Transport (Taxi-Cabs) Regulations 2005
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Transport (Taxi-Cabs) Regulations 2005
S.R. No. 67/2005
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY MATTERS 1
1. Objectives 1
2. Authorising provisions 2
3. Definitions 2
PART 2—CERTIFICATES, PHOTO CARDS, LICENCES AND
RECORD KEEPING REQUIREMENTS 5
Division 1—Driver's Certificates 5
4. Driver's certificates 5
5. Conditions of driver's certificates 5
6. Administrative requirements for certificates 6
7. Additional arrangements for driver's certificates 8
8. Driver's photo card 9
9. Operator must not allow uncertificated taxi-cab driving 9
Division 2—Licences 10
10. Taxi-cab licences 10
Division 3—Record Keeping 11
11. Books or records to be kept by operator 11
PART 3—VEHICLES 13
12. Taxi-cab specifications 13
13. Taxi-cab construction or equipment 13
14. Emergency warning devices 14
15. Security cameras 15
16. Protective screens 16
17. Boot lock release devices 16
18. Air conditioner 17
19. Inspection of taxi-cabs 17
20. Notice to rectify defects 18
21. Evidence of inspection 20
22. Interference with equipment in or on taxi-cab 20
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Regulation Page
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PART 4—LIVERY, LAMPS, SIGNS ETC. 21
23. Signs, symbols, notices, labels and fittings 21
24. Livery 22
25. Sign on roof of taxi-cab 22
26. Tariff lamps 23
27. Not for Hire signs 24
PART 5—VEHICLE OPERATIONS 26
Division 1—Passenger Numbers 26
28. Maximum number of passengers 26
Division 2—Driver Responsibilities 26
29. Passenger routes 26
30. Driver to remain with taxi-cab 27
31. Driver's appearance 28
32. Depot uniforms 28
33. Animals 29
34. Passenger amenities 29
35. Picking up and setting down passengers 30
36. Passenger behaviour 30
37. Passenger assistance 31
38. Taxi zones 31
Division 3—Fares, Charges and Taximeters 32
39. Fares and additional charges 32
40. Multiple hirings 33
41. Capacity to pay 33
42. Request for driver to return or wait 34
43. Payment of fares and additional charges 35
44. Taximeters 37
45. Operation of taximeters 39
Division 4—General 40
46. Smoking prohibited in taxi-cabs 40
47. Property found in taxi-cabs 41
PART 6—EXPIRY OF REGULATIONS 42
48. Regulations to cease to have force or effect 42
__________________
SCHEDULES 43
SCHEDULE 1—Test of Acuteness of Vision 43
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1
STATUTORY RULES 2005
S.R. No. 67/2005
Transport Act 1983
Transport (Taxi-Cabs) Regulations 2005
The Governor in Council makes the following Regulations:
Dated: 28 June 2005
Responsible Minister:
PETER BATCHELOR
Minister for Transport
RUTH LEACH
Acting 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
taxi-cab services, including requirements for or in
relation to—
(a) driver certification, conduct and
presentation;
(b) taxi-cab construction, equipment, appearance
and operation;
(c) hirings, the charging and payment of fares
and charges and the operation of taximeters;
(d) the conduct of passengers.
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2. Authorising provisions
These Regulations are made under sections 162
and 256 of the Transport Act 1983.
3. Definitions
(1) In these Regulations—
"Act" means the Transport Act 1983;
"drive" in relation to a taxi-cab, includes to be in
control of the taxi-cab;
"driver" in relation to a taxi-cab, means any
person who drives the taxi-cab;
"driver's certificate" means a driver's certificate
granted under section 156 of the Act which
authorises the holder to drive a taxi-cab;
"driver's photo card" means a card issued to the
holder of a driver's certificate under
regulation 8;
"licence" means a taxi-cab licence;
Note: "Taxi-cab" and "taxi-cab licence" are defined in
section 86 of the Act.
