Transport (Taxi-Cabs) (Amendment) Regulations 2008

Transport (Taxi-Cabs) (Amendment) Regulations 2008 S.R. No. 74/2008 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Taxi-cab construction or equipment 3 7 New regulation 13A inserted 3 13A Use of equipment 3 8 Passenger routes 4 9 Fares and additional charges 4 10 Regulation 41 substituted 5 41 Capacity to pay 5 11 Payment of fares and additional charges 7 12 Taximeters 8 13 New regulation 46A inserted 9 46A No drinking liquor or possessing open liquor containers 9 14 Revocation 9 15 Amendment of the Transport (Taxi-cab Industry Accreditation) Regulations 2007 10 ═══════════════ ENDNOTES 11 i -- 1 of 12 -- STATUTORY RULES 2008 S.R. No. 74/2008 Transport Act 1983 Transport (Taxi-Cabs) (Amendment) Regulations 2008 The Administrator of the State of Victoria as the Governor's deputy with the advice of the Executive Council, makes the following Regulations: Dated: 24 June 2008 Responsible Minister: LYNNE KOSKY Minister for Public Transport RYAN HEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to amend the Transport (Taxi-Cabs) Regulations 2005 to— (i) clarify and extend the requirements relating to the installation of equipment in or on, the fitting of equipment to and the use of equipment in, taxi-cabs; (ii) further protect the interests of hirers of taxi-cabs in relation to the charging of an additional fee and the provision of receipts; (iii) further protect the interests of drivers of taxi-cabs in relation to capacity to pay; 1 -- 2 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 r. 2 (iv) prohibit the drinking of alcohol and possession of open containers of alcohol; (v) remove the expiry date; and (b) to alter the commencement date of regulations 12, 15, 16 and 17 of the Transport (Taxi-cab Industry Accreditation) Regulations 2007. 2 Authorising provisions These Regulations are made under sections 162 and 256 of the Transport Act 1983. 3 Commencement (1) These Regulations (except regulations 8 and 10) come into operation on 29 June 2008. (2) Regulations 8 and 10 come into operation on 1 October 2008. 4 Principal Regulations In these Regulations, the Transport (Taxi-Cabs) Regulations 20051 are called the Principal Regulations. 5 Definitions (1) In regulation 3(1) of the Principal Regulations insert the following definition— "hirer in relation to a taxi-cab, includes a person who is attempting to hire the taxi-cab;"; (2) In regulation 3(1) of the Principal Regulations in paragraph (c) of the definition of termination, after "36(1)" insert "or 41(7)". 2 -- 3 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 r. 6 6 Taxi-cab construction or equipment After regulation 13(2) of the Principal Regulations insert— "(3) The operator or owner or driver of a taxi-cab must not install any equipment in or on, or fit any equipment to, the taxi-cab without the written approval of the licensing authority. Penalty: 15 penalty units. (4) The operator or owner or driver of a taxi-cab must not permit any equipment to be installed in or on, or fitted to, the taxi-cab without the written approval of the licensing authority. Penalty: 15 penalty units. (5) Subregulations (3) and (4) do not apply to equipment installed in or on, or fitted to, the taxi-cab in compliance with— (a) any other provision of these Regulations; or (b) the conditions of the licence applicable to the taxi-cab or the class of taxi-cab to which the taxi-cab belongs.". 7 New regulation 13A inserted After regulation 13 of the Principal Regulations insert— "13A Use of equipment (1) The operator or owner or driver of a taxi-cab must not use, or permit to be used, any equipment in the taxi-cab, in connection with the operation of the taxi-cab without the written approval of the licensing authority. Penalty: 15 penalty units. 3 -- 4 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 r. 8 (2) Subregulation (1) does not apply to the use of— (a) a mobile phone; or (b) equipment installed in or on, or fitted to, the taxi-cab in compliance with— (i) regulation 13 or any other provision of these Regulations; or (ii) the conditions of the licence applicable to the taxi-cab or the class of taxi-cab to which the taxi- cab belongs; or (c) equipment for the purpose of maintenance, repair or testing of— (i) the taxi-cab; or (ii) equipment referred to in paragraph (b); or (d) equipment, or a type of equipment, approved by the licensing authority for that use.". 8 Passenger routes (1) In regulation 29(1) of the Principal Regulations, after "36(1)" insert "or 41(7)". (2) In regulation 29(2) of the Principal Regulations, after "36(1)" insert "or 41(7)". 9 Fares and additional charges (1) In regulation 39(3) of the Principal Regulations, for "The operator" substitute "Subject to subregulation (4), the operator". 4 -- 5 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 r. 10 (2) After regulation 39(3) of the Principal Regulations insert— "(4) If an agreement under subregulation (3) is made after the start of the hiring, the fee may only be charged if a suitable notice is displayed— (a) advising that the fee will be charged in the relevant circumstances; and (b) specifying either the amount of the fee or how the fee is to be calculated. (5) For the purposes of subregulation (4)— suitable notice means a notice— (a) approved by the licensing authority; and (b) displayed in the taxi-cab so as to be clearly visible at all times.". 