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Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 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, photo cards, licences and records 5 Division 1—Driver accreditation 5 6 Application of this Division 5 7 Prescribed class of person to give medical certificate 5 8 Test of acuteness of vision 5 Division 2—Photo cards for taxi-cab drivers 5 9 Photo display for taxi-cab drivers 5 10 Licensing authority may issue driver's photo card 6 11 Driver's photo to be displayed in taxi-cab 6 Division 3—Licences 7 12 Commercial passenger vehicle licences 7 Division 4—Records 7 13 Records 7 14 Record keeping—non-taxi commercial passenger vehicles 8 Part 3—Vehicles 10 Division 1—Taxi-cabs 10 15 Taxi-cab specifications 10 16 Emergency warning devices 10 17 Security cameras 11 18 Protective screens 12 19 Air conditioner 12 20 Inspection of taxi-cabs 12 -- 1 of 53 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 21 Notice to rectify defects 13 22 Evidence of inspection 15 23 Interference with equipment in or on taxi-cab 15 Division 2—Non-taxi commercial passenger vehicles 16 24 Application of this Division 16 25 Number plates, signs, symbols, notices and labels 16 26 Inspection of non-taxi commercial passenger vehicles 16 27 Damaged vehicle not to be used until safe 18 Division 3—Non-taxi commercial passenger vehicle drivers 18 28 Driver must not consume alcohol 18 Part 4—Livery, lamps, signs etc. 19 29 Signs, symbols, notices, labels and fittings 19 30 Information about maximum fares or hiring rates 19 31 Livery 20 32 Sign on taxi-cab 20 33 Tariff lamps 21 Part 5—Vehicle operations 24 Division 1—Driver responsibilities 24 34 Passenger routes 24 35 Destination signs 25 36 Driver to remain with taxi-cab 25 37 Driver's appearance 26 38 Animals 26 39 Passenger amenities 27 40 Picking up and setting down passengers 27 41 Passenger behaviour 28 42 Passenger assistance 28 43 Taxi zones 29 Division 3—Fares, charges and taximeters 29 44 Fares and additional charges 29 45 Multiple hirings 31 46 Capacity to pay 31 47 Payment of fares and additional charges 33 48 Taximeters 35 49 Operation of taximeters 38 50 Prescribed information—notices of maximum fares or hiring rates 40 -- 2 of 53 -- Regulation Page iii Authorised by the Chief Parliamentary Counsel Division 4—General 41 51 Smoking prohibited in taxi-cabs 41 52 No drinking liquor or possessing open liquor containers 41 53 Identity cards for taxi compliance officers 42 Part 6—Taxi non-cash payment surcharges 43 54 Records to be kept of non-cash payment surcharges 43 Part 7—Trading in taxi-cab licences 46 55 Authorisation to trade in taxi-cab licences 46 Part 8—Expiry of Regulations 47 56 Expiry of Regulations 47 Schedule 1—Test of acuteness of vision 48 ═══════════════ Endnotes 50 -- 3 of 53 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 67/2016 Transport (Compliance and Miscellaneous) Act 1983 Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 The Governor in Council makes the following Regulations: Dated: 21 June 2016 Responsible Minister: JACINTA ALLAN Minister for Public Transport ANDREW ROBINSON Clerk of the Executive Council 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; and (b) the inspection of commercial passenger vehicles; and (c) taxi-cab equipment, appearance and operation; and -- 4 of 53 -- Part 1—Preliminary matters Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 2 Authorised by the Chief Parliamentary Counsel (d) hirings, the charging and payment of fares and charges and the operation of taximeters; and (e) the conduct of passengers. 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 26 June 2016. 4 Revocations The following Regulations are revoked— (a) Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 20051; (b) Transport (Taxi-Cabs) (Amendment) Regulations 20072; (c) Transport (Passenger Vehicles) and Transport (Taxi-Cabs) Amendment (Passenger Numbers) Regulations 20103; (d) Transport (Taxi-Cabs) Amendment Regulations 20144. 5 Definitions (1) In these Regulations— drive means— (a) in relation to a commercial passenger vehicle, to be in control of that commercial passenger vehicle; or -- 5 of 53 -- Part 1—Preliminary matters Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 3 Authorised by the Chief Parliamentary Counsel (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; driver, in relation to a commercial passenger vehicle, means any person who drives a commercial passenger vehicle; driver's photo card means a card issued to the holder of a taxi-cab driver accreditation under regulation 10; externally-administered body corporate has the same meaning as in the Corporations Act; 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 licensed vehicle tester 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; taxi-cab driver accreditation means driver accreditation accrediting a person to drive a taxi-cab; taximeter means a mechanical, electrical or electronic instrument approved by the licensing authority that records and displays information about taxi-cab fares and hiring charges; -- 6 of 53 -- Part 1—Preliminary matters Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 4 Authorised by the Chief Parliamentary Counsel taxi zone means a taxi zone within the meaning of the Road Safety Road Rules 2009; 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; or (c) the driver of the taxi-cab has refused in accordance with regulation 41(1) or 46(7) to continue to carry the hirer or a person accompanying the hirer; 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. -- 7 of 53 -- Part 2—Driver accreditation, photo cards, licences and records Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 5 Authorised by the Chief Parliamentary Counsel Part 2—Driver accreditation, photo cards, licences and records Division 1—Driver accreditation 6 Application of this Division This Division applies to an applicant for, or holder of, a driver accreditation under Part VI of the Act. 7 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. 