Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) (Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Transport (Buses, Taxi-Cabs and Other
Commercial Passenger Vehicles) (Taxi-Cab
Industry Accreditation and Other Matters)
Regulations 2017
S.R. No. 50/2017
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary matters 1
1 Objectives 1
2 Authorising provisions 2
3 Commencement 2
4 Revocations 2
5 Definitions 2
Part 2—Driver accreditation and identification 5
Division 1—Driver accreditation 5
6 Prescribed class of person that may give medical certificate 5
Division 2—Identification of accredited drivers 5
7 Application of this Division 5
8 Licensing authority may provide accredited taxi-cab driver
identification 5
9 Accredited driver must ensure identification is clearly visible at
all times 6
Part 3—Commercial passenger vehicles 7
Division 1—Inspection of commercial passenger vehicles 7
10 Definitions 7
11 Licensing authority may authorise persons to inspect taxi-cabs 7
12 Inspection of commercial passenger vehicles 7
13 Notice to rectify defects 8
14 Evidence of inspection 9
Division 2—Number plates, signs, symbols etc. 10
15 Number plates, signs, symbols etc. 10
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Division 3—General 10
16 Smoking prohibited 10
17 Animals 11
18 Commercial passenger vehicle licences 11
Part 4—Taxi-cabs 12
Division 1—Specifications and equipment for taxi-cabs 12
19 Taxi-cab specifications 12
20 Emergency warning devices 12
21 Security cameras 13
22 Protective screens 13
23 Interference with equipment in or on taxi-cab 14
Division 2—Appearance of taxi-cab 14
24 Livery 14
25 Sign on taxi-cab 15
Division 3—Driver responsibilities 15
26 Passenger routes 15
27 Passenger assistance 16
28 Driver appearance 16
Division 4—Fares, charges and fare calculation devices 17
29 Fares and additional charges 17
30 Receipt for payment of fares and additional charges 18
31 Obligations for estimated fares 18
32 Prescribed information—notices of maximum fares or hiring
rates in Regional and Country Zones 19
33 Prescribed standard for availability of information on maximum
fares or hiring rates in Regional and Country Zones 20
34 Fare calculation devices 21
35 Operation of fare calculation devices 23
Division 5—General 24
36 Records to be kept of non-cash payment surcharges 24
37 Authorisation to trade in taxi-cab licences 27
38 Identity cards for taxi compliance officers 27
39 No drinking liquor or possessing open liquor containers 27
Part 5—Commercial passenger vehicles other than taxi-cabs 28
40 Records—non-taxi commercial passenger vehicles 28
41 Driver must not consume alcohol 29
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Part 6—Taxi industry accreditation 30
Division 1—Definitions 30
42 Definitions 30
Division 2—Applications for taxi-cab industry accreditation 31
43 Applications for accreditation 31
Division 3—Records 32
44 Records to be kept by network service providers 32
45 Records to be kept by taxi-cab operators 32
46 Records to be kept by network service providers in respect of
taxi-cab operations 33
47 Period records are to be kept 33
Division 4—Inspection, audit and submission of information 34
48 Taxi-cab operator records to be made available 34
49 Inspection and audit 35
50 Submission of information 35
Division 5—Conditions on accreditation of taxi-cab operators 36
51 Driver health and fitness 36
52 Drivers of wheelchair accessible taxi-cabs 36
Division 6—Complaints handling 37
53 Complaints handling—taxi-cab operators 37
54 Complaints handling in respect of taxi-cab operations—
providers of taxi-cab network services 37
55 Complaints handling—providers of taxi-cab network services 38
Division 7—Global positioning systems 38
56 Global positioning systems 38
57 Global positioning system records to be kept 39
58 Global positioning system records to be provided 39
Schedule 1—Information to be recorded and kept by network
service providers 40
Schedule 2—Information to be recorded and kept by taxi-cab
operators 42
═════════════
Endnotes 44
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2017
S.R. No. 50/2017
Transport (Compliance and Miscellaneous) Act 1983
Transport (Buses, Taxi-Cabs and Other
Commercial Passenger Vehicles) (Taxi-Cab
Industry Accreditation and Other Matters)
Regulations 2017
The Governor in Council makes the following Regulations:
Dated: 14 June 2017
Responsible Minister:
JACINTA ALLAN
Minister for Public Transport
ANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary matters
1 Objectives
The main objectives of these Regulations are
to support the provision of bus and commercial
passenger vehicle services that are safe for
persons using the services by prescribing
requirements for or in relation to—
(a) driver accreditation and conduct; and
(b) the inspection of commercial passenger
vehicles; and
(c) the operation of taxi-cabs; and
(d) hirings, the charging and payment of fares
and charges for taxi-cabs; and
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Part 1—Preliminary matters
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(e) the conduct of passengers; and
(f) accreditation of operators of taxi-cabs and
providers of taxi-cab network services.
2 Authorising provisions
These Regulations are made under sections 137E,
162, 169Z, 228RZI and 256 of the Transport
(Compliance and Miscellaneous) Act 1983.
3 Commencement
These Regulations come into operation on 26 June
2017.
