Amendments of the Taxi and Private Hire Car Regulations (ACT)

Case
No judgment structure available for this case.

Regulations 1975 No. 29

Regulations under the Motor Traffic Ordinance 1936-1974.*

I, R E G I N A L D G R E I V E W I T H E R S , the Minister of State for the Capital Terri­
tory, hereby make the following Regulations under the Motor Traffic Ordinance
1936-1974.

Dated this eleventh day of December , 1975.

R. G. W I T H E R S

Minister of State for the Capital Terri tory.

A M E N D M E N T S O F T H E T A X I AND PRIVATE H I R E C A R R E G U L A T I O N S !

1. These Regulat ions shall come into operat ion on 15 December 1975.

2. Regulation 4 of the Taxi and Private Hi re Car Regulations is amended by adding at the end thereof the following sub-regulat ions:—

" (2 ) In these Regulations a reference to the multiple hiring of a taxi shall be read as a reference to the hiring of a taxi by a second or subsequent person while the taxi is already hired by another person;

" ( 3 ) Where a taxi is the subject of a multiple hiring, the multiple hiring, for the purposes of these Regulations, shall be deemed to continue until the hiring of the taxi by each of the hirers has been terminated.".

3. Regulation 11 of the Taxi and Private Hi re Car Regulations is amended by inserting in sub-regulation ( 1 ) , after the words " a c c e p t a h i r i ng" , the words
", other than a multiple hiring ".

4.   Regulation 14 of the Taxi and Private Hire Car Regulations is amended—

(a)

by omitting paragraph (a ) and substituting the following p a r a g r a p h : — " ( a ) shall, unless he is already hired, or the hiring is for a journey

1970, N o . 5; 1972, N o . 4 ; 1974, No . 11 ; and 1975, N o . 24.

to a specified place to pick up a hirer or his luggage or goods, as soon as he is hired for a journey, and no sooner, set the taximeter affixed to the vehicle in motion so as to register the kilometre rate prescribed by these Regulations for that journey by that taxi or, where more than 1 kilometre rate will apply to that journey, for the initial part of that journey by that taxi;"; and

(b) by adding at the end thereof the following sub-regula t ion:—

" (2 ) A reference in paragraph ( l ) ( b ) or (c) to the hiring of a taxi shall be read as including a reference to the multiple hiring of a taxi.".

* Notified in the Australian Government Gazette on 12 December 1975.
t Regulations 1956, No . 2, as amended by Regulations 1956, N o . 12; 1958, N o . 12; 1965, N o . 6; 1966, N o . 7;

5. Regulat ion 15 of the Taxi and Private Hi re C a r Regulations is amended by adding at the end thereof the following sub-regula t ion:—

" (2 ) Where a taxi is the subject of a multiple hiring, the driver of the taxi

shall, in conveying the hirers to their respective destinations, travel by the shortest

practicable route ." .

6. Regulation 16 of the Taxi and Private Hi re Car Regulations is amended by inserting in sub-regulation ( 2 ) , after the words " o r private hire car m a y " , the words " , except where the vehicle is the subject of a multiple hiring,".

7. Regulation 18 of the Taxi and Private H i r e Car Regulations is a m e n d e d — by omitting from paragraph (l)(a) the words "the Schedule to these Regulations " and substituting the word and figure " Schedule 1 "; and

(a)

(b ) by omitt ing pa ragraph ( l ) ( c ) and substituting the following

p a r a g r a p h : —
" (c ) the taximeter is so adjusted that it is capable of registering

the flag fall and fee for waiting time prescribed by regulation 24 and, in addition, such of the kilometre rates prescribed by that regulation that may be charged in respect of a journey or a par t of a journey by that taxi.".

8.  Regulation 19 of the Taxi and Private Hire Car Regulations is amended—

(a) by adding at the end of sub-regulation (1) the words "calculated at the kilometre rate specified in paragraph 24 (3 ) (b ) "; and
(b ) by adding at the end thereof the following sub-regula t ion:—

" (3 ) Dur ing the period in which a holder of a taxi licence is exempted by the Registrar, the taxi in respect of which the exemption has been granted shall not be made the subject of a multiple hiring and the kilometre rate for any journey under taken by that taxi shall be the kilometre rate specified in paragraph 24 ( 3 ) ( b ) . " .