"licence holder" means the holder of a licence;
"licensed taxi tester" means a licensed vehicle
tester who is licensed under Part 6 of the
Road Safety (Vehicles) Regulations 1999 to
examine and test taxi-cabs;
"licensed vehicle tester" means a person who is
licensed under Part 6 of the Road Safety
(Vehicles) Regulations 1999 to examine and
test light vehicles within the meaning of
those Regulations;
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"operate" in relation to a taxi-cab, means to carry
passengers for hire or reward, and includes
to ply or stand for hire or to use the taxi-cab
in any other way for the purpose of carrying
passengers for hire or reward;
"operator" in relation to a taxi-cab, means—
(a) unless paragraph (b) applies, the holder
of the licence under which the taxi-cab
is operated; or
(b) if the right to operate the taxi-cab has
been assigned to a person under
section 150 of the Act, that person
while the assignment remains in force;
"registered medical practitioner" means a
registered medical practitioner within the
meaning of the Medical Practice Act 1994;
"registered optometrist" means a registered
optometrist within the meaning of the
Optometrists Registration Act 1996;
"taximeter" means a mechanical, electrical or
electronic instrument approved by the
licensing authority which records and
displays information about taxi-cab fares and
hiring charges;
Note: The licensing authority is defined in section 2(1) of
the Act to mean the Secretary to the Department of
Infrastructure.
"taxi zone" means a length of highway
designated as a taxi zone under the Road
Safety Act 1986;
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"termination" in relation to the hiring of a taxi-
cab, means the time when the hiring ends for
any reason including because—
(a) the agreed destination for the hiring has
been reached; or
(b) the hirer has requested the termination
before the agreed destination for the
hiring has been reached; or
(c) the driver of the taxi-cab has refused in
accordance with regulation 36(1) to
continue to carry the hirer or a person
accompanying the hirer.
(2) In these Regulations, a reference to a condition of
a licence includes a reference to a condition
attaching to a licence.
(3) For the purposes of these Regulations, a taxi-cab
is associated with a depot if it is operated through,
or under radio control from, the depot in
accordance with the licence under which the taxi-
cab is operated.
__________________
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Part 2—Certificates, Photo Cards, Licences and Record Keeping
Requirements
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PART 2—CERTIFICATES, PHOTO CARDS, LICENCES AND
RECORD KEEPING REQUIREMENTS
Division 1—Driver's Certificates
4. Driver's certificates
(1) Except as provided by sub-regulation (2), for the
purposes of section 156 of the Act a taxi-cab is
permitted to be driven only by a person who holds
a driver's certificate.
Note: Section 156(4) of the Act sets out a maximum
penalty of 8 penalty units for the offence of driving a
taxi-cab without holding a driver's certificate.
(2) Sub-regulation (1) does not apply if a person is
driving a taxi-cab—
(a) to test the taxi-cab; or
(b) while the person is being trained or assessed
as a trainee driver under instruction—
and if the taxi-cab is not used to carry passengers
for hire or reward while it is being so driven.
(3) A person who is permitted to drive a taxi-cab must
notify the operator of the taxi-cab if he or she does
not hold, or continue to hold, a driver's certificate.
Penalty: 10 penalty units.
5. Conditions of driver's certificates
(1) In addition to any condition imposed by the
licensing authority under section 156(2) or 156(5)
of the Act, it is a condition of every driver's
certificate that the holder—
(a) must hold a full driver licence to drive a
motor vehicle under the Road Safety Act
1986 for the duration of the certificate; and
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(b) must display in any taxi-cab which the
holder is driving—
(i) the holder's driver's photo card in a
position approved by the licensing
authority; or
(ii) if the holder has not been issued with a
driver's photo card, a recent colour
photograph of the holder in a form and
position approved by the licensing
authority.
(2) The licensing authority may determine that sub-
regulation (1)(a) does not apply to a driver's
certificate if the licensing authority is satisfied that
the holder—
(a) holds a probationary driver licence to drive a
motor vehicle under the Road Safety Act
1986; and
(b) is fit to drive a taxi-cab on account of his or
her age, experience or other special
circumstances.