4 Revocations
The following Regulations are revoked—
(a) Transport (Taxi-cab Industry Accreditation)
Regulations 2007 1 ;
(b) Transport (Taxi-cab Industry Accreditation)
Amendment Regulations 20122 ;
(c) Transport (Taxi-cab Industry Accreditation)
Amendment Regulations 20143 ;
(d) Transport (Buses, Taxi-Cabs and Other
Commercial Passenger Vehicles)
Regulations 2016 4 .
5 Definitions
In these Regulations—
accredited taxi-cab driver means the holder of a
taxi-cab driver accreditation;
driver, in relation to a commercial passenger
vehicle, means any person who drives the
commercial passenger vehicle;
externally-administered company has the same
meaning as in the Corporations Act;
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fare calculation device means a mechanical,
electrical or electronic device that records
and displays information about taxi-cab
fares and hiring charges;
hirer, in relation to a taxi-cab, includes a person
who is attempting to hire the taxi-cab;
licence means a commercial passenger vehicle
licence granted under Part VI of the Act;
licence holder means the holder of a licence;
licensed taxi tester means a person who is
licensed under Chapter 6 of the Road
Safety (Vehicles) Regulations 2009 to
examine and test taxi-cabs;
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;
network service provider means a person who
is accredited to provide a taxi-cab network
service;
shift means a period of operation of a commercial
passenger vehicle by a driver that is
continuous apart from meal and comfort
breaks;
taxi-cab driver accreditation means a driver
accreditation accrediting a person to drive
a taxi-cab;
taxi-cab network service has the same meaning as
it has in section 130A of the Act;
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termination, in relation to the hiring of a taxi-cab,
means the time when the hiring ends for any
reason, including because—
(a) the agreed destination for the hiring has
been reached; or
(b) the hirer has requested the termination
before the agreed destination for the
hiring has been reached;
the Act means the Transport (Compliance and
Miscellaneous) Act 1983.
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Part 2—Driver accreditation and identification
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Part 2—Driver accreditation and
identification
Division 1—Driver accreditation
6 Prescribed class of person that may give medical
certificate
For the purposes of section 167(2)(a) of the Act, a
prescribed class of person is a registered medical
practitioner.
Division 2—Identification of accredited drivers
7 Application of this Division
This Division applies to an applicant for, or holder
of, a taxi-cab driver accreditation.
8 Licensing authority may provide accredited taxi-cab
driver identification
The licensing authority may provide an
identification of the holder as an accredited
taxi-cab driver that includes—
(a) a photograph or digitised image of the
holder obtained by the licensing authority
under section 167(2) of the Act; and
(b) the number of the certificate of accreditation
issued under section 169D of the Act; and
(c) the date on which the accreditation expires.
Note
The licensing authority is defined in section 2(1) of the
Transport (Compliance and Miscellaneous) Act 1983
to mean the Taxi Services Commission.
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9 Accredited driver must ensure identification is
clearly visible at all times
An accredited taxi-cab driver must ensure that
the identification provided under regulation 8
is clearly visible at all times to passengers hiring
the taxi-cab driven by the accredited taxi-cab
driver.
Penalty: 5 penalty units.
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Part 3—Commercial passenger vehicles
Division 1—Inspection of commercial
passenger vehicles
10 Definitions
In this Division—
appropriate person means—
(a) a police officer; or
(b) a licensed vehicle tester; or
(c) a licensed taxi tester; or
(d) a person authorised by the licensing
authority under regulation 11;
relevant person, in relation to a commercial
passenger vehicle, means—
(a) if the vehicle is not a taxi-cab, the
licence holder in respect of that
vehicle; or
(b) if the vehicle is a taxi-cab, the operator
or driver of the vehicle.
11 Licensing authority may authorise persons to
inspect taxi-cabs
The licensing authority may, in writing, authorise
a person to inspect taxi-cabs under this Division.
12 Inspection of commercial passenger vehicles
(1) A police officer, the licensing authority or a
person authorised by the licensing authority
may require a relevant person to produce a
commercial passenger vehicle at or within a time
specified by the officer, licensing authority or
person for inspection by an appropriate person.
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(2) Subject to subregulation (4), a person who is
subject to a requirement made under subregulation
(1) must comply with the requirement.
Penalty: 20 penalty units
(3) If a requirement is made under subregulation (1)
on a person who is the driver of a commercial
passenger vehicle but not the owner, operator or
licence holder in respect of the vehicle, the driver
must advise the owner, operator or licence holder
of the vehicle as soon as is practicable after the
requirement is made.
Penalty: 5 penalty units.
(4) If the owner, operator or licence holder has
received advice in respect of a requirement
under subregulation (3), the owner, operator
or licence holder must ensure the vehicle is
produced for inspection in accordance with the
requirement made under subregulation (1).
Penalty: 20 penalty units.
13 Notice to rectify defects
(1) A police officer, the licensing authority, or a
person authorised by the licensing authority may
serve a notice on a relevant person requiring that
the matters set out in the notice be rectified if a
commercial passenger vehicle—
(a) is unsafe; or
(b) is unfit for use for the purpose for which the
vehicle is licensed; or
(c) does not comply with requirements specified
under the Act or these Regulations.