9. Regulation 19A of the Taxi and Private Hi re Car Regulations is amended by omit t ing sub-regulation (1 ) and substituting the following sub-regulat ions:—

" (1 ) W h e r e it appears to the Registrar, after a change has been m a d e —

(a ) in the flag fall charge prescribed by sub-regulation 2 4 ( 2 ) ;
( b ) in the ki lometre rate prescribed by paragraph 24 (3 ) ( b ) ; or
(c ) in the amoun t payable for waiting time prescribed by regulation 24,

that a period of t ime will elapse before the holder of a taxi licence will be able to have the taximeter fitted to his vehicle adjusted to register the new charge, rate or amount , the Registrar shall p repare and issue to the holder a conversion card showing, in relation to the amoun t registered by the taximeter, the amount payable, in respect of a hiring at the new charge, rate or amount , by a person who has hired the taxi.

" ( 1 A ) Where a ki lometre rate specified in paragraph 24 (3 ) ( a ) , (3A) (a )

or (3A) (b ) has been changed, a taxi shall not, until the taximeter affixed to it is adjusted to register the new rate, be made the subject of a mult iple hiring and the kilometre rate for any journey under taken by that taxi shall be the kilometre

rate specified in pa ragraph 24 ( 3 ) ( b ) . " .

10. The Taxi and Private Hi re Car Regulations are amended by inserting after regulation 19A the following regu la t ion :—

" 1 9 B . ( 1 ) Where a taximeter that is affixed to a taxi is able to register only 1 ki lometre rate, the taxi to which the taximeter is affixed shall not be made the subject of a multiple hiring and the kilometre rate for any journey under taken by that taxi shall be the kilometre rate specified in paragraph 24 (3 ) ( b ) .

" ( 2 ) Where a taximeter that is affixed to a taxi is able to register only 2 kilometre rates, the taxi to which the taximeter is affixed shall not be made the subject of a multiple hiring.
" ( 3 ) Where a taximeter that is affixed to a taxi is able to register only 3
ki lometre rates, the kilometre rate for any journey under taken by that taxi shall,

where the taxi is the subject of a multiple hiring, be the rate specified in para­

graph 24 (3A) ( b ) . " .

11. Regulation 24 of the Taxi and Private Hi re Car Regulations is amended

by omitting sub-regulation (3 ) and substituting the following sub-regulat ions:—

" (3 ) W h e r e a taxi is not the subject of a multiple h i r ing—

(a) the kilometre rate for a journey or part of a journey under taken o n —

(i) a Saturday;
(i i) a Sunday;

(iii)    a day that is observed as a public holiday in the Territory

in accordance with the Holidays Ordinance 1958; or

( iv) any other day before 6 o'clock in the morning,

is a rate of 25 cents for each kilometre travelled by the taxi on the

journey or part of the journey; and

(b)

the kilometre rate for a journey or part of a journey, other than a journey or a part of a journey to which paragraph ( a ) applies, is a rate of 22 cents for each kilometre travelled by the taxi on the journey or part of the journey.

" (3A) Where a taxi is the subject of a multiple h i r ing—

(a) the kilometre rate for a journey or part of a journey under taken o n —

(i) a Saturday;
(ii) a Sunday;
(iii) a day that is observed as a public holiday in the Terri tory
in accordance with the Holidays Ordinance 1958; or

( iv) any other day before 6 o'clock in the morning,

is a rate of 19 cents for each kilometre travelled by the taxi on the

journey or par t of the journey; and

(b) the kilometre rate for a journey or part of a journey, other than a journey o r a part of a journey to which paragraph ( a ) applies, is a rate of 16.5 cents for each ki lometre travelled by the taxi on the journey.".

12. Regulation 26 of the Taxi and Private Hi re Car Regulations is amended by omitt ing sub-regulations (1 ) to (4 ) (inclusive) and substituting the following sub-regula t ions:—

" (1 ) A person shall not drive or be in charge of a taxi in a public street unless there is exhibited inside the taxi so as to be visible to a passenger in the taxi a notice in accordance with the form set out in Schedule 2 consisting of letters not less than 4 millimetres in height.

" ( 2 ) A person shall not drive or be in charge of a taxi to which a taximeter is affixed, in a public street, unless when the taximeter is set in motion it exhibits upon its face so as to be easily legible by a h i re r—

(a) where it is registering the kilometre rate specified in paragraph
24 ( 3 ) ( b ) — t h e word and figure ' rate 1 ';
(b) where it is registering the kilometre rate specified in paragraph
24 ( 3 ) ( a ) — t h e word and figure ' rate 2 ';
(c) where it is registering the kilometre rate specified in paragraph
24 (3A) ( b ) — t h e word and figure ' r a t e 3 '; and
(d) where it is registering the kilometre rate specified in paragraph
24 ( 3 A ) ( a ) — t h e word and figure ' r a t e 4 ' . "
13. Regulation 28 of the Taxi and Private Hi re Car Regulations is amended by omitting paragraph ( l ) ( b ) and substituting the following p a r a g r a p h : —

" (b ) if a taximeter is affixed to the taxi, the driver shall, in respect of the journey for which the taxi is hired (not being a journey outside the City A r e a ) , set the taximeter in motion at a time as soon as practicable after the giving of the notice or at the t ime appointed for the arrival of the vehicle at the specified place, whichever is the later, so as to register the kilometre rate prescribed by these Regulations for that journey by that taxi or, where more than 1 kilometre rate will apply to that journey, for the initial part of that journey by that taxi and the journey shall be regarded as commencing when the taximeter is set in motion and no sooner; and ".