(3) The licensing authority may determine that sub-
regulation (1)(b) does not apply to a driver's
certificate or a class of driver's certificates.
(4) A person must not breach any condition set out in
a driver's certificate.
Penalty: 8 penalty units.
6. Administrative requirements for certificates
(1) The licensing authority may require an applicant
for a driver's certificate to—
(a) be photographed, or have a digitised image
of himself or herself made, at a place and in
a manner specified by the licensing
authority;
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(b) give the licensing authority 3 photographs of
himself or herself in the form specified by
the licensing authority;
(c) give the licensing authority a specimen of his
or her signature at a place and in a manner
specified by the licensing authority;
(d) pass any test and hold any qualification
specified by the licensing authority that
relates to his or her competence to drive a
taxi-cab;
(e) give the licensing authority a certificate from
a registered medical practitioner to the effect
that he or she is not suffering from any
condition which would prevent him or her
from driving a taxi-cab;
(f) give the licensing authority a certificate from
a registered medical practitioner or a
registered optometrist to the effect that he or
she has passed the test of acuteness of vision
set out in Schedule 1.
(2) The licensing authority may grant a driver's
certificate for any period up to 3 years.
(3) The holder of a driver's certificate must sign the
certificate as soon as the holder has received it
from the licensing authority.
Penalty: 5 penalty units.
(4) If the holder of a driver's certificate changes his or
her address from that shown on the certificate as
the holder's address, the holder must, within
7 days of the change, notify the licensing authority
of the details of the change and return the
certificate to the licensing authority.
Penalty: 5 penalty units.
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(5) The holder of a driver's certificate must
immediately return the certificate to the licensing
authority if the certificate becomes illegible or is
altered or defaced.
Penalty: 5 penalty units.
(6) The holder of a driver's certificate must
immediately return the certificate to the licensing
authority if—
(a) the licensing authority notifies the holder in
writing of the revocation or suspension of the
certificate; or
(b) the holder's driver's licence is suspended or
cancelled or expires.
Penalty: 10 penalty units.
(7) The licensing authority may issue a duplicate
driver's certificate if the licensing authority is
satisfied that the certificate has become illegible,
altered or defaced or that it has been stolen, lost or
destroyed.
7. Additional arrangements for driver's certificates
(1) The licensing authority may require the holder of
a driver's certificate to—
(a) be photographed, or have a digitised image
of himself or herself made; and
(b) give the licensing authority a specimen of his
or her signature—
at a place and in a manner specified by the
licensing authority.
(2) It is a condition of every driver's certificate that
the holder comply with any requirement made by
the licensing authority under sub-regulation (1)
within the time specified by the licensing
authority.
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8. Driver's photo card
(1) The licensing authority may issue a driver's photo
card to the holder of a driver's certificate.
(2) A driver's photo card must incorporate—
(a) a photograph or digitised image of the holder
obtained by the licensing authority under
regulation 6(1) or 7(1); and
(b) the number of the holder's driver's certificate;
and
(c) the date on which the holder's driver's
certificate expires.
(3) The holder of a driver's photo card must
immediately return the card to the licensing
authority if the card becomes illegible or is altered
or defaced.
Penalty: 5 penalty units.
(4) The holder of a driver's photo card must
immediately return the card to the licensing
authority if the holder is required under regulation
6(6) to return the holder's driver's certificate to the
licensing authority.
Penalty: 10 penalty units.
9. Operator must not allow uncertificated taxi-cab
driving
(1) The operator of a taxi-cab must not permit a
person who does not hold a driver's certificate to
drive the taxi-cab in contravention of regulation 4.
Penalty: 10 penalty units.
(2) The operator of a taxi-cab must take all reasonable
steps to ensure that a person who holds a driver's
certificate does not drive the taxi-cab in
contravention of—
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(a) any condition of the licence under which the
taxi-cab is operated; or
(b) any condition of the person's driver's
certificate.
Penalty: 10 penalty units.
(3) It is a defence to a charge under sub-regulation (1)
for the person charged to prove that the person
charged believed, after making all reasonable
enquiries, that the driver held a driver's certificate.