8 Test of acuteness of vision For the purposes of section 167(2)(b) of the Act, a 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. Division 2—Photo cards for taxi-cab drivers 9 Photo display for taxi-cab drivers (1) The licensing authority may require the holder of a taxi-cab driver accreditation— (a) to be photographed or have a digitised image of the holder made, at a place and in a manner specified by the licensing authority; and -- 8 of 53 -- Part 2—Driver accreditation, photo cards, licences and records Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 6 Authorised by the Chief Parliamentary Counsel (b) to give the licensing authority 3 recent colour passport size photographs of the holder showing the holder's head and full face only. (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. 10 Licensing authority may issue driver's photo card The licensing authority may issue a card to the holder of a taxi-cab driver accreditation that includes— (a) a photograph or digitised image of the holder obtained by the licensing authority under regulation 9 or 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. 11 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 of 53 -- Part 2—Driver accreditation, photo cards, licences and records Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 7 Authorised by the Chief Parliamentary Counsel Division 3—Licences 12 Commercial passenger vehicle licences (1) 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 (b) the licence is suspended or revoked by force of section 156A of the Act. Penalty: 10 penalty units. (2) 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. Division 4—Records 13 Records (1) A police officer may request an operator of a taxi-cab to— (a) make available a specified record to the officer for inspection by the officer; or (b) give the officer, within a period specified by the officer, an accurate copy of a specified record. (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. -- 10 of 53 -- Part 2—Driver accreditation, photo cards, licences and records Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 8 Authorised by the Chief Parliamentary Counsel (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 operator is required to keep under regulation 7 of those Regulations. 14 Record keeping—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 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 (2) 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 (2) for a period of at least 3 years from the date the last entries in the records were made. Penalty: 10 penalty units. -- 11 of 53 -- Part 2—Driver accreditation, photo cards, licences and records Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 9 Authorised by the Chief Parliamentary Counsel (5) A licence holder to whom this regulation applies must keep the records referred to in subregulation (2) in the English language. Penalty: 5 penalty units. (6) If requested 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 (2) available for inspection. Penalty: 10 penalty units. (7) If requested by the licensing authority or a person approved by the licensing authority, a licence holder to whom this regulation applies must give an accurate copy of any part or all of the records referred to in subregulation (2) to the authority or person making the request within the time specified in the request. Penalty: 10 penalty units. -- 12 of 53 -- Part 3—Vehicles Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 10 Authorised by the Chief Parliamentary Counsel Part 3—Vehicles Division 1—Taxi-cabs 15 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) that apply 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 apply 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 taxi-cab is licensed to operate. 16 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 that complies with subregulation (2). Penalty: 10 penalty units. -- 13 of 53 -- Part 3—Vehicles Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 11 Authorised by the Chief Parliamentary Counsel (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 the normal driving position. (3) In addition to an emergency warning device referred to in 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) If the operator fits, or causes to be fitted, any additional emergency warning device, that device must be fitted in a manner approved by the licensing authority. Penalty: 10 penalty units. 