14. Regulation 33 of the Taxi and Private Hi re Car Regulations is amended by omitting sub-regulations ( 1 ) , ( 2 ) and

( 3 ) .

15. Regulation 34 of the Taxi and Private Hi re Car Regulations is repealed.

16. Regulation 34A of the Taxi and Private Hi re Car Regulations is repealed and the following regulation subs t i tu ted:—

" 3 4 A . ( 1 ) T h e holder of a taxi licence shall affix to the top of the roof or hood of the vehicle a sign bearing the word ' T A X I ' .

" ( 2 ) A sign so affixed shall be capable of being illuminated and shall contain only the word specified in sub-regulation ( 1 ) .

" ( 3 ) A person shall not drive or be in charge of a taxi unless—

(a ) where the taxi is available for h i re—the sign is i l luminated; and

(b ) where the taxi is not available for h i re—the sign is not i l luminated.".

17. Regulation 37 of the Taxi and Private Hire Car Regulations is repealed and the following regulation subs t i tu ted:—

" 3 7 . ( 1 ) The driver or owner of a taxi shall not, without the consent of a person who has already hired the taxi, accept a second or subsequent hiring of the taxi.

" ( 2 ) T h e multiple hiring of a taxi shall not be effected at a place other than

a taxi rank.

" ( 3 ) The driver or owner of a private hire car shall not, while hired, accept a second or subsequent hiring until the first hiring has been completed." .

1 8 . Regulation 38 of the Taxi and Private Hire Car Regulations is amended by omitting from sub-regulation (2) the words and figures "regulation 24 of".

19. Regulation 50 of the Taxi and Private Hire Car Regulations is amended by omitting from sub-regulation (1) the words " regulation 24 of these Regu­ lations for the journey " and substituting the words " these Regulations for that journey by that taxi ".

2 0 . Regulation 52 of the Taxi and Private Hire Car Regulations is amended by omitting from sub-regulation (2) the figures and words " 18, 19, 26, 33 or 35 of these Regulations" and substituting the figures and words " 18, 26, 33 or 35, or against sub-regulation 19(1 ) or (2) ".

21.  The Schedule to the Taxi and Private Hire Car Regulations is amended— (a) by omitting the word—

" SCHEDULE "
and substituting the word and figure—

" SCHEDULE 1 ";

(b) by omitting from paragraph 2(a) the words " immediately above the indication slot" and substituting the words " in close proximity to the indication slot";
(c)

by omitting paragraphs 2 (b) and 2 (c) and substituting the following " ( b ) be so constructed that, after each hiring, the amount displayed

in the indicator slot can be returned to zero;

" (c) exhibit on its face, when the taximeter is not in motion, the word ' VACANT' or the words ' FOR H I R E ' in plain block letters at least 15 millimetres in height;";

(d) by omitting paragraph 2 (e) ; and

(e)

by omitting from paragraph 2 (f) the words " on the near side " and substituting the words " in the taxi ".

2 2 . The Taxi and Private Hire Car Regulations are amended by adding at

the end thereof the following Schedule:—

S C H E D U L E
TAXI FARES
2 Regulation 26
F L A G F A L L . . 35c
RADIO B O O K I N G FEE 25c
K I L O M E T R E RATES
RATE 1—6 a.m. to M I D N I G H T M O N D A Y T O F R I D A Y . . . . . . 22c
R A T E 2 — M I D N I G H T to 6 a.m. M O N D A Y TO F R I D A Y . . . . . . "]
S A T U R D A Y . . . . . . . . . . . . I
S U N D A Y . . . . . . . . •• |
PUBLIC H O L I D A Y S . . . . . . J
RATE 3—MULTIPLE H I R I N G 6 a.m. to M I D N I G H T
M O N D A Y to F R I D A Y . . 16.5c
RATE 4—MULTIPLE H I R I N G —
M I D N I G H T to 6 a.m. M O N D A Y TO F R I D A Y . . . . ..~)
S A T U R D A Y I , Q
S U N D A Y . . . . . . . . . . . . f
PUBLIC H O L I D A Y S . . . . . . . . J

25144/79-34

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0