Division 2—Licences
10. Taxi-cab licences
(1) A licence holder must return the licence to the
licensing authority within 7 days if—
(a) the licence becomes illegible, altered or
defaced; or
(b) the licence holder changes address from that
shown on the licence as the licence holder's
address.
Penalty: 5 penalty units.
(2) 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 holder changes the seating
capacity of the taxi-cab.
Penalty: 10 penalty units.
(3) 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.
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Division 3—Record Keeping
11. Books or records to be kept by operator
(1) In addition to any other books and records that the
operator of a taxi-cab is required to keep under the
licence under which the taxi-cab is operated, the
operator must keep the following books or records
about the operation of the taxi-cab—
(a) the revenue earned;
(b) the kilometres travelled;
(c) the number of hirings of the taxi-cab;
(d) the costs incurred in operating and
maintaining the taxi-cab;
(e) an up to date record of the names, addresses,
driver licence numbers and driver's
certificate numbers of every person who has
been driving the taxi-cab so that the identity
of the driver at any time can be ascertained.
Penalty: 10 penalty units.
(2) The operator must keep the books and records—
(a) at an address approved by the licensing
authority; and
(b) for a period of at least 3 years from the date
the records or last entries in the books were
made.
Penalty: 5 penalty units.
(3) The operator must keep the books and records in
the English language.
Penalty: 5 penalty units.
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(4) The operator must make the books and records
available for inspection upon demand to a member
of the police force, the licensing authority or a
person authorised by the licensing authority.
Penalty: 10 penalty units.
(5) The operator must within a reasonable time, if
asked by a member of the police force, the
licensing authority or a person authorised by the
licensing authority, give the member, licensing
authority or person an accurate copy of any of the
books or records.
Penalty: 10 penalty units.
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PART 3—VEHICLES
12. 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 sub-regulation (1) which are
applicable to the taxi-cab.
Penalty: 20 penalty units.
(3) The licensing authority may exempt a taxi-cab
from complying with any specification under sub-
regulation (1) that would otherwise be applicable
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.
13. Taxi-cab construction or equipment
(1) The operator or owner or driver of a taxi-cab must
not make, or permit to be made, any alteration to
the construction or equipment of the taxi-cab
without the written approval of the licensing
authority.
Penalty: 20 penalty units.
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(2) If an alteration has been made to the construction
or equipment of a taxi-cab—
(a) the operator of the taxi-cab must not operate
the taxi-cab, or permit the taxi-cab to be
operated; and
(b) a person must not drive the taxi-cab for the
purpose of operating it—
until the licensing authority, or a person
authorised by the licensing authority, has
inspected the vehicle and found it to be fit and
serviceable.
Penalty: 20 penalty units.
14. 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 which complies with sub-regulation (2).
Penalty: 10 penalty units.
(2) An emergency warning device referred to in sub-
regulation (1) must have an activating switch
readily accessible by the driver of the taxi-cab
when the driver is seated in his or her normal
driving position.
(3) In addition to an emergency warning device fitted
in accordance with sub-regulation (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) The operator must fit, or cause to be fitted, any
additional emergency warning device in a manner
approved by the licensing authority.
Penalty: 10 penalty units.
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15. 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 sub-regulation (1) is
operating.
Penalty: 20 penalty units.
(3) This regulation applies to a taxi-cab if—
(a) it is required by a condition of the licence
under which it is operated to be fitted with a
security camera approved by the licensing
authority; or
(b) the licensing authority has, under sub-
regulation (4), given approval to the fitting to
the taxi-cab of a security camera approved
by the licensing authority.
(4) The operator of a taxi-cab which is not required
by a condition of the licence under which it is
operated to be fitted with a security camera
approved by the licensing authority may apply to
the licensing authority for approval to fit such a
camera to the taxi-cab.
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16. Protective screens
(1) The operator or the owner or the driver of a taxi-
cab may fit inside the taxi-cab a protective screen
approved by the licensing authority.
(2) The operator, owner or driver of a taxi-cab must
fit the protective screen in a manner approved by
the licensing authority.