17 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. (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. (3) This regulation applies to a taxi-cab if it is required by a condition of the licence under which the taxi-cab is operated to be fitted with a security camera approved by the licensing authority. -- 14 of 53 -- Part 3—Vehicles Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 12 Authorised by the Chief Parliamentary Counsel 18 Protective screens (1) The operator, the owner or the driver of a taxi-cab may fit inside the taxi-cab a protective screen approved by the licensing authority. (2) If the operator, owner or driver of a taxi-cab fits a protective screen, the screen must be fitted in a manner approved by the licensing authority. Penalty: 10 penalty units. 19 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. (2) The driver of a taxi-cab must not operate the taxi-cab 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. 20 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 at or within a time specified by the officer, licensing authority or person for inspection by— (a) a police officer; or (b) a licensed taxi tester; or (c) a licensed vehicle tester; or -- 15 of 53 -- Part 3—Vehicles Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 13 Authorised by the Chief Parliamentary Counsel (d) a person authorised by the licensing authority to inspect taxi-cabs. (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 the driver has control of the taxi-cab, of that fact. Penalty: 5 penalty units. (3) If an operator of a taxi-cab receives advice in respect of a requirement under subregulation (2)(a), 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 taxi-cab (as the case may be) must comply with the requirement. Penalty: 20 penalty units. 21 Notice to rectify defects (1) If a taxi-cab is unsuitable or unfit for use as a taxi-cab 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. -- 16 of 53 -- Part 3—Vehicles Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 14 Authorised by the Chief Parliamentary Counsel (2) A notice under subregulation (1) must— (a) include sufficient details to identify the taxi-cab; 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— (i) a police officer; or (ii) a licensed taxi tester; or (iii) a licensed vehicle tester; or (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 taxi-cab 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 -- 17 of 53 -- Part 3—Vehicles Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 15 Authorised by the Chief Parliamentary Counsel licensing authority or a person authorised by the licensing authority to inspect taxi-cabs. Penalty: 20 penalty units. 22 Evidence of inspection (1) If an inspection of a taxi-cab is required under regulation 20(1) or by a notice served under regulation 21(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 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. 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. -- 18 of 53 -- Part 3—Vehicles Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 16 Authorised by the Chief Parliamentary Counsel Division 2—Non-taxi commercial passenger vehicles 24 Application of this Division This Division applies to a holder of a commercial passenger vehicle licence that is not a taxi-cab licence. 25 Number plates, signs, symbols, notices and labels (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. (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. 26 Inspection of non-taxi commercial passenger vehicles (1) The licensing authority, a person authorised 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 -- 19 of 53 -- Part 3—Vehicles Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 17 Authorised by the Chief Parliamentary Counsel (b) a person authorised 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 under this regulation 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 (b) does not comply with the Act or these Regulations or with any condition of the relevant licence. (4) A notice served 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. -- 20 of 53 -- Part 3—Vehicles Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 18 Authorised by the Chief Parliamentary Counsel (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. 27 Damaged vehicle not to be used until safe 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. Penalty: 20 penalty units. Division 3—Non-taxi commercial passenger vehicle drivers 28 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. -- 21 of 53 -- Part 4—Livery, lamps, signs etc. Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 19 Authorised by the Chief Parliamentary Counsel Part 4—Livery, lamps, signs etc. 29 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. 30 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 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, unless information about the maximum fares or -- 22 of 53 -- Part 4—Livery, lamps, signs etc. Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 20 Authorised by the Chief Parliamentary Counsel 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. 31 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. 32 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 -- 23 of 53 -- Part 4—Livery, lamps, signs etc. Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 21 Authorised by the Chief Parliamentary Counsel (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 when— (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 under 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. 