On-demand Transport Regulations Amendment Regulations 2016 (WA)
!2016115GG!
WESTERN 2655 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online)
| PRINT POST APPROVED PP665002/00041 |
PERTH, TUESDAY, 28 JUNE 2016 No. 115 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA
ROAD TRAFFIC (AUTHORISATION TO DRIVE) ACT 2008
TAXI ACT 1994
TRANSPORT CO ORDINATION ACT 1966
_________
ON-DEMAND TRANSPORT
REGULATIONS AMENDMENT
REGULATIONS 2016
28 June 2016 GOVERNMENT GAZETTE, WA 2657
Western Australia
On-demand Transport Regulations Amendment
Regulations 2016
Contents
Part 1 — Preliminary
1. Citation
2. Commencement
Part 2 — Country Taxi-cars (Fares
and Charges) Regulations 1991
amended
3. Regulations amended
4. Regulation 1 amended
5. Regulation 2A amended
6. Regulation 3 amended
7. Regulations 3AA and 3AB inserted
3AA. Contract fares 3AB. Parking fees and cleaning costs 8. Regulation 3B amended
9. Regulation 4 amended
10. Regulation 4A amended
11. Regulation 5 replaced
5. Multiple hiring 5A. Taxi user subsidy scheme vouchers 12. Regulation 6 replaced
6. Fare schedule to be available to hirers 13. Regulation 7 amended
14. Schedule 1 amended
15. Schedule 2 amended
16. Schedule 3 amended
2658 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Contents
Part 3 — Road Traffic (Authorisation
to Drive) Regulations 2014
amended
17. Regulations amended
18. Regulation 12 amended
Part 4 — Taxi Regulations 1995
amended
19. Regulations amended
20. Regulation 3 amended
21. Regulations 6, 6A and 6B inserted
6. Schedule 3 fares 6A. Contract fares 6B. Parking fees and cleaning costs 22. Regulation 7 amended
23. Regulation 8 replaced
8. Taxi user subsidy scheme vouchers 24. Regulation 8B amended
25. Regulation 9 amended
26. Regulation 9A amended
27. Regulation 9B amended
28. Regulation 10 replaced
10. Multiple hiring 29. Regulation 12 amended
30. Regulation 13 amended
31. Regulations 17A and 17B deleted
32. Regulation 21 amended
33. Regulation 23 deleted
34. Schedule 1 amended
35. Schedule 3 inserted
Schedule 3 — Fares
Part 5 — Transport Co-ordination
Regulations 1985 amended
36. Regulations amended
37. Regulation 12 inserted
12. Omnibus licence form 38. Schedule 1 amended
39. Schedule 2 amended
28 June 2016 GOVERNMENT GAZETTE, WA 2659 On-demand Transport Regulations Amendment Regulations 2016
Contents
Part 6 — Transport (Country
Taxi-car) Regulations 1982
amended
40. Regulations amended
41. Regulation 26 amended
42. Regulation 34 amended
43. Regulation 35 amended
44. Regulations 39 and 39A replaced
39. Hire period and operation of taximeter 45. Schedule 2 amended
28 June 2016 GOVERNMENT GAZETTE, WA 2661
Road Traffic (Authorisation to Drive) Act 2008
Taxi Act 1994
Transport Co-ordination Act 1966
On-demand Transport Regulations Amendment
Regulations 2016
Made by the deputy of the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the On-demand Transport Regulations
Amendment Regulations 2016.
2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on 4 July 2016.
2662 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 2 Country Taxi-cars (Fares and Charges) Regulations 1991 amended r. 3
Part 2 — Country Taxi-cars (Fares and Charges)
Regulations 1991 amended
3. Regulations amended
This Part amends the Country Taxi-cars (Fares and Charges)
Regulations 1991.
