Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport (Compliance and Miscellaneous) (Taxi- Cabs) Amendment Regulations 2011 S.R. No. 74/2011 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provisions 2 3 Commencement 2 PART 2—AMENDMENT TO THE TRANSPORT (TAXI-CAB INDUSTRY ACCREDITATION) REGULATIONS 2007 3 4 Definitions 3 PART 3—AMENDMENTS TO THE TRANSPORT (TAXI-CAB LICENCES - MARKET AND TRADING) REGULATIONS 2005 4 5 Authorising provision 4 6 Determination of area 4 7 Specification of exchanges 4 8 Exemptions 5 9 Requirements in relation to records 5 10 New regulation 15 inserted 5 15 Transitional provision—regulatory instruments 5 PART 4—AMENDMENTS TO THE TRANSPORT (TAXI-CABS) REGULATIONS 2005 6 11 Authorising provisions 6 12 Definitions 6 13 Photo display for taxi-cab drivers 6 14 Director may issue driver's photo card 6 15 Driver's photo to be displayed in taxi-cab 6 -- 1 of 14 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 16 New Part 6 inserted 7 PART 6—TRANSITIONAL PROVISIONS— TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (TAXI-CABS) AMENDMENT REGULATIONS 2011 7 48 Definition 7 49 Regulatory instruments 7 50 Approval to fit a security camera to a taxi-cab 10 51 Approval of uniform design 11 ═══════════════ ENDNOTES 12 -- 2 of 14 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 74/2011 Transport (Compliance and Miscellaneous) Act 1983 Transport (Compliance and Miscellaneous) (Taxi- Cabs) Amendment Regulations 2011 The Governor in Council makes the following Regulations: Dated: 26 July 2011 Responsible Minister: TERRY MULDER Minister for Public Transport MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to amend the following Regulations as a consequence of amendments to the Transport (Compliance and Miscellaneous) Act 1983 made by the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011— (a) the Transport (Taxi-cab Industry Accreditation) Regulations 2007; (b) the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005; (c) the Transport (Taxi-Cabs) Regulations 2005. -- 3 of 14 -- Part 1—Preliminary Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provisions These Regulations are made under sections 256 and 318 of the Transport (Compliance and Miscellaneous) Act 1983. 3 Commencement These Regulations come into operation on 1 August 2011. __________________ r. 2 -- 4 of 14 -- Part 2—Amendment to the Transport (Taxi-Cab Industry Accreditation) Regulations 2007 Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT TO THE TRANSPORT (TAXI-CAB INDUSTRY ACCREDITATION) REGULATIONS 2007 4 Definitions In the note at the foot of the definition of taximeter in regulation 4 of the Transport (Taxi- cab Industry Accreditation) Regulations 20071 , for "Director of Public Transport" substitute "Secretary to the Department of Transport". __________________ r. 4 -- 5 of 14 -- Part 3—Amendments to the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005 Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 4 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO THE TRANSPORT (TAXI-CAB LICENCES - MARKET AND TRADING) REGULATIONS 2005 5 Authorising provision (1) In the heading to regulation 2 of the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005 2 , for "provision" substitute "provisions". (2) In regulation 2 of the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005, for "section 162" substitute "sections 162 and 318". 6 Determination of area (1) In regulation 5 of the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005, for "Director" substitute "licensing authority". (2) At the foot of regulation 5 of the Transport (Taxi- Cab Licences - Market and Trading) Regulations 2005 insert— "Note The licensing authority is defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Secretary to the Department of Transport.". 7 Specification of exchanges (1) In regulation 7(1) and (2) of the Transport (Taxi- Cab Licences - Market and Trading) Regulations 2005, for "Director" substitute "licensing authority". (2) In regulation 7(3) of the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005, for "Director" (wherever occurring) substitute "licensing authority". r. 5 -- 6 of 14 -- Part 3—Amendments to the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005 Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 5 Authorised by the Chief Parliamentary Counsel 8 Exemptions In regulation 10 of the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005, for "Director" (where twice occurring) substitute "licensing authority". 9 Requirements in relation to records In regulation 13(1)(a) of the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005, for "Director" substitute "licensing authority". 10 New regulation 15 inserted After regulation 14 of the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005 insert— "15 Transitional provision—regulatory instruments (1) In this regulation— regulatory instrument means— (a) a notice published in the Government Gazette under regulation 5 determining an area for the purposes of the definition of designated taxi-cab licence; (b) a notice published in the Government Gazette under regulation 7(1) specifying a system or rules for the purposes of these Regulations. (2) On and after 1 August 2011, every reference to the Director in a regulatory instrument must be construed as a reference to the Secretary unless the context otherwise requires.". __________________ r. 8 -- 7 of 14 -- Part 4—Amendments to the Transport (Taxi-Cabs) Regulations 2005 Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 6 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS TO THE TRANSPORT (TAXI- CABS) REGULATIONS 2005 11 Authorising provisions In regulation 2 of the Transport (Taxi-Cabs) Regulations 2005 3 , for "and 256" substitute ", 256 and 318". 12 Definitions At the foot of the definition of approved arrangements in regulation 3(1) of the Transport (Taxi-Cabs) Regulations 2005 insert— "Note The licensing authority is defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Secretary to the Department of Transport.". 13 Photo display for taxi-cab drivers In regulation 6(1) of the Transport (Taxi-Cabs) Regulations 2005, for "Director" (wherever occurring) substitute "licensing authority". 