33 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 under regulation 32. Penalty: 10 penalty units. -- 24 of 53 -- Part 4—Livery, lamps, signs etc. Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 22 Authorised by the Chief Parliamentary Counsel (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 taxi-cab 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 32(1). Penalty: 10 penalty units. (3) The operator of a taxi-cab must ensure that— (a) the nearside lamp required to be fitted in accordance with 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. (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. -- 25 of 53 -- Part 4—Livery, lamps, signs etc. Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 23 Authorised by the Chief Parliamentary Counsel (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. -- 26 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 24 Authorised by the Chief Parliamentary Counsel Part 5—Vehicle operations Division 1—Driver responsibilities 34 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 35, 41(1) or 46(7) to carry, or to continue to carry, the passenger. 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 35, 41(1) or 46(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 that the hirer wishes to be taken, the driver of the taxi-cab must take the most direct practicable route from the place where the taxi-cab was hired to the intended destination of the hirer. Penalty: 10 penalty units. (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. -- 27 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 25 Authorised by the Chief Parliamentary Counsel 35 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 outside of the taxi-cab so as to be clearly visible; and (b) the place where the person wants to be taken to is— (i) outside a 5 kilometre radius of the centre 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. 36 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 designated as a meal stand, 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 (c) the driver is picking up or delivering goods; or -- 28 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 26 Authorised by the Chief Parliamentary Counsel (d) the driver has a reasonable cause not to be with the taxi-cab. Penalty: 5 penalty units. 37 Driver's appearance (1) While operating a taxi-cab, the driver of the taxi-cab must wear a uniform that conforms to a design approved by a relevant person. Penalty: 5 penalty units. (2) In this regulation, relevant person means— (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. 38 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 (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. -- 29 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 27 Authorised by the Chief Parliamentary Counsel (2) The driver of a taxi-cab must accept an assistance animal for carriage in the taxi-cab with a hirer. Penalty: 10 penalty units. (3) In this regulation— assistance animal has the same meaning as it has in the Disability Discrimination Act 1992 of the Commonwealth. 39 Passenger amenities (1) The driver of a taxi-cab must, unless complying with the request would cause unreasonable discomfort to the driver, 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. Penalty: 5 penalty units. (2) The driver of a taxi-cab must comply with a reasonable request by a passenger— (a) to turn the music system or radio in the taxi- cab off; or (b) to operate the music system or radio at a lower level. Penalty: 5 penalty units. 40 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. -- 30 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 28 Authorised by the Chief Parliamentary Counsel (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 taxi-cabs or other vehicles. Penalty: 10 penalty units. 41 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 that is not able to be safely and securely accommodated within the taxi-cab. (2) Despite subregulation (1)(a), the driver of a taxi-cab 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. 42 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. -- 31 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 29 Authorised by the Chief Parliamentary Counsel 43 Taxi zones (1) 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. (2) The driver of a taxi-cab that 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. 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 34(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. Division 3—Fares, charges and taximeters 44 Fares and additional charges (1) The driver of a taxi-cab must not make a charge for the hiring of a 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. -- 32 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 30 Authorised by the Chief Parliamentary Counsel (2) Unless these Regulations allow, 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 price determination made by 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. (4) The operator or driver of a taxi-cab may agree with the hirer of the taxi-cab to charge a fee in excess of— (a) a fare or hiring rate specified in a price determination made by the Essential Services Commission under Division 5A of Part VI of the Act; or (b) the maximum fare or hiring rates submitted to the licensing authority under section 162EA of the Act in respect of that taxi-cab— if payment of the fare and additional charges are to be made at a time other than immediately after the termination of the hiring. (5) If an agreement under subregulation (4) is made after the start of the hiring, the fee may only be charged if a suitable notice is displayed— (a) advising that the fee will be charged in the relevant circumstances; and -- 33 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 31 Authorised by the Chief Parliamentary Counsel (b) specifying either the amount of the fee or how the fee is to be calculated. (6) In this regulation— 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. 