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(2) A notice served under subregulation (1) must—
(a) include sufficient details to identify the
commercial passenger vehicle; and
(b) set out the matters that must be rectified.
(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) If a person is served with a notice under
subregulation (1), the person must not operate
the commercial passenger vehicle to which the
notice relates for the purpose for which the
vehicle is licensed until—
(a) the matters in the notice served under
subregulation (1) have been rectified; and
(b) the vehicle has been inspected by an
appropriate person.
Penalty: 20 penalty units.
14 Evidence of inspection
(1) This regulation applies if a person is required to
produce a commercial passenger vehicle under
regulation 12 for inspection.
(2) A police officer, the licensing authority or a
person authorised by the licensing authority may
require the person to provide evidence that the
vehicle has been inspected by an appropriate
person and of the result of that inspection.
(3) A police officer, the licensing authority or a
person authorised by the licensing authority
may specify the manner and form in which
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evidence required under subregulation (2) must be
provided.
(4) A person who is subject to a requirement made
under subregulation (2) must comply with the
requirement within 7 days after the requirement
is made.
Penalty: 20 penalty units.
Division 2—Number plates, signs, symbols etc.
15 Number plates, signs, symbols etc.
(1) A person must not operate or drive a commercial
passenger vehicle or permit the vehicle to be
operated or driven unless the vehicle is fitted with
number plates, signs, symbols, notices or labels
that are—
(a) required to be fitted by the Roads
Corporation or the licensing authority; and
(b) of a type or design approved by the Roads
Corporation or the licensing authority.
Penalty: 5 penalty units.
(2) A person who operates or drives a commercial
passenger vehicle must ensure that a number
plate, sign, symbol, notice or label required to
be fitted under subregulation (1) is fitted so that
it is clearly visible at all times.
Penalty: 5 penalty units.
Division 3—General
16 Smoking prohibited
A person must not smoke tobacco or any other
substance in a commercial passenger vehicle.
Penalty: 5 penalty units.
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17 Animals
(1) The driver of a commercial passenger vehicle
must accept an animal for carriage in that vehicle
if—
(a) the animal is an assistance animal; and
(b) the animal is accompanied by a hirer of the
commercial passenger vehicle.
Penalty: 10 penalty units.
(2) In this regulation—
assistance animal has the same meaning as it has
in the Disability Discrimination Act 1992 of
the Commonwealth.
18 Commercial passenger vehicle licences
(1) A licence holder must return the licence to the
licensing authority within 7 days after—
(a) the licensing authority notifies the licence
holder in writing that the licence is
suspended, cancelled or revoked; or
(b) the licence is suspended or revoked by force
of section 156A of the Act.
Penalty: 10 penalty units.
(2) On application, the licensing authority may issue a
duplicate licence if it is satisfied that the licence is
altered, defaced or illegible or that the licence has
been lost, stolen or destroyed.
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Part 4—Taxi-cabs
Division 1—Specifications and
equipment for taxi-cabs
19 Taxi-cab specifications
(1) The licensing authority may determine and
publish in the Government Gazette specifications
with which a taxi-cab, or a taxi-cab of a particular
class, must comply in relation to the following—
(a) fare calculation devices;
(b) accessibility and safety in respect of
wheelchair accessible taxi-cabs;
(c) security cameras.
(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 made under subregulation (1)
that apply to the taxi-cab.
Penalty: 20 penalty units.
(3) The licensing authority may exempt a taxi-cab
from complying with any specification made
under subregulation (1) 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 taxi-cab is licensed to operate.
20 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.
Penalty: 10 penalty units.
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(2) An emergency warning device referred to in
subregulation (1) must have an activating switch
readily accessible by the driver of the taxi-cab
seated in the normal driving position.
Penalty: 10 penalty units.
21 Security cameras
(1) This regulation applies to a taxi-cab licensed to
operate in the Melbourne Metropolitan Zone or
the Urban or Large Regional Zone.
(2) 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.
(3) The driver of a taxi-cab to which this regulation
applies must not operate the taxi-cab unless the
camera referred to in subregulation (2) is
operating.
Penalty: 20 penalty units.
22 Protective screens
If the driver of a taxi-cab requests the operator or
the owner of the taxi-cab to provide a protective
screen, the operator or the owner of the taxi-cab
must fit a protective screen suitable for use inside
the taxi-cab.
Penalty: 10 penalty units.
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23 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.
Division 2—Appearance of taxi-cab
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
taxi-cab, 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.
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25 Sign on taxi-cab
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.
Division 3—Driver responsibilities
26 Passenger routes
(1) Subject to subregulation (2), the driver of a
taxi-cab must take a person who has hired the
taxi-cab or who is attempting to hire the taxi-cab
if it is available for hire, to the place where that
person wants to be taken.
Penalty: 10 penalty units.
(2) Unless a person is going to or is being taken to a
hospital, the driver of a taxi-cab may refuse to
take or continue to carry a person in the taxi-cab
if—
(a) in the opinion of the driver—
(i) the person is violent, noisy,
misbehaving, filthy or offensive; or
(ii) the person is in possession of an item
that is not able to be safely and securely
accommodated within the taxi-cab; or
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(b) a sign showing the word "Destination"
and the name of a suburb is attached to
the taxi-cab so as to be clearly visible
from the outside of the taxi-cab and 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.
