taxi-cab given
under regulation 15(1);
(j) an approval of a protective screen given
under regulation 16(1);
(k) an approval of the manner of fitting a
protective screen given under
regulation 16(2);
(l) an approval of a boot lock release
device given under regulation 17(1);
(m) an authorisation of a person to require
that a taxi-cab be produced for
inspection given under
regulation 19(1);
(n) an authorisation of a person to inspect
taxi-cabs given under
regulation 19(1)(d);
53
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 6—Transitional provisions—Transport (Compliance and Miscellaneous)
(Taxi-Cabs) Amendment Regulations 2011
(o) an authorisation of a person, given
under regulation 20(1), to serve a notice
under that subregulation;
(p) an authorisation of a person, given
under regulation 21(1), to require the
provision of evidence under that
subregulation;
(q) an approval of a type or design given
under regulation 23(1);
(r) a specification of manner and location
made under regulation 23(1);
(s) an approval of a manner of display
given under regulation 24(1);
(t) an approval of a colour or colours given
under regulation 24(2);
(u) an approval of a sign given under
regulation 25(1);
(v) an approval of an indicator lamp and
the position of fitting the lamp given
under regulation 26;
(w) an approval of a type and dimensions of
lettering given under regulation 27(1);
(x) an approval of a uniform design given
under regulation 32(4);
(y) an approval of a notice given under
regulation 39(5);
(z) an approval of a type of taximeter given
under regulation 44(1);
(za) an authorisation of a person to test and
seal a taximeter given under
regulation 44(3);
54
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 6—Transitional provisions—Transport (Compliance and Miscellaneous)
(Taxi-Cabs) Amendment Regulations 2011
(zb) an approval of a position for locating a
taximeter given under regulation 44(3);
(zc) an authorisation of a person to test a
substitute taximeter given under
regulation 44(5);
(zd) an authorisation of a person to
recalibrate, test and seal a taximeter
given under regulation 44(6);
(ze) an authorisation of a person, given
under regulation 44(7), to give notice
requiring that a taximeter be inspected
and tested;
(zf) an authorisation of a person to inspect
and test a taximeter given under
regulation 44(7);
(zg) an authorisation of a person to inspect,
test and seal a taximeter given under
regulation 44(9).
50 Approval to fit a security camera to a taxi-cab
(1) This regulation applies if, before the
commencement day, the operator of a taxi-cab
has applied to the licensing authority under
regulation 15(4) for approval to fit a security
camera to the taxi-cab and the Director has not
made a decision whether to approve the fitting of
a camera before that day.
(2) On and after the commencement day, the
Secretary may make the decision, and for that
purpose, anything done before that day by the
Director for the purpose of making that decision is
taken to have been done by the Secretary.
55
Reg. 50
inserted by
S.R. No.
74/2011
reg. 16.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 6—Transitional provisions—Transport (Compliance and Miscellaneous)
(Taxi-Cabs) Amendment Regulations 2011
Reg. 51
inserted by
S.R. No.
74/2011
reg. 16.
51 Approval of uniform design
(1) This regulation applies if, before the
commencement day—
(a) the Director has given a notice to a relevant
accredited person under regulation 32(1) to
determine a uniform design and apply to the
licensing authority for approval of the
uniform design; or
(b) a relevant accredited person has applied to
the licensing authority under regulation 32(2)
for approval of a uniform design—
and the Director has not made a decision whether
to approve the uniform design before that day.
(2) On and after the commencement day, the
Secretary may make the decision, and for that
purpose, anything done before that day by the
Director for the purpose of making that decision is
taken to have been done by the Secretary.
__________________
56
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 7—Transitional provisions—Transport (Taxi-Cabs) and (Taxi-Cab
licences—Market and Trading) Amendment Regulations 2014
PART 7—TRANSITIONAL PROVISIONS—TRANSPORT
(TAXI-CABS) AND (TAXI-CAB LICENCES—MARKET AND
TRADING) AMENDMENT REGULATIONS 2014
Pt 7
(Heading and
regs 52–56)
inserted by
S.R. No.
65/2014 reg. 7.
Reg. 52
inserted by
S.R. No.
65/2014 reg. 7.
52 Definition
In this Part—
applicable day means the day on which this Part is
taken to have effect under regulation 53.
53 When this Part takes effect
This Part is taken to have effect on 1 July 2013.
54 Regulatory instruments
(1) On the applicable day, every regulatory
instrument in force immediately before that day is
taken to be a regulatory instrument made, given or
issued by the Taxi Services Commission.
Note
Before the applicable day, the licensing authority
was defined in section 2(1) of the Transport (Compliance
and Miscellaneous) Act 1983 to mean the Secretary to the
Department of Transport, Planning and Local Infrastructure.
(2) On and after the applicable day, every reference to
the Secretary in a regulatory instrument must be
construed as a reference to the Taxi Services
Commission unless the context otherwise
requires.