45 Multiple hirings The driver of a taxi-cab that 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. 46 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 under 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. -- 34 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 32 Authorised by the Chief Parliamentary Counsel (4) If the driver of a taxi-cab has given a hirer an estimate of the fare under 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 under 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 for the purposes of 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, 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. (9) If a hirer has paid a deposit under subregulation (4) or (5), on the termination of the hiring the driver of the taxi-cab must— -- 35 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 33 Authorised by the Chief Parliamentary Counsel (a) if the amount of the 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; prepayment hiring means a hiring starting between the hours of 10.00 p.m. and 5.00 a.m. 47 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 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. -- 36 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 34 Authorised by the Chief Parliamentary Counsel (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 (b) unless the hirer declines the offer, give the hirer the receipt produced in accordance with subregulation (6)(a). Penalty: 10 penalty units. -- 37 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 35 Authorised by the Chief Parliamentary Counsel (7) 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. (8) The driver of a taxi-cab must ensure that a receipt given under subregulation (6) is legible and contains the following— (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; (d) the driver's Australian Business Number (ABN) (if any); (e) all the items that make up the fare and any additional rates and charges; (f) the total amount paid; (g) the date of the payment. Penalty: 10 penalty units. 48 Taximeters (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 licensing authority, is fitted to the taxi-cab and the taximeter complies with subregulation (3). Penalty: 10 penalty units. -- 38 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 36 Authorised by the Chief Parliamentary Counsel (2) The driver of a taxi-cab must not operate the taxi-cab unless the taximeter fitted to the taxi-cab complies with subregulation (3). Penalty: 10 penalty units. (3) A taximeter in a taxi-cab must— (a) have been tested and sealed by a person authorised to do so by the licensing authority; and (b) 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 (c) be operational as required by these Regulations; and (d) have all of its seals intact; and (e) be located in a position that has been approved by the licensing authority; and (f) 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 taxi-cab must ensure that, at any given time, the taximeter being operated in the taxi-cab is the one that 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 taximeter is of a type approved by the licensing authority and is tested by a person authorised by the licensing authority. -- 39 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 37 Authorised by the Chief Parliamentary Counsel (6) If a component of a taxi-cab, or any equipment in or on the taxi-cab, that may affect the correct operation of the taximeter in that taxi-cab is altered or 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, an operator of the taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated until— (a) the taximeter has been repaired (if necessary); and (b) the taximeter has been inspected, tested and sealed by a person authorised by the licensing authority. Penalty: 10 penalty units. (10) 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, the driver of the taxi-cab must not operate the taxi-cab until— -- 40 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 38 Authorised by the Chief Parliamentary Counsel (a) the taximeter has been repaired (if necessary); and (b) the taximeter has been inspected, tested and sealed by a person authorised by the licensing authority. Penalty: 10 penalty units. 49 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 -- 41 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 39 Authorised by the Chief Parliamentary Counsel (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. (5) 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. (6) 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. (7) 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 45 applies, the last hirer, to alight from the taxi-cab at the termination of the hiring. Penalty: 10 penalty units. -- 42 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 40 Authorised by the Chief Parliamentary Counsel (8) In this regulation— wheelchair lifting subsidy means 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 Zone or Country Zone is specified. 