Penalty: 10 penalty units.
17. Boot lock release devices
(1) The operator of a taxi-cab which has a boot
compartment must not operate the taxi-cab, or
permit the taxi-cab to be operated, unless the taxi-
cab is fitted with a boot lock release device
approved by the licensing authority.
Penalty: 10 penalty units.
(2) The operator of a taxi-cab must ensure that a
boot lock release device referred to in sub-
regulation (1)—
(a) can be operated from inside the boot
compartment; and
(b) cannot be made inoperable from outside the
boot compartment when the boot is closed;
and
(c) is kept in good working order.
Penalty: 10 penalty units.
(3) The driver of a taxi-cab referred to in sub-
regulation (1) must not operate the taxi-cab if he
or she knows the boot lock release device is not
fitted or is not able to be operated.
Penalty: 10 penalty units.
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18. 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.
19. Inspection of taxi-cabs
(1) A member of the police force, 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 for inspection
by—
(a) a member of the police force; or
(b) a licensed taxi tester; or
(c) a licensed vehicle tester; or
(d) a person authorised by the licensing
authority to inspect taxi-cabs—
at or within a time specified by the member,
licensing authority or person.
(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
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(b) if the driver has not been, or is not,
reasonably able to comply with the
requirement while he or she 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 both sub-
regulation (2)(a) and (2)(b), the operator must
comply with the requirement.
Penalty: 20 penalty units.
(4) If sub-regulation (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.
20. 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 member of the police force,
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.
(2) A notice under sub-regulation (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
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(d) require that, after the matters requiring
rectification have been rectified, the taxi-cab
must be produced for inspection by—
(i) a member of the police force; 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
sub-regulation (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 sub-regulation (1)
must not operate the taxi-cab or permit the taxi-
cab to be operated, after the date and time referred
to in sub-regulation (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 member of the police force, the
licensing authority or a person authorised by the
licensing authority to inspect taxi-cabs.
Penalty: 20 penalty units.
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21. Evidence of inspection
(1) If an inspection of a taxi-cab is required under
regulation 19(1) or by a notice under regulation
20(1), a member of the police force, 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 member of the
police force, 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 sub-regulation (1).
Penalty: 20 penalty units.
22. 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.
__________________
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PART 4—LIVERY, LAMPS, SIGNS ETC.
23. 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
sub-regulation (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 sub-regulation (1) is clearly visible at all
times.
Penalty: 5 penalty units.
(4) The operator or owner or driver of a taxi-cab must
not fit or attach, or permit to be fitted or attached,
any matter or thing to either the inside or outside
of the taxi-cab without the approval of the
licensing authority.
Penalty: 5 penalty units.
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24. Livery
(1) The operator of a taxi-cab must not operate the
taxi-cab, or permit the taxi-cab to be operated,
unless—
(a) the name or trade mark or trade name; and
(b) the telephone number—
of the depot with which the taxi-cab is associated
are displayed on the outside of the taxi-cab, in the
manner approved by the licensing authority.
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.
25. Sign on roof of taxi-cab
(1) The operator of a taxi-cab must not operate the
taxi-cab, or permit the taxi-cab to be operated,
unless a sign approved by the licensing authority,
which is capable of being lit, is fitted to the
outside forward part of the roof of the taxi-cab.
Penalty: 10 penalty units.
(2) The operator of a taxi-cab must ensure that the
lamp in a sign referred to in sub-regulation (1) is
able to be turned off from inside the taxi-cab.
Penalty: 10 penalty units.
(3) The driver of a taxi-cab must ensure that the lamp
in the sign referred to in sub-regulation (1) is
turned off while—
(a) the taxi-cab is hired; or
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(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 by
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.
26. 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.
Penalty: 10 penalty units.
(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 sub-regulation (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 25(1).
Penalty: 10 penalty units.
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(3) The operator of a taxi-cab must ensure that—
(a) the nearside lamp referred to in sub-
regulation (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 sub-regulation (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 sub-
regulation (1) must not operate the taxi-cab unless
the indicator lamp is in good working order.