(3) In this regulation—
regulatory instrument means—
(a) a driver's photo card;
(b) an approval of a position for display of
a driver's photo card given under
regulation 8;
57
Reg. 53
inserted by
S.R. No.
65/2014 reg. 7.
Reg. 54
inserted by
S.R. No.
65/2014 reg. 7.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 7—Transitional provisions—Transport (Taxi-Cabs) and (Taxi-Cab
licences—Market and Trading) Amendment Regulations 2014
(c) a notification that a licence is
suspended, cancelled or revoked given
under regulation 10(2)(a);
(d) specifications determined and
published under regulation 12(1);
(e) an authorisation of a person to inspect
vehicles and make findings as to fitness
and serviceability given under
regulation 13(2);
(f) an approval to use equipment given
under regulation 13A(1);
(g) an approval of an emergency warning
device given under regulation 14(1);
(h) an approval of a security camera given
under regulation 15(1);
(i) an approval of the manner by which a
security camera is fitted to a taxi-cab
given under regulation 15(1);
(j) an approval of a protective screen given
under regulation 16(1);
(k) an approval of the manner by which a
protective screen is fitted given under
regulation 16(2);
(l) an approval of a boot lock release
device given under regulation 17(1);
(m) an authorisation of a person to require
that a taxi-cab be produced for
inspection given under
regulation 19(1);
(n) an authorisation of a person to inspect
taxi-cabs given under
regulation 19(1)(d);
58
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 7—Transitional provisions—Transport (Taxi-Cabs) and (Taxi-Cab
licences—Market and Trading) Amendment Regulations 2014
(o) an authorisation of a person, given
under regulation 20(1), to serve a notice
under that subregulation;
(p) an authorisation of a person, given
under regulation 21(1), to require the
provision of evidence under that
subregulation;
(q) an approval of a type or design given
under regulation 23(1)(a);
(r) a specification of manner and location
made under regulation 23(1)(b);
(s) an approval of a manner of display
given under regulation 24(1);
(t) an approval of a colour or colours given
under regulation 24(2);
(u) an approval of a sign given under
regulation 25(1);
(v) an approval of an indicator lamp and
the position of fitting the lamp given
under regulation 26;
(w) an approval of a type and dimensions of
lettering given under regulation 27(1);
(x) an approval of a uniform design given
under regulation 32(4);
(y) an approval of a notice given under
regulation 39(5);
(z) an approval of a type of taximeter given
under regulation 44(1);
(za) an authorisation of a person to test
and seal a taximeter given under
regulation 44(3)(aa);
59
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 7—Transitional provisions—Transport (Taxi-Cabs) and (Taxi-Cab
licences—Market and Trading) Amendment Regulations 2014
(zb) an approval of a position for locating a
taximeter given under
regulation 44(3)(d);
(zc) an authorisation of a person to test a
substitute taximeter given under
regulation 44(5);
(zd) an authorisation of a person to
recalibrate, test and seal a taximeter
given under regulation 44(6);
(ze) an authorisation of a person, given
under regulation 44(7), to give notice
requiring that a taximeter be inspected
and tested;
(zf) an authorisation of a person to inspect
and test a taximeter given under
regulation 44(7);
(zg) an authorisation of a person to inspect,
test and seal a taximeter given under
regulation 44(9).
Reg. 55
inserted by
S.R. No.
65/2014 reg. 7.
55 Approval to fit a security camera to a taxi-cab
(1) This regulation applies if, before the applicable
day, the operator of a taxi-cab had applied to the
licensing authority under regulation 15(4) for
approval to fit a security camera to the taxi-cab
and the Secretary had not made a decision
whether to approve the fitting of a camera before
that day.
(2) On and after the applicable day, the Taxi Services
Commission may make the decision, and for that
purpose, anything done before that day by the
Secretary for the purpose of making that decision
is taken to have been done by the Taxi Services
Commission.
60
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Part 7—Transitional provisions—Transport (Taxi-Cabs) and (Taxi-Cab
licences—Market and Trading) Amendment Regulations 2014
56 Approval of uniform design
(1) This regulation applies if, before the applicable
day—
(a) the Secretary had given a notice to a relevant
accredited person under regulation 32(1) to
determine a uniform design and apply to the
licensing authority for approval of the
uniform design; or
(b) a relevant accredited person had applied to
the licensing authority under regulation 32(2)
for approval of a uniform design—
and the Secretary had not made a decision
whether to approve the uniform design before that
day.
(2) On and after the applicable day, the Taxi Services
Commission may make the decision, and for that
purpose, anything done before that day by the
Secretary for the purpose of making that decision
is taken to have been done by the Taxi Services
Commission.
__________________
61
Reg. 56
inserted by
S.R. No.
65/2014 reg. 7.
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Schedules
SCHEDULES
Sch. 1
amended by
S.R. Nos
69/2007 reg. 9,
49/2015
reg. 30.