50 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; -- 43 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 41 Authorised by the Chief Parliamentary Counsel (b) the name, business address, telephone number, email address and accreditation number of the person submitting the notice containing the information; (c) the taxi-cab zones specified in licences held by or assigned to the operator of the taxi-cab; (d) the 4 digit taxi-cab registration 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 will be charged; (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 Part VI of the Act. Division 4—General 51 Smoking prohibited in taxi-cabs A person must not smoke tobacco or any other substance in a taxi-cab. Penalty: 5 penalty units. 52 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. -- 44 of 53 -- Part 5—Vehicle operations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 42 Authorised by the Chief Parliamentary Counsel (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. 53 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 authorisation number or badge number. -- 45 of 53 -- Part 6—Taxi non-cash payment surcharges Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 43 Authorised by the Chief Parliamentary Counsel Part 6—Taxi non-cash payment surcharges 54 Records to be kept of non-cash payment surcharges (1) This regulation applies to a person who provides a non-cash payment processing service (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) A person to whom this regulation applies 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 (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 -- 46 of 53 -- Part 6—Taxi non-cash payment surcharges Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 44 Authorised by the Chief Parliamentary Counsel (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—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 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 a particular taxi-cab; and (vi) if the device is supplied by the person— (A) each operator or driver to whom the person supplies the device; and (B) the period during which the person supplies the device to a particular operator or driver. (3) A person to whom this regulation applies must keep the records described in subregulation (2) for a period of 5 years. -- 47 of 53 -- Part 6—Taxi non-cash payment surcharges Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 45 Authorised by the Chief Parliamentary Counsel (4) In this regulation— non-cash payment processing device has the same meaning as it has in section 228RA of the Act; non-cash payment processing service has the same meaning as it has in section 228RA of the Act; taxi non-cash payment surcharge has the same meaning as it has in section 228RA of the Act; taxi non-cash payment transaction has the same meaning as it has in section 228RA of the Act. 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. -- 48 of 53 -- Part 7—Trading in taxi-cab licences Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 46 Authorised by the Chief Parliamentary Counsel Part 7—Trading in taxi-cab licences 55 Authorisation to trade in taxi-cab licences For the purposes of section 150A(1) 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 corporation, an externally administered body corporate. -- 49 of 53 -- Part 8—Expiry of Regulations Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 47 Authorised by the Chief Parliamentary Counsel Part 8—Expiry of Regulations 56 Expiry of Regulations These Regulations expire on 27 June 2017. -- 50 of 53 -- Schedule 1—Test of acuteness of vision Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 48 Authorised by the Chief Parliamentary Counsel Schedule 1—Test of acuteness of vision Regulation 8 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. 4 In order to pass the test for acuteness of vision the applicant must— (a) correctly read line 5 with the applicant's right eye; and (b) correctly read line 5 with the applicant's left eye. -- 51 of 53 -- Schedule 1—Test of acuteness of vision Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 49 Authorised by the Chief Parliamentary Counsel 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 that— (a) contains the results of the test; and (b) states whether or not the applicant has passed the test. ═══════════════ -- 52 of 53 -- Endnotes Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2016 S.R. No. 67/2016 50 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4(a): S.R. No. 67/2005. Reprint No. 1 as at 1 October 2008. Reprinted to S.R. No. 74/2008. Subsequently amended by S.R. Nos 90/2010, 74/2011, 106/2011, 63/2014, 65/2014 and 49/2015. The title of these Regulations was changed from the Transport (Taxi-Cabs) Regulations 2005 by regulation 5 of the Transport (Taxi-Cabs), (Passenger Vehicles) and (Infringements) Amendment Regulations 2015, S.R. No. 49/2015. 2 Reg. 4(b): S.R. No. 69/2007. 3 Reg. 4(c): S.R. No. 90/2010. 4 Reg. 4(d): S.R. No. 63/2014. -- 53 of 53 --