(3) 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.
(4) If the hirer of a taxi-cab does not nominate
the route that the hirer wishes to be taken, the
driver of the taxi-cab must take the most direct
and practicable route from the place where the
taxi-cab was hired to the intended destination of
the hirer.
Penalty: 10 penalty units.
27 Passenger assistance
The driver of a taxi-cab must give reasonable
help to passengers to get them into and out of
the taxi-cab.
Penalty: 5 penalty units.
28 Driver appearance
While operating a taxi-cab, the driver of the
taxi-cab must wear a uniform that conforms
to a design approved by—
(a) the operator of the taxi-cab; or
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(b) if the operator of the taxi-cab has entered
into an arrangement with a network service
provider for the receipt and dispatch of
bookings or orders for the hiring of that
taxi-cab, that network service provider.
Penalty: 5 penalty units.
Division 4—Fares, charges and
fare calculation devices
29 Fares and additional charges
(1) The driver of a taxi-cab must not charge for the
hiring of the taxi-cab for a part of a journey that
is delayed to allow the taxi-cab to be refuelled or
repaired.
Penalty: 10 penalty units.
(2) The driver of a taxi-cab in the licence of which
the Melbourne Metropolitan Zone or the Urban
and Large Regional Zone is specified must not
charge or ask for payment of a fare or additional
charges that are in excess of the fare or hiring
rates permitted by a determination of the Essential
Services Commission under Division 5A of
Part VI of the Act.
Penalty: 10 penalty units.
(3) The driver of a taxi-cab in the licence of
which the Regional Zone or the Country Zone
is specified must not charge or ask for payment
of a fare or additional charges that are in excess
of the maximum fare or hiring rates submitted
to the licensing authority under section 162EA
of the Act in respect of that taxi-cab.
Penalty: 10 penalty units.
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30 Receipt for payment of fares and additional charges
(1) On payment by the hirer of a taxi-cab of a fare
and any additional charges for a hiring, the driver
of the taxi-cab must provide the hirer with a
receipt for the total amount paid.
Penalty: 10 penalty units.
(2) A receipt provided under subregulation (1) must
be legible and include—
(a) unless the receipt is produced using
electronic facilities, the driver's signature;
and
(b) the registration plate number of the taxi-cab;
and
(c) the number of the driver's certificate of
accreditation; and
(d) all the items that make up the fare and any
additional rates and charges; and
(e) the total amount paid; and
(f) the date of the payment.
Penalty: 10 penalty units.
31 Obligations for estimated fares
(1) If a hirer requests an estimate of the fare for a
hiring of a taxi-cab, the driver of the taxi-cab
must give the hirer the estimate of the fare.
(2) A driver of a taxi-cab may ask a hirer to pay an
amount of up to an estimate of the fare for a
hiring before the hiring starts.
(3) If a driver of a taxi-cab has asked the hirer to pay
an amount in accordance with subregulation (2),
the hirer must pay the amount when asked.
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(4) If the hirer of a taxi-cab has paid an amount in
accordance with subregulation (3), the driver of
a taxi-cab must, before the hiring starts, provide
the hirer with a receipt for that amount.
Penalty: 10 penalty units.
(5) If a hirer of a taxi-cab has paid an amount
in accordance with subregulation (3), on
the termination of the hiring the driver of
the taxi-cab must—
(a) if the amount paid is less than the fare and
additional charges for the hiring, deduct the
amount from the amount payable for the
hiring; or
(b) if the amount paid exceeds the fare and
additional charges for the hiring, repay to
the hirer the amount in excess of the amount
payable for the hiring.
Penalty: 10 penalty units.
32 Prescribed information—notices of maximum fares
or hiring rates in Regional and Country Zones
(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 network service provider,
a statement that the operator of the taxi-cab
has authorised that network service provider
to submit the notice.
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(2) For the purposes of subregulation (1)(a), the
following information is specified—
(a) the name and number of the certificate of
accreditation of the operator of the taxi-cab;
(b) the name, business address, telephone
number, email address and number of the
certificate of accreditation of the person
submitting the notice containing the
information;
(c) the zones specified in licences held by or
assigned to the operator of the taxi-cab;
(d) the registration plate number of the taxi-cab;
(e) the maximum fares or hiring rates to be
charged in respect of the taxi-cab;
(f) the date from which the fares or hiring rates
are to be charged;
(g) details of any amounts that are to be charged
in addition to the maximum fares or hiring
rates.
Note
Maximum rates are notified under Division 5AB of Part VI of the
Act.
33 Prescribed standard for availability of information
on maximum fares or hiring rates in Regional and
Country Zones
(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 a 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 Zone or the
Country Zone is specified must not operate the
taxi-cab, or permit the taxi-cab to be operated,
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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 taxi-cab so
that the information is able to be clearly read
from each seating position in the taxi-cab.
Penalty: 20 penalty units.
