Country Taxi-cars (Fares and Charges) Amendment Regulations 2006 (WA)

Case
No judgment structure available for this case.

2570 GOVERNMENT GAZETTE, WA 14 July 2006

TH301*

Transport Co-ordination Act 1966

Country Taxi-cars (Fares and Charges)

Amendment Regulations 2006

Gazette 1 December 20051

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Country Taxi-cars (Fares and
Charges) Amendment Regulations 2006.

2.            The regulations amended

The amendments in these regulations are to the Country Taxi- cars (Fares and Charges) Regulations 1991*.

[* Reprinted as at 26 April 2000.

For amendments to 18 January 2006 see Western Australian Legislation Information Tables for 2004, Table 4, p. 412 and

14 July 2006 GOVERNMENT GAZETTE, WA 2571

3.            Regulation 3 amended

(1) Regulation 3(1) is amended as follows:

(a)

by deleting "the Schedule" in both places where it occurs and inserting instead -

Schedule 1 ";

(b)

by inserting after "be" in the second place where it " not more than

(c)

by deleting "and no greater or lesser fare or charge shall be taken or made unless special fares or charges, or both, are approved for particular local conditions or unless contract rates are approved by the Director General".

(2) After regulation 3(1) the following subregulation is inserted -

44

(la) Fares and charges less than those set Out in Schedule 1 shall be taken or made, and fares and charges more than those set out in the Schedule may be taken or made, if the Director General approves such fares and

charges as -

(a)

special fares or charges, or both, for particular local conditions; or

(b) contract rates.

(3) Regulation 3(3) is amended by deleting "the Schedule" and

inserting instead -
" Schedule I

4.            Regulation 4A inserted

After regulation 4 the following regulation is inserted -
4A. Driver may require a deposit

Prior to accepting a hiring, a driver may require a hirer to pay a deposit equal to the anticipated fare as estimated by the driver.

5. Regulation 7A inserted
After regulation 7 the following regulation is inserted -
7A. Infringement notices and modified penalties
(1) For the purposes of section 58A of the Act, the

prescribed offences against these regulations for which

2572 GOVERNMENT GAZETTE, WA 14 July 2006

infringement notices may be given, and the modified penalties for those offences, are set Out in Schedule 2.

(2) For the purposes of section 58A(3), the prescribed form
of infringement notice is Form 1 in Schedule 3.
(3) For the purposes of section 58A(2), the prescribed form
of notice of withdrawal of infringement notice is
Form 2 in Schedule 3.

6.            Schedules 2 and 3 inserted

After Schedule I the following Schedules are inserted -

Schedule 2 - Modified penalties

[r. 7A(1)]

Item Regulation Description of offence Modified
1 r. 3(1) Taking or making fare or
charge for hire of taxi-car that
is more than relevant fare or
charge set out in Schedule 1 $50
2 r. 3(la) Taking or making fare or
charge for hire of taxi-car that
is more than relevant special
fare or charge or contract rate
approved by Director General $50
3 r. 3(5) Hirer of taxi-car failing to
pay toll or parking fee
incurred upon request $50
4 r. 4(1) Evading or attempting to evade
payment of fare or charge $50

5

r. 4(2)

Driver of taxi-car failing to report evasion or attempted

evasion of payment of fare or
charge to Director General $50
6 r. 6(1) Owner of taxi-car failing to
have schedule detailing rates
and charges in vehicle or
driver failing to make
schedule available to hirer
upon request $50

7

r. 6(2)

Driving a taxi-car in which schedule detailing rates and charges is not carried

$50

14 July 2006 GOVERNMENT GAZETTE, WA 2573

Schedule 3— Forms

[r. 7A(2) and (3)]

FORM 1

TRANSPORT CO-ORDINA TION ACT 1966— section 58A

COUNTRY TAXI-CARS (FARES AND CHARGES)

REGULATIONS 1991 - regulation 7A(2)

Western Australia

Department for Planning and Infrastructure

TAXI INFRINGEMENT NOTICE

PART "B" This space for cash register imprint
To be retained by Cashier.
OFFICE COPY ONLY
Please do not detach from Part "A"
PART "A"
OFFICIAL RECEIPT
DEFENDANT'S COPY
No......................

Issue Date ........../........../........

Sex [] Date of birth[ ]/[ lIE I
M. .......................................................................................................................................
Surname (Block Letters) Other Names in full MDL Number

Address............................................................................................................................

Number and Street Town or Suburb Postcode
Particulars of Taxi
Plate No
Make........................................Model .......................................Colour ....................
Company..................................
It is alleged that at ..............hours on .........day of..........................20 ..........
at............................................................
that you committed the offence indicated hereunder.
Annual fee due ........./........../..........

Description of offence

Penalty $ [ J [] []

No..................

Signature of authorised person

Take notice that -

If you do not wish to have a complaint of the alleged offence heard and determined by a incurred and action may be taken to suspend your Motor Driver's Licence until you have paid in full the modified penalty and any additional charges OR you have elected to have this matter heard and determined by a court.
court, you may pay to an officer specified on the reverse side of this notice, within

28 days, the total amount specified.

Payment may be made -

(i) by post to—

[Insert appropriate address here]

2574 GOVERNMENT GAZETTE, WA 14 July 2006
(ii)

Clerk of Courts -

by hand to— Esperance, Fremantle, Geraldton, Harvey, Kalgoorlie, Karratha, Katanning, Kununurra, Mandurah, Manjimup, Merredin, Moora, Midland, Narrogin, Northam, Pinjarra, Port Hedland, Roeboume, Rockingham and Perth - Court of Petty Sessions, Level 2, Central Law Courts, 30 St George's Terrace.

A receipt will not be mailed unless requested.
Payments will not be accepted at any Department for Planning aiid Infrastructure
offices.

Inquiries should be made in writing and forwarded by post to -

(Insert appropriate address here)

TAXI INFRINGEMENT NOTICE CREDIT CARD SLIP

Do not detach - Return complete document with payment to -

[Insert appropriate address here]

Please debit my credit card account -

Bankcard [ ] Mastercard [ ] Visacard [

CardNumber[
Amount [] [ ] []
CardholderName. ...............................................................................................................

Signature: ...........................................................................Expiry Date. ......../........./........

FORM 2

TRANSPORT CO-ORDINATIONACT 1966— section 58A

COUNTRY TAXI-CARS (FARES AND CHARGES) REGULATIONS 1991 -

regulation 7A(3) Western Australia

Department for Planning and Infrastructure

NOTICE OF WITHDRAWAL OF INFRINGEMENT NOTICE

Name Serial No.............

Address
Dear Sir/Madam
Notice of withdrawal of proceedings
Infringement Number

Date Time Code Description

14 July 2006 GOVERNMENT GAZETTE, WA 2575

Take notice that I, being authorised to do so, hereby withdraw proceedings under the Transport Co-ordination Act 1966 in relation to the infringement notice issued for the above offence.

Director General Date
By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0