Penalty: 10 penalty units.
(5) The driver of a taxi-cab referred to in sub-
regulation (2) must not operate the taxi-cab unless
both of the indicator lamps are in good working
order.
Penalty: 10 penalty units.
27. Not for Hire signs
(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 equipped with a sign which
consists of the words "NOT FOR HIRE" in
lettering of a type and dimensions approved by the
licensing authority and which is capable of being
displayed as required by sub-regulation (2).
Penalty: 10 penalty units.
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(2) The driver of a taxi-cab must ensure that when the
sign referred to in sub-regulation (1) is required to
be displayed, it is displayed inside the taxi-cab at
the top left hand side of the windscreen, but not
attached to the windscreen, so that the sign
displays to the front of the vehicle.
Penalty: 10 penalty units.
(3) The driver of a taxi-cab must display the sign
referred to in sub-regulation (1) while—
(a) the taxi-cab is being used solely for the
carriage of goods; 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 by
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.
(4) The driver of a taxi-cab must not accept any hiring
if the sign referred to in sub-regulation (1) is being
displayed.
Penalty: 10 penalty units.
__________________
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PART 5—VEHICLE OPERATIONS
Division 1—Passenger Numbers
28. Maximum number of passengers
(1) The driver of a taxi-cab must ensure that he or she
carries in the taxi-cab no more than the number of
passengers specified in the conditions of the
licence under which the taxi-cab is operated.
Penalty: for a first offence, 5 penalty units;
for a second or subsequent offence,
10 penalty units.
(2) For the purposes of sub-regulation (1)—
(a) a child under the age of 5 years is not to be
calculated as a passenger; and
(b) if 3 or more children 5 years or more of age
and under 15 years of age are in the taxi-cab,
each third child is not to be calculated as a
passenger.
Division 2—Driver Responsibilities
29. 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 36(1) to carry, or to continue to carry,
the passenger.
Penalty: 10 penalty units.
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(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 36(1) 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 which he or she 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 of the taxi-cab.
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.
30. 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 referred to in sub-regulation (1), 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
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(c) the driver is picking up or delivering goods;
or
(d) the driver has a reasonable cause not to be
with the taxi-cab.
Penalty: 5 penalty units.
31. Driver's appearance
(1) While operating a taxi-cab, the driver of the taxi-
cab must wear—
(a) if a uniform design has been approved under
regulation 32 for the taxi depot with which
the taxi-cab is associated, a uniform which
conforms to that design; or
(b) if paragraph (a) does not apply, a uniform
approved by the licensing authority.
Penalty: 5 penalty units.
(2) While operating a taxi-cab, the driver of the taxi-
cab must ensure that his or her appearance is neat
and clean.
Penalty: 5 penalty units.
32. Depot uniforms
(1) The licensing authority may, by notice in writing,
require the operator of a taxi depot, within a time
specified in the notice, to—
(a) determine a uniform design, which identifies
the depot, for the drivers of taxi-cabs which
are associated with the depot; and
(b) apply to the licensing authority for approval
of the uniform design.
(2) The operator of a taxi depot must comply with a
notice given under sub-regulation (1).
Penalty: 5 penalty units.
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(3) The operator of a taxi depot may, at any time—
(a) determine a uniform design, which identifies
the depot, for the drivers of taxi-cabs which
are associated with the depot; and
(b) apply to the licensing authority for approval
of the uniform design.
(4) The licensing authority may approve a uniform
design determined by the operator of a taxi depot
under sub-regulation (1) or (3).
33. 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 other than the guide-dog of a person
with a sight or hearing impairment.
Penalty: 5 penalty units.
(2) The driver of a taxi-cab must accept the guide-dog
of a passenger with a sight or hearing impairment
for carriage in the taxi-cab with that passenger.
Penalty: 10 penalty units.
34. Passenger amenities
(1) The driver of a taxi-cab must 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—
unless complying with the request would cause
unreasonable discomfort to the driver.
Penalty: 5 penalty units.