14 Director may issue driver's photo card (1) In the heading to regulation 7 of the Transport (Taxi-Cabs) Regulations 2005, for "Director" substitute "Licensing authority". (2) In regulation 7 of the Transport (Taxi-Cabs) Regulations 2005, for "Director" (where twice occurring) substitute "licensing authority". 15 Driver's photo to be displayed in taxi-cab In regulation 8 of the Transport (Taxi-Cabs) Regulations 2005, for "Director" substitute "licensing authority". r. 11 -- 8 of 14 -- Part 4—Amendments to the Transport (Taxi-Cabs) Regulations 2005 Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 7 Authorised by the Chief Parliamentary Counsel 16 New Part 6 inserted After Part 5 of the Transport (Taxi-Cabs) Regulations 2005 insert— "PART 6—TRANSITIONAL PROVISIONS— TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (TAXI-CABS) AMENDMENT REGULATIONS 2011 48 Definition In this part— commencement day means 1 August 2011. 49 Regulatory instruments (1) On the commencement day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given or issued by the Secretary. Note Before the commencement day, the licensing authority was defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Director of Public Transport. (2) On and after the commencement day, every reference to the Director in a regulatory instrument must be construed as a reference to the Secretary unless the context otherwise requires. (3) In this regulation— regulatory instrument means— (a) a driver's photo card; (b) an approval of a position for display of a driver's photo card given under regulation 8; r. 16 -- 9 of 14 -- Part 4—Amendments to the Transport (Taxi-Cabs) Regulations 2005 Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 8 Authorised by the Chief Parliamentary Counsel (c) a notification that a licence is suspended, cancelled or revoked given under regulation 10(2)(a); (d) specifications determined and published under regulation 12(1); (e) an authorisation of a person to inspect vehicles and make findings as to fitness and serviceability given under regulation 13(2); (f) an approval to use equipment given under regulation 13A(1); (g) an approval of an emergency warning device given under regulation 14(1); (h) an approval of a security camera given under regulation 15(1); (i) an approval of a manner of fitting a security camera to a taxi-cab given under regulation 15(1); (j) an approval of a protective screen given under regulation 16(1); (k) an approval of the manner of fitting a protective screen given under regulation 16(2); (l) an approval of a boot lock release device given under regulation 17(1); (m) an authorisation of a person to require that a taxi-cab be produced for inspection given under regulation 19(1); r. 16 -- 10 of 14 -- Part 4—Amendments to the Transport (Taxi-Cabs) Regulations 2005 Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 9 Authorised by the Chief Parliamentary Counsel (n) an authorisation of a person to inspect taxi-cabs given under regulation 19(1)(d); (o) an authorisation of a person, given under regulation 20(1), to serve a notice under that subregulation; (p) an authorisation of a person, given under regulation 21(1), to require the provision of evidence under that subregulation; (q) an approval of a type or design given under regulation 23(1); (r) a specification of manner and location made under regulation 23(1); (s) an approval of a manner of display given under regulation 24(1); (t) an approval of a colour or colours given under regulation 24(2); (u) an approval of a sign given under regulation 25(1); (v) an approval of an indicator lamp and the position of fitting the lamp given under regulation 26; (w) an approval of a type and dimensions of lettering given under regulation 27(1); (x) an approval of a uniform design given under regulation 32(4); (y) an approval of a notice given under regulation 39(5); (z) an approval of a type of taximeter given under regulation 44(1); r. 16 -- 11 of 14 -- Part 4—Amendments to the Transport (Taxi-Cabs) Regulations 2005 Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 10 Authorised by the Chief Parliamentary Counsel (za) an authorisation of a person to test and seal a taximeter given under regulation 44(3); (zb) an approval of a position for locating a taximeter given under regulation 44(3); (zc) an authorisation of a person to test a substitute taximeter given under regulation 44(5); (zd) an authorisation of a person to recalibrate, test and seal a taximeter given under regulation 44(6); (ze) an authorisation of a person, given under regulation 44(7), to give notice requiring that a taximeter be inspected and tested; (zf) an authorisation of a person to inspect and test a taximeter given under regulation 44(7); (zg) an authorisation of a person to inspect, test and seal a taximeter given under regulation 44(9). 50 Approval to fit a security camera to a taxi-cab (1) This regulation applies if, before the commencement day, the operator of a taxi- cab has applied to the licensing authority under regulation 15(4) for approval to fit a security camera to the taxi-cab and the Director has not made a decision whether to approve the fitting of a camera before that day. r. 16 -- 12 of 14 -- Part 4—Amendments to the Transport (Taxi-Cabs) Regulations 2005 Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 11 Authorised by the Chief Parliamentary Counsel (2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary. 51 Approval of uniform design (1) This regulation applies if, before the commencement day— (a) the Director has given a notice to a relevant accredited person under regulation 32(1) to determine a uniform design and apply to the licensing authority for approval of the uniform design; or (b) a relevant accredited person has applied to the licensing authority under regulation 32(2) for approval of a uniform design— and the Director has not made a decision whether to approve the uniform design before that day. (2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary. __________________". ═══════════════ r. 16 -- 13 of 14 -- Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011 S.R. No. 74/2011 12 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 149/2007 as amended by S.R. No. 74/2008. 2 Reg. 5: S.R. No. 164/2005 as amended by S.R. No. 41/2008. 3 Reg. 11: S.R. No. 67/2005. Reprint No. 1 as at 1 October 2008. Reprinted to S.R. No. 74/2008. Subsequently amended by S.R. Nos 149/2007 and 90/2010. Endnotes -- 14 of 14 --