34 Fare calculation devices
(1) The operator of a taxi-cab must not operate the
taxi-cab or permit the taxi-cab to be operated
unless a fare calculation device that complies with
subregulation (2) is functioning in the taxi-cab.
Penalty: 10 penalty units.
(2) A fare calculation device in a taxi-cab must—
(a) have been tested by a person authorised to do
so by the licensing authority; and
(b) record and display only the fares and
additional charges determined under
the Act for the licence under which the
taxi-cab is operated; and
(c) be able to be clearly read from each
forward-facing seating position in the
taxi-cab.
(3) Subject to subregulation (4), the operator of a
taxi-cab must ensure that the fare calculation
device in the taxi-cab is the device that has
been most recently tested in the taxi-cab by a
person authorised by the licensing authority.
Penalty: 10 penalty units.
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(4) If a fare calculation device or a component of
a fare calculation device in a taxi-cab, or any
equipment in or on the taxi-cab that may affect
the correct operation of the fare calculation
device, is substituted or altered, the operator
of the taxi-cab must not operate the taxi-cab or
permit the taxi-cab to be operated until the fare
calculation device has been recalibrated and
tested by a person authorised to do so by the
licensing authority.
Penalty: 10 penalty units.
(5) 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 fare calculation
device inspected and tested.
(6) The operator or driver of a taxi-cab must comply
with a requirement made under subregulation (5).
Penalty: 10 penalty units.
(7) If a fare calculation device in a taxi-cab does not
comply with subregulation (2)—
(a) the operator of the taxi-cab must not operate
the taxi-cab or permit the taxi-cab to be
operated; and
(b) the driver of the taxi-cab must not operate
the taxi-cab—
until the fare calculation device has been repaired
(if necessary), and has been inspected and tested
by a person authorised by the licensing authority.
Penalty: 10 penalty units.
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35 Operation of fare calculation devices
(1) The driver of a taxi-cab must not operate the fare
calculation device in the taxi-cab if the taxi-cab is
not hired.
Penalty: 10 penalty units.
(2) If the driver of a taxi-cab carries out activities
for which a wheelchair lifting subsidy is payable
during, or in relation to, a hiring, the driver must
start the fare calculation device 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.
(3) A driver of a taxi-cab must ensure that a fare
calculation device is paused while the driver is
carrying out activities for which a wheelchair
lifting subsidy is payable.
Penalty: 10 penalty units.
(4) A driver of a taxi-cab must tell the hirer
immediately if the fare calculation device
changes to a different tariff during a hiring.
Penalty: 10 penalty units.
(5) The driver of a taxi-cab must ensure that the fare
calculation device is stopped immediately at the
termination of a hiring.
Penalty: 10 penalty units.
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(6) For the purposes of this regulation, activities for
which a wheelchair lifting subsidy is payable
are—
(a) 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); or
(b) 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.
Division 5—General
36 Records to be kept of non-cash payment surcharges
(1) In this regulation—
non-cash payment processing device has the
same meaning as it does in section 228RA
of the Act;
relevant service means a non-cash payment
processing service as defined in section
228RA of the Act;
taxi non-cash payment surcharge has the same
meaning as it does in section 228RA of the
Act;
taxi non-cash payment transaction has the same
meaning as it does in section 228RA of the
Act.
(2) This regulation applies to a person who provides
a relevant service that facilitates the processing
of a taxi non-cash payment transaction that
is a payment of an amount that includes a
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taxi non-cash payment surcharge (a relevant
transaction).
(3) A person to whom this regulation applies must
keep records sufficient to identify—
(a) in respect of each relevant transaction
facilitated by the relevant service—
(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 the 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
(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 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, the amount of that
surcharge; and
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(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) any 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 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 each 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
each operator or driver.
(4) A person to whom this regulation applies must
keep the records required under subregulation (3)
for a period of at least 5 years after the last entries
in the records are made.
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.
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37 Authorisation to trade in taxi-cab licences
For the purposes of section 150A of the Act, a
person is authorised to trade in 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 company, an externally-
administered company.
38 Identity cards for taxi compliance officers
For the purposes of section 228RD(2)(c) of the
Act, a prescribed matter that must be included in
an identity card issued to a taxi compliance officer
is the taxi compliance officer's appointment
number or badge number.
39 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.
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Part 5—Commercial passenger
vehicles other than taxi-cabs
40 Records—non-taxi commercial passenger vehicles
(1) This regulation applies to the holder of 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 number of the
certificate of accreditation of each driver of the
vehicle in respect of which the licence is granted.
Penalty: 10 penalty units.
(3) A licence holder to whom this regulation applies
must keep a record of the following for each
booking of the vehicle in respect of which the
licence is granted—
(a) the date and time of the booking;
(b) the name of the driver of the vehicle;
(c) the street number, street name and suburb or
town name at which the hirer was picked up;
(d) the street number, street name and suburb or
town name to which the hirer was taken.
Penalty: 10 penalty units.
(4) A licence holder to whom this regulation applies
must keep the records referred to in subregulations
(2) and (3) in a form and manner that enables
access to be provided to the licensing authority on
request.
Penalty: 10 penalty units.
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(5) A licence holder to whom this regulation applies
must keep the records referred to in subregulations
(2) and (3) for a period of at least 3 years after the
last entries in the records are made.