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(2) The driver of a taxi-cab must comply with a
reasonable request by a passenger to—
(a) turn the music system or radio in the taxi-cab
off; or
(b) operate the music system or radio at a lower
level.
Penalty: 5 penalty units.
35. 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.
(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.
36. 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 which
is not able to be safely and securely
accommodated within the taxi-cab.
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(2) Despite sub-regulation (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.
37. 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.
38. Taxi zones
(1) If the purpose of a taxi zone or any other area set
aside for the storage or holding of taxi-cabs is
designated by signs or markings, the driver of a
taxi-cab must only use the zone or area for that
purpose.
Penalty: 5 penalty units.
(2) The driver of a taxi-cab must not attempt to use,
or to gain access to, a taxi zone that is fully
occupied.
Penalty: 5 penalty units.
(3) 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.
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(4) The driver of a taxi-cab which 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.
(5) Unless sub-regulation (7) applies, the driver of a
taxi-cab which is first in line at a taxi zone is
entitled to have that taxi-cab hired before any
other taxi-cab in the taxi zone.
(6) A passenger may choose any taxi-cab in a taxi
zone without having to choose the first taxi-cab in
line.
(7) If a passenger chooses a taxi-cab in a taxi zone
other than the first taxi-cab in line, the driver of
the taxi-cab chosen by the passenger must accept
the hiring.
Penalty: 5 penalty units.
Division 3—Fares, Charges and Taximeters
39. Fares and additional charges
(1) The driver of a taxi-cab must not make a charge
for the hiring of a taxi-cab for that part of a
journey which is delayed to allow the taxi-cab to
be refuelled or repaired.
Penalty: 10 penalty units.
(2) Unless these Regulations allow, the driver of a
taxi-cab must not charge or ask for payment of a
fare or additional charges which are more than the
amounts allowed in any condition of the licence
under which the taxi-cab is operated.
Penalty: 10 penalty units.
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(3) The operator or the driver of a taxi-cab may agree
with the hirer of the taxi-cab to charge a fee in
addition to the fare and additional charges
permitted by any condition of the licence under
which the taxi-cab is operated if payment of the
fare and additional charges are to be made at a
time other than immediately after the termination
of the hiring.
40. Multiple hirings
The driver of a taxi-cab which 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.
41. Capacity to pay
(1) The driver of a taxi-cab may, before a hiring starts
or at any time during a hiring, ask a passenger to
demonstrate to the driver's reasonable satisfaction
that the passenger has enough money or other
means to be able to pay the estimated fare for the
hiring.
(2) The driver of a taxi-cab may, before a hiring starts
or at any time during a hiring, require a passenger
to pay a deposit of up to the estimated fare for the
hiring.
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(3) The driver of a taxi-cab may refuse to carry, or to
continue to carry, a passenger if the passenger—
(a) does not demonstrate to the driver's
satisfaction under sub-regulation (1) that the
passenger has enough money or other means
to be able to pay the estimated fare for the
hiring; or
(b) does not pay a deposit required under sub-
regulation (2).
(4) The driver of a taxi-cab, if asked by a passenger
who has paid a deposit required under sub-
regulation (2), must give the passenger a receipt
for the deposit.
Penalty: 5 penalty units.
42. Request for driver to return or wait
(1) The driver of a taxi-cab who is requested by a
passenger to discharge the passenger and to return
to the passenger at a later time must not make any
charge for the time between the discharge and the
time at which the driver was requested to return.
Penalty: 10 penalty units.
(2) The driver of a taxi-cab who is requested to return
under sub-regulation (1) may charge a detention
rate set out in the conditions of the licence under
which the taxi-cab is operated from the time at
which the driver was requested to return.
(3) The driver of a taxi-cab who is requested to return
under sub-regulation (1) may refuse the request.
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(4) The driver of a taxi-cab must not refuse the
request of a passenger who has left the taxi-cab
with the stated intention to return, to wait the
return of the passenger unless—
(a) the driver has earlier contracted another
hiring; or
(b) the driver would be in breach of an Act, a
Regulation or a local law if he or she were to
wait.
