Motor Vehicle (Hire Car) Regulations 1985 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

MOTOR VEHICLE (HIRE CAR) regulations 1985

As in force at 20 June 2018

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary1 — Citation2 — Commencement4 — DefinitionsPart II — Licensing of driversDivision 2 — Licensing of drivers6 — Driver of hire car to be specially licensed7 — Registrar to be satisfied in relation to certain matters before issuing licence8 — Certificate in relation to fitness and competency9 — Medical certificate in relation to hire car driverPart III — Conduct, &c., of drivers and passengersDivision 1 — General10 — Driver conduct10A — Driver to display identification card32 — Operation of taximeterPart VIII — Miscellaneous70 — Driver of private hire car not to Driver of private hire car not to75 — Regulatory offences76 — Offences resulting from accident or other unavoidable causes77 — Transitional and savingsENDNOTES northern territory of australia

northern territory of australia

As in force at 20 June 2018

MOTOR VEHICLE (HIRE CAR) regulations 1985

Regulations under the Motor Vehicles Act 1949

Part IPreliminary 1Citation

These Regulations may be cited as the Motor Vehicle (Hire Car) Regulations 1985.

2Commencement

These Regulations shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

4Definitions

In these Regulations:

hire car means a private hire car, limousine or taxi.

licence means:

  • (a)

    other than in respect of Division 2 of Part II and regulation 72 – a licence granted under section 26(1) or 27(1) of the Act; and

  • (b)

    in respect of Division 2 of Part II and regulation 72 – a licence granted under section 10(1) of the Act entitling the holder of the licence to drive a hire car of the type specified in that licence.

passenger, in relation to a hire car, includes the hirer of the hire car but does not include the driver of that hire car.

Part IILicensing of driversDivision 2Licensing of drivers 6Driver of hire car to be specially licensed

A person shall not drive a hire car as a hire car unless he holds a licence which specifies that he is licensed to drive a hire car of that type.

Maximum penalty:          15 penalty units.

7Registrar to be satisfied in relation to certain matters before issuing licence

The Registrar shall not grant a licence to an applicant for the licence except where he is satisfied that the applicant is:

  • (a)

    a person of good character; and

  • (b)

    a fit and proper person to hold the licence.

8Certificate in relation to fitness and competency

An applicant for a licence shall answer in writing the questions specified in an approved certificate of fitness and competency to drive a hire car.

9Medical certificate in relation to hire car driver

The Registrar may, before granting or renewing a licence, require the applicant for the licence to present a medical certificate given by a medical testing officer to the effect that the medical testing officer:

  • (a)

    has, on the date of the certificate, personally examined the applicant, knowing him to be an applicant for the grant or renewal of that licence; and

  • (b)

    is of the opinion that, having proper regard to the health and safety of passengers and of the public generally, the applicant is a medically fit and proper person to be employed as the driver of a hire car.

Part IIIConduct, &c., of drivers and passengersDivision 1General 10Driver conduct

The driver of a hire car must act in an orderly manner and with civility and propriety towards a passenger or intending passenger.

Maximum penalty:          15 penalty units.

10ADriver to display identification card

The driver of a hire car shall, whilst so employed, display in that car an identification card:

  • (a)

    of a type;

  • (b)

    containing his photograph; and

  • (c)

    displayed in a manner,

approved by the Registrar.

Maximum penalty:          15 penalty units.

32Operation of taximeter

The driver of a taxi to which a taximeter is fitted shall:

  • (a)

    as soon as the car is hired, but not sooner, set the taximeter in operation; and

  • (b)

    immediately upon the termination of a hiring, stop the taximeter.

Maximum penalty:          15 penalty units.

Part VIIIMiscellaneous 70Driver of private hire car not to

The driver of a private hire car shall not tout for passengers for, or importune a person to use, the private hire car.

Maximum penalty:          15 penalty units.

75Regulatory offences

An offence of contravening or failing to comply with these Regulations is a regulatory offence.

76Offences resulting from accident or other unavoidable causes

It is a defence to a prosecution for an offence against these Regulations if the person charged with the offence proves to the satisfaction of the court hearing the case that the occurrence which is the subject of the case was the result of accident, or could not have been avoided by any reasonable effort on his part.

77Transitional and savings
  • (1)

    In this regulation, repealed Regulations means the Motor Vehicle (Hire Car) Regulations 1953 as in force at any time before the commencement of these Regulations.

  • (2)

    Where:

    • (a)

      a notice under regulation 6;

    • (b)

      an instrument under regulation 32K(2);

    • (c)

      a conversion card issued under regulation 32L; or

    • (d)

      a suspension under regulation 32N(2),

    of the repealed Regulations is:

    • (e)

      in the case of the notice, instrument and suspension – in force; and

    • (f)

      in the case of the conversion card – in existence,

    immediately before the commencement of these Regulations, the notice, instrument, conversion card and suspension shall, on and from that commencement, continue in force or in existence, as the case may be, as if made or issued, as the case may be, under these Regulations but:

    • (g)

      subject to the same terms and conditions (including conditions relating to its duration), if any, to which it was subject immediately before that commencement; and

    • (h)

      may be varied or revoked by action taken under these Regulations.

