Commercial Passenger Vehicle Industry and Commercial Passenger Vehicle Industry (Infringements) Amendment Regulations 2023 (Vic)

Commercial Passenger Vehicle Industry and Commercial Passenger Vehicle Industry (Infringements) Amendment Regulations 2023

S.R. No. 100/2023

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

Part 2—Amendments to the Commercial Passenger Vehicle Industry Regulations 2018

4Operation of fare calculation devices¾unbooked commercial passenger vehicle services

5Provision of fare estimate or fixed fare

6Meaning of booking service

Part 3—Amendment to the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018

7Amendment to Schedule 1

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Endnotes

STATUTORY RULES 2023

S.R. No. 100/2023

Commercial Passenger Vehicle Industry Act 2017

Commercial Passenger Vehicle Industry and Commercial Passenger Vehicle Industry (Infringements) Amendment Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 19 September 2023

Responsible Minister:

BEN CARROLL
Minister for Public Transport

ANGELA SMITH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to amend the Commercial Passenger Vehicle Industry Regulations 2018 in relation to—

(i)the operation of fare calculation devices in the provision of unbooked commercial passenger vehicle services; and

(ii)the provision of fare estimates; and

(iii)the meaning of a booking service; and

(b)to amend the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 to prescribe a new infringement offence and infringement penalty.

2Authorising provision

These Regulations are made under section 289 of the Commercial Passenger Vehicle Industry Act 2017.

3Commencement

These Regulations come into operation on 28 September 2023.

PART 2—AMENDMENTS TO THE COMMERCIAL PASSENGER VEHICLE INDUSTRY REGULATIONS 2018

4Operation of fare calculation devices¾unbooked commercial passenger vehicle services

(1)In regulation 19(1) of the Commercial Passenger Vehicle Industry Regulations 2018[1] omit "if the driver has not agreed a fixed fare with the hirer before the service is provided".

(2)After regulation 19(1) of the Commercial Passenger Vehicle Industry Regulations 2018 insert—

"(1A)The driver of a commercial passenger vehicle to whom this regulation applies must ensure that a fare calculation device is operational and used during the provision of the unbooked commercial passenger vehicle service.

Penalty:10 penalty units.

Note

An unbooked commercial passenger vehicle service is defined in section 3 of the Act to mean a commercial passenger vehicle service that is provided other than as a result of the provision of a booking service.

See also the definition of commercial passenger vehicle service in sections 3 and 4 of the Act.

See also section 7(5) of the Act.".

5Provision of fare estimate or fixed fare

(1)In regulation 21(2) of the Commercial Passenger Vehicle Industry Regulations 2018, for "either an estimate of the fare or a fixed fare" substitute "an estimate of the fare".

(2)At the foot of regulation 21(2) of the Commercial Passenger Vehicle Industry Regulations 2018 insert—

"Note

See also regulation 19.".

6Meaning of booking service

For regulation 30A of the Commercial Passenger Vehicle Industry Regulations 2018 substitute—

"30A   Meaning of booking service

For the purposes of section 7(5) of the Act, a person is a prescribed person if the person—

(a)provides a service on the internet, under an agreement with a registered booking service provider, that—

(i)uses information of the registered booking service provider in relation to commercial passenger vehicle services offered by that provider; and

(ii)allows a person to book a commercial passenger vehicle service offered by that provider; or

(b)as the driver of a commercial passenger vehicle, provides a commercial passenger vehicle service where the commercial passenger vehicle is—

(i)hired from a taxi zone within the meaning of rule 182(2) of the Road Safety Road Rules 2017; or

(ii)hired from a taxi rank; or

(iii)hailed from the street or other place.

Note

Section 7(5) of the Act provides that a person prescribed for the purposes of that subsection is taken not to provide a booking service. See also the definition of unbooked commercial passenger vehicle service in section 3 of the Act and the definition of commercial passenger vehicle service in sections 3 and 4 of the Act.

Taxi zone is defined in rule 182(2) of the Road Safety Road Rules 2017 to be a length of a road to which a taxi zone sign applies.".

PART 3—AMENDMENT TO THE COMMERCIAL PASSENGER VEHICLE INDUSTRY (INFRINGEMENTS) REGULATIONS 2018

7Amendment to Schedule 1

In Schedule 1 to the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018[2], before item 35 insert—

"34A reg. 19(1A) 2·5 penalty units 1367".

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ENDNOTES

[1] Reg. 4(1): S.R. No. 84/2018 as amended by S.R. Nos 53/2019, 166/2019, 65/2020, 122/2020, 146/2020 and 66/2022.

[2] Reg. 7: S.R. No. 85/2018 as amended by S.R. Nos 85/2018, 162/2019, 122/2020 and 66/2022.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.