Penalty: 10 penalty units.
(6) A licence holder to whom this regulation applies
must keep the records referred to in subregulations
(2) and (3) in a manner that enables the records to
be read, or reproduced by the licence holder on
request of the licensing authority, in the English
language.
Penalty: 5 penalty units.
(7) On request of 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 subregulations (2)
and (3) available for inspection.
Penalty: 10 penalty units.
(8) If requested by the licensing authority or a
person approved by the licensing authority, a
licence holder to whom this regulation applies
must provide a copy of any part or all of the
records referred to in subregulations (2) and (3)
to the authority or person making the request
within the time specified in the request.
Penalty: 10 penalty units.
41 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 shift until
the time the driver finishes the shift.
Penalty: 12 penalty units.
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Part 6—Taxi industry accreditation
Division 1—Definitions
42 Definitions
In this Part—
accreditation means accreditation under
Division 4 of Part VI of the Act;
AS/NZS 10002:2014 means the Standard
AS/NZS 10002:2014—Guidelines for
complaint management in organizations;
driver agreement has the same meaning as it
has in section 162J of the Act;
national police certificate means a certificate
issued as a result of a national police records
check;
national police records check means a search
of the records of the police forces of each
State and Territory to determine whether the
subject of the search has been found guilty
of a criminal offence;
record-keeping arrangement means an
arrangement between a person who is
accredited as a provider of taxi-cab network
services and a person who is accredited as a
taxi-cab operator in accordance with which
the network service provider agrees to keep
a record of the information specified in
Schedule 2 on the taxi-cab operator's behalf
in relation to the taxi-cabs operated or
permitted to be operated by the taxi-cab
operator;
relevant person has the same meaning as it has in
section 130A(1) of the Act;
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system data means data relating to the operation
of the global positioning system including
data about malfunctions, tampering or
attempted tampering with the system;
taxi-cab licence holder means the holder of a
taxi-cab licence;
Telematics In-Vehicle Unit (IVU) Functional
and Technical Specification means the
Telematics In-Vehicle Unit (IVU) Functional
and Technical Specification, published by
Transport Certification Australia in May
2014 as in force from time to time;
travel data, in relation to a taxi-cab, means
information about the position, speed and
direction of the taxi-cab whenever that
taxi-cab is operating and includes the date
and time that the information is generated.
Division 2—Applications for taxi-cab
industry accreditation
43 Applications for accreditation
For the purposes of section 132(2)(b)(ii) of the
Act, an application for accreditation must be
accompanied by—
(a) written disclosure by the applicant of any
findings of guilt in relation to the applicant
and each relevant person of a tier 1 offence,
a tier 2 offence or a tier 3 offence; and
(b) evidence as to whether or not the applicant
and each relevant person has been found
guilty of a tier 1 offence, a tier 2 offence or
a tier 3 offence; and
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(c) the written consent of the applicant and each
relevant person—
(i) to the request by the licensing authority
of a—
(A) national police records check; or
(B) police records check that includes
the search of records held by
police forces in other countries;
and
(ii) to retention by the licensing authority
of the applicant's national police
certificate; and
(d) if the applicant or a relevant person has
been found guilty of a tier 1 offence, a
tier 2 offence or a tier 3 offence—
(i) a description of the offence; and
(ii) the details of any sentencing order
made on that finding of guilt.
Division 3—Records
44 Records to be kept by network service providers
The accreditation of a person as a provider
of taxi-cab network services is subject to the
condition that the person must keep a record
of the information specified in Schedule 1.
45 Records to be kept by taxi-cab operators
(1) The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must keep a record of the information
specified in Schedule 2.
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(2) Subregulation (1) does not apply if a taxi-cab
network service provider keeps, in accordance
with a record-keeping arrangement with the
person accredited as a taxi-cab operator, records
on the taxi-cab operator's behalf in relation to the
taxi-cabs operated, or permitted to be operated by
the taxi-cab operator.
46 Records to be kept by network service providers in
respect of taxi-cab operations
(1) This regulation applies if there is a record-
keeping arrangement in effect between a
person who is accredited as a provider of
taxi-cab network services and a person who
is accredited as a taxi-cab operator.
(2) The accreditation of a person as a provider
of taxi-cab network services is subject to the
condition that the person must keep a record of—
(a) the record-keeping arrangement; and
(b) the information specified in Schedule 2 on
the taxi-cab operator's behalf in relation to
the taxi-cabs operated or permitted to be
operated by the taxi-cab operator.
47 Period records are to be kept
A record kept under regulation 44, 45, 46 or 57
must be kept—
(a) subject to paragraph (d), for a period of
3 years commencing on the date the record
was created; and
(b) in a manner that enables the records to be
read or reproduced in the English language;
and
(c) in any manner, form (including electronic) or
format determined by the licensing authority;
and
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(d) in the case of a record of information
specified in item 1 of Schedule 2, until
the later of—
(i) the date that is 3 years after the date the
record was created; or
(ii) if the record is specified in a request
made under regulation 48(1)(a) or 49(a)
before the end of the period specified in
subparagraph (i), the date the licensing
authority receives the requested record.