SCHEDULE 1
Regulation 5
TEST OF ACUTENESS OF VISION
1 The acuteness of vision of an applicant must be tested by
means of a printed chart which has on each face
7 horizontal lines of black letters printed on a white
background and reducing downwards in the following
fractions—
Line 1—6/60;
Line 2—6/36;
Line 3—6/24;
Line 4—6/18;
Line 5—6/12;
Line 6—6/9;
Line 7—6/6.
2 The chart may be of either the 3 metre or the 6 metre type
and must be placed in an upright position at a distance of
6 metres in the case of a 6 metre chart, or 3 metres in the
case of a 3 metre chart, from the applicant and in a light of
not less than 100 watts strength.
3 An applicant must be shown one face of the chart and must
be required—
(a) to cover the left eye with the palm of the hand and
read with the right eye as far down the lines of the
chart as the applicant is capable; and
(b) to cover the right eye with the palm of the hand and
read with the left eye as far down the lines of the chart
as the applicant is capable.
62
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Schedules
4 In order to pass the test for acuteness of vision the applicant
must—
(a) correctly read line 5 with his or her right eye; and
(b) correctly read line 5 with his or her left eye.
5 The test for acuteness of vision is a test conducted by—
(a) a person who is registered as an optometrist under the
Health Practitioner Regulation National Law to
practise in the optometry profession (other than as a
student); or
(b) a person registered under the Health Practitioner
Regulation National Law to practise in the medical
profession (other than as a student).
6 The person who conducts the test may issue a certificate to
the applicant which—
(a) contains the results of the test; and
(b) states whether or not the applicant has passed the test.
═══════════════
63
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
The Transport (Taxi-Cabs) Regulations 2005, S.R. No. 67/2005 were made
on 28 June 2005 by the Governor in Council under sections 162 and 256 of
the Transport Act 1983, No. 9921/1983 and came into operation on 28 June
2005.
The Transport (Taxi-Cabs) Regulations 2005 will sunset on 27 June 2016:
see the Subordinate Legislation (Transport (Buses, Taxi-Cabs and Other
Commercial Passenger Vehicles) Regulations 2005) Extension Regulations
2015, S.R. No. 77/2015.
The title of these Regulations was changed from the Transport (Taxi-Cabs)
Regulations 2005 to the Transport (Buses, Taxi-Cabs and Other Commercial
Passenger Vehicles) Regulations 2005 by regulation 5 of the Transport
(Taxi-Cabs), (Passenger Vehicles) and (Infringements) Amendment
Regulations 2015, S.R. No. 49/2015.
64
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Endnotes
2 Table of Amendments
This publication incorporates amendments made to the Transport (Buses,
Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2005 by
statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transport (Taxi-Cabs) (Amendment) Regulations 2007, S.R. No. 69/2007
Date of Making:
26.6.07
Date of Commencement:
1.7.07: reg. 3
Transport (Taxi-cab Industry Accreditation) Regulations 2007, S.R. No. 149/2007
(as amended by S.R. No. 74/2008)
Date of Making:
18.12.07
Date of Commencement:
Regs 13, 14 on 31.12.07: reg. 3(1); regs 12, 15–17
on 31.3.09: reg. 3(2)
Transport (Taxi-Cabs) (Amendment) Regulations 2008, S.R. No. 74/2008
Date of Making:
24.6.08
Date of Commencement:
Regs 5–7, 9, 11–14 on 29.6.08: reg. 3(1); regs 8, 10
on 1.10.08: reg. 3(2)
Transport (Passenger Vehicles) and Transport (Taxi-Cabs) Amendment (Passenger
Numbers) Regulations 2010, S.R. No. 90/2010
Date of Making:
7.9.10
Date of Commencement:
7.9.10
Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations
2011, S.R. No. 74/2011
Date of Making:
26.7.11
Date of Commencement:
1.8.11: reg. 3
Transport (Taxi-Cabs) Amendment Regulations 2011, S.R. No. 106/2011
Date of Making:
27.9.11
Date of Commencement:
Regs 9, 10 on 27.9.11
Transport (Taxi-Cabs) Amendment Regulations 2014, S.R. No. 63/2014
Date of Making:
17.6.14
Date of Commencement:
Regs 5–8, 10–22 on 30.6.14: reg. 3(2); reg. 9 on
1.7.14: reg. 3(1)
Transport (Taxi-Cabs) and (Taxi-Cab Licences - Market and Trading) Amendment
Regulations 2014, S.R. No. 65/2014
Date of Making:
17.6.14
Date of Commencement:
17.6.14
Transport (Taxi-Cabs), (Passenger Vehicles) and (Infringements) Amendment
Regulations 2015, S.R. No. 49/2015
Date of Making:
9.6.15
Date of Commencement:
Regs 6–30 on 15.6.15: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
65
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Endnotes
3 Amendments Not in Operation
Not updated for this publication.
66
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
Regulations 2005
S.R. No. 67/2005
Endnotes
4 Explanatory details
No entries at date of publication.
67