Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment 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) and (Infringements) Amendment Regulations 2017 S.R. No. 105/2017 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Principal Regulations 2 Part 2—Amendment of the Principal Regulations 3 5 Objectives—Principal Regulations 3 6 Definitions 3 7 Definitions—Part 3 of the Principal Regulations 3 8 Smoking prohibited 4 9 Livery 4 10 Driver appearance 4 11 New regulation 29A inserted 5 12 Prescribed information—notices of maximum fares or hiring rates in Regional and Country Zones 5 13 Operation of fare calculation devices 5 14 Regulation 37 revoked 5 15 Definitions—Part 6 of the Principal Regulations 5 16 Records to be kept by booking service providers 6 17 Records to be kept by taxi-cab operators 6 18 Records to be kept by booking service providers in respect of taxi-cab operations 6 19 Drivers of wheelchair accessible taxi-cabs 6 20 Complaints handling—taxi-cab operators 6 21 Complaints handling in respect of taxi-cab operations— providers of booking services 6 22 Complaints handling—providers of booking services 7 23 Schedule 1—Information to be recorded and kept by booking service providers 7 -- 1 of 11 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel Part 3—Amendment of the Transport (Infringements) Regulations 2010 8 24 Transport Infringements—Table 8 of Schedule 3 amended 8 ═════════════ Endnotes 9 -- 2 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 105/2017 Transport (Compliance and Miscellaneous) Act 1983 Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017 The Governor in Council makes the following Regulations: Dated: 17 October 2017 Responsible Minister: JACINTA ALLAN Minister for Public Transport JONATHAN BURKE Acting Clerk of the Executive Council Part 1—Preliminary 1 Objectives The main objectives of these Regulations are— (a) to amend the Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) (Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017— (i) to make amendments consequential to the enactment of the Commercial Passenger Vehicle Industry Act 2017; and -- 3 of 11 -- Part 1—Preliminary Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017 S.R. No. 105/2017 2 Authorised by the Chief Parliamentary Counsel (ii) to extend the offence prohibiting smoking in commercial passenger vehicles to e-cigarettes; and (iii) to make it an offence not to pay the full fare in a taxi-cab; and (b) to amend the Transport (Infringements) Regulations 2010 to provide for an infringement offence for fare evasion in a taxi-cab. 2 Authorising provisions These Regulations are made under sections 137E, 162, 169Z, 215, 228RZI and 256 of the Transport (Compliance and Miscellaneous) Act 1983. 3 Commencement These Regulations come into operation on 2 November 2017. 4 Principal Regulations In these Regulations, the Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) (Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017 1 are called the Principal Regulations. -- 4 of 11 -- Part 2—Amendment of the Principal Regulations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017 S.R. No. 105/2017 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Principal Regulations 5 Objectives—Principal Regulations In regulation 1(f) of the Principal Regulations, for "taxi-cab network services" substitute "booking services". 6 Definitions In regulation 5 of the Principal Regulations— (a) in the definition of the Act, for "Transport (Compliance and Miscellaneous) Act 1983." substitute "Transport (Compliance and Miscellaneous) Act 1983;"; (b) insert the following definitions— "booking service provider means a person who provides a booking service; wheelchair accessible taxi-cab means a taxi-cab that has been constructed or modified so that it can accommodate and secure one or more occupied wheelchairs."; (c) the definitions of externally-administered company, licensed taxi tester, network service provider and taxi-cab network service are revoked. 7 Definitions—Part 3 of the Principal Regulations In regulation 10 of the Principal Regulations, in the definition of appropriate person, paragraph (c) is revoked. -- 5 of 11 -- Part 2—Amendment of the Principal Regulations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017 S.R. No. 105/2017 4 Authorised by the Chief Parliamentary Counsel 8 Smoking prohibited For regulation 16 of the Principal Regulations substitute— "16 Smoking prohibited (1) A person must not in a commercial passenger vehicle— (a) smoke, hold or otherwise have control over, an ignited or heated tobacco product; or (b) use an e-cigarette to generate or release an aerosol or vapour; or (c) smoke any other substance. Penalty: 5 penalty units. (2) In this regulation, e-cigarette and tobacco product have the same meanings as in the Tobacco Act 1987.". 