Division 4—Inspection, audit and
submission of information
48 Taxi-cab operator records to be made available
(1) A police officer may request the operator of a
taxi-cab—
(a) to make available a specified record to the
officer for inspection by the officer; or
(b) to give the officer, within a reasonable
period specified by the officer, an
accurate copy of a specified record.
(2) An operator of a taxi-cab who receives a request
under subregulation (1)(a) must without delay
comply with that request.
Penalty: 10 penalty units.
(3) An operator of a taxi-cab who receives a request
under subregulation (1)(b) must comply with that
request.
Penalty: 10 penalty units.
(4) In this regulation—
specified record means a record of the
information described in item 1(c)
of Schedule 2.
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49 Inspection and audit
An accreditation is subject to the condition that
the accredited person must—
(a) make any or all of the records that the
accredited person is required to keep under
these Regulations available on request to
the licensing authority for the purpose of
inspecting or auditing those records; and
(b) provide the licensing authority with all
reasonable assistance in the carrying out
of that inspection or audit.
50 Submission of information
An accreditation is subject to the condition that
the accredited person must—
(a) if the accredited person is requested to do
so by the licensing authority, give to the
licensing authority a copy of any or all of
the records that the accredited person is
required to keep under these Regulations
that are specified in the request—
(i) in any manner, form (including
electronic) or format specified in
the request; and
(ii) in respect of any period that is
specified in the request; and
(iii) within the time that is, or at the
intervals that are, specified in the
request; and
(b) give the licensing authority any other
information that the licensing authority
may request relating to the accreditation
or the activities for which the accredited
person is accredited within the time
specified by the licensing authority.
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Division 5—Conditions on accreditation
of taxi-cab operators
51 Driver health and fitness
The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must take reasonable steps to verify
that a driver of a taxi-cab operated or permitted
to be operated by that person is of sufficient
good health and fitness to operate the taxi-cab.
52 Drivers of wheelchair accessible taxi-cabs
(1) The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must not operate or permit to be
operated a taxi-cab that is a wheelchair
accessible taxi-cab unless the driver of that
taxi-cab has successfully completed—
(a) any specified course of training or test
required by the licensing authority under
section 167 of the Act; and
(b) any specified course of training required
to be undertaken as a condition of the
driver accreditation held by the driver.
(2) In this regulation—
wheelchair accessible taxi-cab has the same
meaning as it does in section 147A(2C)
of the Act.
Note
See section 169A(2A) of the Act.
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Division 6—Complaints handling
53 Complaints handling—taxi-cab operators
(1) The accreditation of a person as a taxi-cab
operator is subject to the condition that the
person must ensure that—
(a) every complaint relating to the operation
of a taxi-cab operated, or permitted to be
operated by that person, is investigated
promptly; and
(b) any action required to adequately address
the complaint is taken promptly.
(2) Subregulation (1) does not apply if a person
who is accredited as a provider of taxi-cab
network services provides, in accordance with
an arrangement with the person accredited as a
taxi-cab operator, a complaints handling system
on the taxi-cab operator's behalf in relation to
taxi-cabs operated, or permitted to be operated
by the taxi-cab operator.
54 Complaints handling in respect of taxi-cab
operations—providers of taxi-cab network services
(1) This regulation applies if there is an arrangement
in effect between a person who is accredited as
a provider of taxi-cab network services and a
person who is accredited as a taxi-cab operator
(the taxi-cab operator) that relates to a complaints
handling system in relation to taxi-cabs operated
or permitted to be operated by the taxi-cab
operator.
(2) The accreditation of a person as a provider
of taxi-cab network services is subject to the
condition that the person must ensure that—
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(a) every complaint relating to the operation
of a taxi-cab operated, or permitted to be
operated by the taxi-cab operator, is
investigated promptly; and
(b) any action required to adequately address
the complaint is taken promptly.
55 Complaints handling—providers of taxi-cab
network services
The accreditation of a person as a provider
of taxi-cab network services is subject to the
condition that the person must—
(a) for the purposes of regulations 53 and 54,
establish, implement and maintain a
complaints handling system that is
consistent with AS/NZS 10002:2014; and
(b) ensure that every complaint relating
to taxi-cab network services the person
provides is investigated promptly and
in a manner consistent with AS/NZS
10002:2014; and
(c) ensure that any action required to adequately
address the complaint is taken promptly.
Division 7—Global positioning systems
56 Global positioning systems
A taxi-cab operator must not operate the taxi-cab
or permit the taxi-cab to be operated under
licences in which the Melbourne Metropolitan
Zone is specified and that are held by or assigned
to the operator unless the taxi-cab is fitted with a
functioning global positioning system that meets
the Telematics In-Vehicle Unit (IVU) Functional
and Technical Specification.
Penalty: 20 penalty units.
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57 Global positioning system records to be kept
The accreditation of a person as a taxi-cab
operator is subject to the condition that the person
must keep records, or arrange for records to be
kept, in accordance with regulation 47(a), (b)
and (c), of system data and travel data in relation
to taxi-cabs operated or permitted to be operated
by the person under a licence in which the
Melbourne Metropolitan Zone is specified.