10 Regulation 41 substituted For regulation 41 of the Principal Regulations substitute— "41 Capacity to pay (1) Before a hiring (other than a prepayment hiring) starts or at any time during the hiring, the driver of a taxi-cab may give the hirer an estimate of the fare for the hiring. (2) Before a prepayment hiring starts, the driver of a taxi-cab must give the hirer an estimate of the fare for the hiring. (3) If the driver of a taxi-cab has given the hirer of the taxi-cab an estimate of the fare in accordance with subregulation (1) or (2), the driver may, before the hiring starts or at any time during the hiring, ask the hirer to 5 -- 6 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 r. 10 demonstrate that the hirer is able to pay the amount of the estimate. (4) If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (1), the driver may, before the hiring starts or at any time during the hiring, require the hirer to pay a deposit of up to the amount of the estimate. (5) If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (2), the hirer must, before the hiring starts, pay to the driver a deposit equal to the amount of the estimate unless the driver waives payment of the deposit under subregulation (6). (6) The driver of a taxi-cab may waive payment of a deposit under subregulation (5) if the driver is reasonably satisfied that the hirer is able to pay the amount of the estimate of the fare. (7) The driver of a taxi-cab may refuse to carry, or to continue to carry, (as the case requires) a hirer and any person accompanying the hirer if the hirer— (a) does not demonstrate to the driver's reasonable satisfaction that the hirer is able to pay the amount of the estimate of the fare for the hiring; or (b) does not pay a deposit required under subregulation (4) or (5). (8) The driver of a taxi-cab must give the hirer a receipt for the deposit if asked to do so by a hirer who has paid a deposit required under subregulation (4) or (5). Penalty: 5 penalty units. 6 -- 7 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 r. 11 (9) If a hirer has paid a deposit in accordance with subregulation (4) or (5), on the termination of hiring the driver of the taxi- cab must— (a) if the amount of deposit is less than the fare and additional charges for the hiring, deduct that amount from the amount to be paid by the hirer; or (b) if the amount of the deposit exceeds the fare and additional charges for the hiring, repay to the hirer the amount in excess of the fare and additional charges. Penalty: 10 penalty units (10) In this regulation— deposit means an amount paid as security against the payment in full of the fare and any additional charges for a hiring in accordance with regulation 43; prepayment hiring means a hiring starting between the hours of 10.00 p.m. and 5.00 a.m.". 11 Payment of fares and additional charges (1) For regulation 43(6) of the Principal Regulations substitute— "(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 7 -- 8 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 r. 12 (b) unless the hirer declines the offer, give the hirer the receipt produced in accordance with subregulation (6A). Penalty: 10 penalty units. (6A) For the purposes of subregulation (6)(b), the driver of a taxi-cab must use electronic facilities to produce the receipt if those facilities are installed, or otherwise capable of being used, in the taxi-cab and are not disabled by any failure or malfunction.". (2) For regulation 43(7)(a) of the Principal Regulations substitute— "(a) unless the receipt has been produced using electronic facilities, the driver's signature;". (3) After regulation 43(7)(c) of the Principal Regulations insert— "(ca) the driver's Australian Business Number (ABN) (if any);". 12 Taximeters (1) For regulation 44(1) of the Principal Regulations substitute— "(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.". (2) Before subregulation 44(3)(a) of the Principal Regulations insert— "(aa) have been tested and sealed by a person authorised to do so by the licensing authority; and". 8 -- 9 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 r. 13 (3) For regulation 44(5) of the Principal Regulations substitute— "(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.". 13 New regulation 46A inserted After regulation 46 of the Principal Regulations insert— "46A No drinking liquor or possessing open liquor containers (1) A passenger in a taxi-cab must not drink from a container that contains, or purports to contain, liquor. Penalty: 5 penalty units. (2) A passenger in a taxi-cab must not possess an open container that contains, or purports to contain, liquor. Penalty: 5 penalty units. (3) In this regulation— liquor has the same meaning as in section 3 of the Liquor Control Reform Act 1998.". 14 Revocation Part 6 of the Principal Regulations is revoked. 9 -- 10 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 r. 15 15 Amendment of the Transport (Taxi-cab Industry Accreditation) Regulations 2007 In regulation 3(2) of the Transport (Taxi-cab Industry Accreditation) Regulations 20072, for "30 June 2008" substitute "31 March 2009 ". ═══════════════ 10 -- 11 of 12 -- S.R. No. 74/2008 Transport (Taxi-Cabs) (Amendment) Regulations 2008 Endnotes ENDNOTES 1 Reg. 4: S.R. No. 67/2005 as amended by S.R. Nos 69/2007 and 149/2007. 2 Reg. 15: S.R. No. 149/2007. 11 -- 12 of 12 --