    ENDNOTES  
    • 1

      KEY

    Key to abbreviations

     

    amd = amended od = order

    app = appendix om = omitted

    bl = by-law pt = Part

    ch = Chapter r = regulation/rule

    cl = clause rem = remainder

    div = Division renum = renumbered

    exp = expires/expired rep = repealed

    f = forms s = section

    Gaz = Gazette sch = Schedule

    hdg = heading sdiv = Subdivision

    ins = inserted SL = Subordinate Legislation

    lt = long title sub = substituted

    nc = not commenced

    • 2

      LIST OF LEGISLATION

Motor Vehicle (Hire Car) Regulations (SL No. 30, 1985)

Notified

6 November 1985

Commenced

18 November 1985 (Gaz S71, 18 November 1985)

Amendment of Motor Vehicle (Hire Car) Regulations (SL No. 34, 1986)

Notified

29 August 1986

Commenced

r 3: 1 September 1986; rem: 13 September 1986 (r 1)

Statute Law Revision Act (No. 2) 1987 (Act No. 59, 1987)

Assent date

31 December 1987

Commenced

31 December 1987

Statute Law Revision Act 1988 (Act No. 66, 1988)

Assent date

22 December 1988

Commenced

22 December 1988

Amendment of the Motor Vehicle (Hire Car) Regulations (SL No. 25, 1989)

Notified

2 October 1989

Commenced

2 October 1989

Amendment of Motor Vehicle (Hire Car) Regulations (SL No. 38, 1990)

Notified

1 October 1990

Commenced

1 October 1990

Amendment of the Motor Vehicle (Hire Car) Regulations (SL No. 42, 1991)

Notified

1 August 1991

Commenced

1 August 1991

Statute Law Revision Act 2003(Act No. 12, 2003)

Assent date

18 March 2003

Commenced

18 March 2003

Commercial Passenger (Road) Transport (Consequential Amendments) Act2003 (Act No. 41, 2003)

Assent date

7 July 2003

Commenced

1 August 2003 (Gaz G30, 30 July 2003, p 2)

Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)

Assent date

12 July 2013

Commenced

28 August 2013 (Gaz G35, 28 August 2013, p 2)

Commercial Passenger Vehicle Legislation Amendment Regulations2016 (SL No. 33, 2016)

Notified

6 July 2016

Commenced

1 October 2016 (r 2)

Commercial Passenger Vehicle Legislation Amendment Regulations2017 (SL No. 34, 2017)

Notified

29 November 2017

Commenced

1 December 2017 (r 2)

Statute Law Revision Act 2018 (Act No. 10, 2018)

Assent date

23 May 2018

Commenced

20 June 2018 (Gaz S41, 20 June 2018)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 77.

  • 4

    LIST OF AMENDMENTS

r 3                     amd No. 34, 2017, r 33

pt 2 hdg             amd Act No. 10, 2018, s 9

pt 2

div 1 hdg           rep Act No. 10, 2018, s 6

r 4                     amd Act No. 41, 2003, s 6; No. 33, 2016, r 14; No. 34, 2017, r 34

r 5                     rep Act No. 41, 2003, s 6

r 6                     amd No. 34, 2017, r 35

r 10                    sub No. 34, 2017, r 36

r 10A                 ins No. 34, 1986, r 2

rr 11 – 27           rep No. 34, 2017, r 37

r 28                    sub No. 33, 2016, r 15

rep No. 34, 2017, r 37

r 29                    rep No. 34, 2017, r 37

r 30                    amd Act No. 59, 1987, s 6

rep No. 34, 2017, r 37

r 31                    rep No. 34, 2017, r 37

r 32                    amd No. 34, 2017, r 39

r 33                    rep No. 34, 2017, r 40

pt IV hdg            rep No. 34, 2017, r 40

pt IV

div 1 hdg           rep No. 34, 2017, r 40

r 34                    rep No. 34, 2017, r 40

pt IV

div 2 hdg           rep No. 34, 2017, r 40

rr 34 – 38           rep No. 34, 2017, r 40

r 39                    amd No. 33, 2016, r 16

rep No. 34, 2017, r 40

r 40                    rep Act No. 66, 1988, s 6(2)

rep No. 34, 2017, r 40

r 41                    amd No. 33, 2016, r 17

rep No. 34, 2017, r 40

rr 42 – 43           rep No. 34, 2017, r 40

r 44                    rep No. 33, 2016, r 18

r 45                    rep No. 34, 2017, r 40

pt V hdg             rep No. 34, 2017, r 40

rr 46 – 50           rep No. 34, 2017, r 40

r 51                    amd No. 34, 1986, r 3; No. 25, 1989; No. 38, 1990; No. 42, 1991; Act No. 12, 2003, s 19

rep No. 34, 2017, r 40

pt VI hdg            rep No. 34, 2017, r 40

rr 52 – 53           rep No. 34, 2017, r 40

pt VII hdg           rep No. 34, 2017, r 40

rr 54 – 69           rep No. 34, 2017, r 40

r 70                    rep No. 34, 2017, r 41

r 71                    rep Act No. 41, 2003, s 6

rr 72 – 73           rep No. 34, 2017, r 42

r 74                    amd Act No. 23, 2013, s 4

rep No. 34, 2017, r 42

r 75                    amd No. 34, 2017, r 43

sch 1                 rep No. 34, 2017, r 44

sch 2                 rep Act No. 66, 1988, s 6(2)

sch 3                 rep No. 34, 2017, r 44

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