58 Global positioning system records to be provided
(1) The licensing authority, by written notice, may
direct a taxi-cab operator or, if another person is
permitted to operate a taxi-cab, that person, to
provide to the licensing authority any record
referred to in regulation 57.
(2) A person given a direction under subregulation (1)
must comply with the direction without delay
unless the person has a reasonable excuse.
Penalty: 10 penalty units.
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Schedule 1—Information to be recorded and kept by network service
providers
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
(Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017
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Schedule 1—Information to be recorded
and kept by network service providers
Regulation 44
1 The following information in respect of each booking or
hiring in relation to each taxi-cab in respect of which the
provider provides taxi-cab network services—
(a) in respect of each hiring—
(i) the driver accreditation number of the driver of
the taxi-cab;
Note
Section 165 of the Act makes it an offence for a person to
drive a commercial passenger vehicle unless that person
holds a driver accreditation.
(ii) the registration plate number issued by the Roads
Corporation of the taxi-cab hired;
(iii) whether the hiring was a booked, hail or rank
hiring;
(iv) the date and time the journey for which the hiring
was made commenced;
Note
Where the journey is provided in a taxi-cab, the
date and time is the date and time the fare calculation
device was started at the commencement of the journey.
See regulation 35.
(v) the date and time the journey for which the hiring
was made ended;
Note
Where the journey is provided in a taxi-cab, the date and
time when the journey ended is the date and time the fare
calculation device was turned off in respect of that journey.
See regulation 35.
(vi) whether or not the hiring was for a wheelchair
accessible taxi-cab;
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Schedule 1—Information to be recorded and kept by network service
providers
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
(Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017
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(b) in the case of a booking—
(i) the date and time the booking was made;
(ii) the date and time the person requested that a
journey commence;
(iii) the street number, street name and suburb or town
name at which the person requested that a journey
commence;
(iv) whether or not the booking or order was for a
wheelchair accessible taxi-cab;
(v) whether or not the booking was offered to drivers
and, if so, the date and time when that offer was
made;
(vi) whether or not the booking was accepted by a
driver and, if so, the date and time the driver
accepted the booking;
(vii) whether the booking was completed, cancelled,
re-booked or did not eventuate in a journey.
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Schedule 2—Information to be recorded and kept by taxi-cab operators
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
(Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017
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Schedule 2—Information to be recorded
and kept by taxi-cab operators
Regulations 45 and 46
1 The following information in respect of each taxi-cab
operated, or permitted to be operated, by the taxi-cab
operator—
(a) the total revenue earned during each shift during
which the taxi-cab is operated;
(b) the number of hirings of the taxi-cab during each
shift;
(c) the name, address, driver licence number and the
number of the driver's certificate of accreditation of
each person who has operated the taxi-cab and the
days on which, and the times during those days,
when that person operated the taxi-cab;
(d) the contents of all driver agreements, within the
meaning of section 162J of the Act, entered into by
the taxi-cab operator;
(e) the following details in relation to all faults in, or
damage to, the taxi-cab of which the operator is
aware—
(i) the date the operator became aware of the fault
or damage;
(ii) the nature of the fault or damage;
(iii) the date the fault was remedied or the damage
was repaired;
(f) the nature and date of all maintenance work carried
out on the taxi-cab.
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Schedule 2—Information to be recorded and kept by taxi-cab operators
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
(Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017
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2 The following information in respect of each complaint
made to the taxi-cab operator or the operator's employees
in relation to a taxi-cab operated or permitted to be operated
by the operator or the service provided by the operator or a
complaint made in relation to a driver of such a taxi-cab—
(a) the date the complaint was received;
(b) the nature of the complaint;
(c) the capacity in which the complainant made the
complaint (for example, as a customer, driver,
member of the public);
(d) the name and the address or other contact details of
the complainant;
(e) all actions taken by or on behalf of the operator in
response to the complaint;
(f) the date and time that the actions referred to in
paragraph (e) were taken;
(g) the outcome of the complaint.
═════════════
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Endnotes
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
(Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017
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Endnotes
1 Reg. 4(a): S.R. No. 149/2007. Reprint No. 1 as at 7 August 2013.
Reprinted to S.R. No. 111/2012. Subsequently amended by
S.R. No. 62/2014.
2 Reg. 4(b): S.R. No. 11/2012.
3 Reg. 4(c): S.R. No. 62/2014.
4 Reg. 4(d): S.R. No. 67/2016.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within
the meaning of section 110 of the Sentencing Act 1991. The amount of the
penalty is to be calculated, in accordance with section 7 of the Monetary
Units Act 2004, by multiplying the number of penalty units applicable by the
value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2016 is
$155.46.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
——
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Endnotes
Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)
(Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of regulation 5 of the Subordinate Legislation
Regulations 2014.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 55 Standard AS/NZS
10002 : 2014 Guidelines
for complaint management
in organizations
(ISO 10002.2014, MOD
incorporating Amendment
No. 1), published by
Standards Australia on
29 October 2014
The whole
Regulation 56 Telematics In-Vehicle Unit
(IVU) Functional and
Technical Specification,
published by Transport
Certification Australia in
May 2014
The whole
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