9 Livery In regulation 24(1)(b) of the Principal Regulations— (a) for "taxi-cab network service provider" substitute "booking service provider"; (b) for "taxi-cab network services" substitute "booking services". 10 Driver appearance For regulation 28(b) of the Principal Regulations substitute— "(b) if the operator of the taxi-cab has entered into an arrangement with a booking service provider for the provision of booking services, that booking service provider.". -- 6 of 11 -- Part 2—Amendment of the Principal Regulations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017 S.R. No. 105/2017 5 Authorised by the Chief Parliamentary Counsel 11 New regulation 29A inserted After regulation 29 of the Principal Regulations insert— "29A Payment of fares and additional charges 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.". 12 Prescribed information—notices of maximum fares or hiring rates in Regional and Country Zones In regulation 32(1)(b) of the Principal Regulations, for "network service provider" (where twice occurring) substitute "booking service provider". 13 Operation of fare calculation devices In regulation 35(6)(a) of the Principal Regulations omit "(within the meaning of section 147A(2C)(b) of the Act)". 14 Regulation 37 revoked Regulation 37 of the Principal Regulations is revoked. 15 Definitions—Part 6 of the Principal Regulations In regulation 42 of the Principal Regulations, in the definition of record-keeping arrangement— (a) for "taxi-cab network services" substitute "booking services"; (b) for "network service provider" substitute "booking service provider". -- 7 of 11 -- Part 2—Amendment of the Principal Regulations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017 S.R. No. 105/2017 6 Authorised by the Chief Parliamentary Counsel 16 Records to be kept by booking service providers (1) In the heading to regulation 44 of the Principal Regulations, for "network service providers" substitute "booking service providers" . (2) In regulation 44 of the Principal Regulations, for "taxi-cab network services" substitute "booking services". 17 Records to be kept by taxi-cab operators In regulation 45(2) of the Principal Regulations, for "taxi-cab network service provider" substitute "booking service provider". 18 Records to be kept by booking service providers in respect of taxi-cab operations (1) In the heading to regulation 46 of the Principal Regulations, for "network service providers" substitute "booking service providers". (2) In regulation 46(1) and (2) of the Principal Regulations, for "taxi-cab network services" substitute "booking services". 19 Drivers of wheelchair accessible taxi-cabs Regulation 52(2) of the Principal Regulations is revoked. 20 Complaints handling—taxi-cab operators In regulation 53(2) of the Principal Regulations, for "taxi-cab network services" substitute "booking services". 21 Complaints handling in respect of taxi-cab operations—providers of booking services (1) In the heading to regulation 54 of the Principal Regulations, for "taxi-cab network services" substitute "booking services". -- 8 of 11 -- Part 2—Amendment of the Principal Regulations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017 S.R. No. 105/2017 7 Authorised by the Chief Parliamentary Counsel (2) In regulation 54(1) and (2) of the Principal Regulations, for "taxi-cab network services" substitute "booking services". 22 Complaints handling—providers of booking services (1) In the heading to regulation 55 of the Principal Regulations, for "taxi-cab network services" substitute "booking services". (2) In regulation 55 of the Principal Regulations, for "taxi-cab network services" (where twice occurring) substitute "booking services". 23 Schedule 1—Information to be recorded and kept by booking service providers (1) In the heading to Schedule 1 to the Principal Regulations, for "network service providers" substitute "booking service providers". (2) In clause 1 of Schedule 1 to the Principal Regulations, for "taxi-cab network services" substitute "booking services". -- 9 of 11 -- Part 3—Amendment of the Transport (Infringements) Regulations 2010 Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017 S.R. No. 105/2017 8 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of the Transport (Infringements) Regulations 2010 24 Transport Infringements—Table 8 of Schedule 3 amended After item 171 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 2 insert— " 171A reg. 29A Hirer failing to pay fare 2·5 penalty units 2647". ═════════════ -- 10 of 11 -- Endnotes Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017 S.R. No. 105/2017 9 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 50/2017. 2 Reg. 24: S.R. No. 4/2010. Reprint No. 2 as at 1 July 2017. Reprinted to S.R. No. 51/2017. —— 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 2017 is $158.57. 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. -- 11 of 11 --