Penalty: 10 penalty units.
43. 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.
(3) The driver of a taxi-cab must use electronic
payment facilities to process a payment referred to
in sub-regulation (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.
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(4) Despite sub-regulation (3), the driver of a taxi-cab
may use non-electronic payment facilities to
process a payment referred to in sub-regulation (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) The driver of a taxi-cab, if asked by the hirer of
the taxi-cab, must give the hirer a receipt for the
payment of the fare and any additional charges.
Penalty: 10 penalty units.
(7) The driver of a taxi-cab must ensure that the
receipt is legible and contains the following—
(a) the signature of the driver;
(b) the number of the taxi-cab;
(c) the number of the driver's certificate of the
driver;
(d) all the items which make up the fare and any
additional rates and charges;
(e) the total amount paid;
(f) the date of the payment.
Penalty: 10 penalty units.
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44. 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, which has been tested and
sealed by a person authorised by the licensing
authority, is fitted to the taxi-cab and complies
with all of the requirements set out in sub-
regulation (3).
Penalty: 10 penalty units.
(2) The driver of a taxi-cab must not operate the taxi-
cab unless the taximeter fitted to the taxi-cab
complies with all of the requirements set out in
sub-regulation (3).
Penalty: 10 penalty units.
(3) A taximeter in a taxi-cab must—
(a) 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
(b) be operational as required by these
Regulations; and
(c) have all of its seals intact; and
(d) be located in a position which has been
approved by the licensing authority; and
(e) be able to be clearly read from each forward
facing seating position in the taxi-cab.
(4) Subject to sub-regulation (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
which was last tested in the taxi-cab by a person
authorised by the licensing authority.
Penalty: 10 penalty units.
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(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 approved and tested by a person
authorised by the licensing authority.
(6) If—
(a) a component of a taxi-cab, or any equipment
in or on the taxi-cab, which may affect the
correct operation of the taximeter in that
taxi-cab is altered; or
(b) such a component or any such equipment is
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 sub-regulation (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—
(a) the operator of the taxi-cab must not operate
the taxi-cab or permit the taxi-cab to be
operated; and
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(b) the driver of the taxi-cab must not operate
the taxi-cab—
until the taximeter has been repaired (if
necessary), and has been inspected, tested and
sealed by a person authorised by the licensing
authority.
Penalty: 10 penalty units.
45. 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 sub-regulation (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 sub-regulation (3) may start
the taximeter earlier than the time referred to in
that sub-regulation if—
(a) the driver has made contact with the hirer;
and
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(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) 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.
(6) 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 sub-regulation (2) applies,
as soon as the hiring has finished; or
(b) in a case to which sub-regulation (3) or (4)
applies, immediately after the taxi-cab is
brought to a halt for the purpose of allowing
the hirer, or if regulation 40 applies, the last
hirer, to alight from the taxi-cab at the
termination of the hiring.
Penalty: 10 penalty units.
Division 4—General
46. Smoking prohibited in taxi-cabs
A person must not smoke tobacco or any other
substance in a taxi-cab.
Penalty: 5 penalty units.
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Part 5—Vehicle Operations
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S.R. No. 67/2005
41
47. Property found in taxi-cabs
(1) A person who finds lost or abandoned property in
a taxi-cab must give the property to the driver of
the taxi-cab.
Penalty: 1 penalty unit.
(2) The driver of a taxi-cab who is given property
under sub-regulation (1), or who finds property in
the taxi-cab, must, if the property is not claimed,
promptly deliver the property to the Victoria
Police.
Penalty: 10 penalty units.
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Part 6—Expiry of Regulations
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PART 6—EXPIRY OF REGULATIONS
48. Regulations to cease to have force or effect
These Regulations cease to have any force or
effect on 30 June 2008.
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SCHEDULES
SCHEDULE 1
Regulation 6(1)(f)
TEST OF ACUTENESS OF VISION
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 his or her right eye; and
(b) correctly read line 5 with his or her left eye.
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Sch. 1
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