4. Regulation 1 amended
In regulation 1 delete “Country Taxi-cars (Fares and Charges)”
and insert:
Transport (Country Taxi-cars Fares)
5. Regulation 2A amended
(1) In regulation 2A(1) delete the definition of call out. (2) In regulation 2A(1) insert in alphabetical order: booking service, for a taxi-car driver, means a person
that, at the request of a person to be provided with a
taxi-car, arranges the provision of a taxi-car that isdriven by the driver;
call out means hiring a taxi-car through the driver or
the driver’s booking service (but not hiring a taxi-car at
a taxi-stand or as a result of hailing the driver);
contract fare means an amount payable for the hire of
a taxi-car agreed under regulation 3AA(1);
GST has the meaning given in the A New Tax System
(Goods and Services Tax) Act 1999 (Commonwealth);
28 June 2016 GOVERNMENT GAZETTE, WA 2663 On-demand Transport Regulations Amendment Regulations 2016
Country Taxi-cars (Fares and Charges) Regulations 1991 Part 2 amended
r. 6
Schedule 1 fare means the fare for the hire of a taxi-car
referred to in regulation 3(1) and includes any
surcharge or fee of a kind set out in Schedule 1 for the
hire;6. Regulation 3 amended
(1) Delete regulation 3(1) and (1a) and insert:
(1) Each owner, driver and other operator of a taxi-car that
is hired in a region must ensure that the fare, and any
surcharge and fee of a kind set out in Schedule 1, for
the hire of the taxi-car, inclusive of GST, are not more
than those set out in Schedule 1 in respect of that
region.(1A) A driver of a taxi-car must not select a tariff for a
passenger that is not the appropriate tariff as set out in
Schedule 1.(1B) Subregulations (1) and (1A) do not apply to a taxi-car
that is hired for a contract fare.(2) Delete regulation 3(5). Note: The heading to amended regulation 3 is to read: Schedule 1 fares
7. Regulations 3AA and 3AB inserted
After regulation 3 insert:
3AA. Contract fares
(1)
The amount payable for the hire of a taxi-car may be agreed between the hirer and the driver of the taxi-car or the driver’s booking service (a contract fare).
2664 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 2 Country Taxi-cars (Fares and Charges) Regulations 1991 amended r. 7
(2) Subregulation (1) does not apply if —
(a)
the taxi-car is hired at a taxi-stand or as a result of hailing the driver; or
(b)
a voucher, as defined in regulation 5A(1), is to be used as payment or part-payment of the fare.
(3) A contract fare may be higher or lower than the
Schedule 1 fare that would otherwise apply.(4) A contract fare has no effect, and cannot be recovered, unless —
(a)
the contract fare is agreed before the journey starts; and
(b)
before the journey starts, the hirer is given a written record (which may be in electronic form) complying with subregulation (5).
(5) The written record must set out —
(a) sufficient details to enable the identification of the driver, taxi-car, the hirer and at least one of the passengers; and (b) details of the proposed journey’s origin and destination; and
(c) details of the date and departure time of the proposed journey; and (d) the amount of the contract fare; and (e) a statement to the effect that, in addition to the contract fare, there may be payable in respect of the journey —
(i) parking fees mentioned in
regulation 3AB(2); and(ii) costs of cleaning mentioned in regulation 3AB(3); and
28 June 2016 GOVERNMENT GAZETTE, WA 2665 On-demand Transport Regulations Amendment Regulations 2016
Country Taxi-cars (Fares and Charges) Regulations 1991 Part 2 amended
r. 7
(iii) a surcharge for a non-cash payment mentioned in regulation 3B.
(6)
A taxi-car driver must retain a copy of the record of each contract fare agreed by the driver, or agreed on
behalf of the driver by the driver’s booking service, for a period of 12 months starting on the day the contract
fare was agreed.
3AB. Parking fees and cleaning costs
(1) This regulation applies whether a taxi-car is hired for a
Schedule 1 fare or a contract fare.(2) The hirer of a taxi-car must pay the fee, if any, for parking during the journey at a passenger’s request. Penalty for this subregulation: a fine of $200. (3) The hirer of a taxi-car may be charged for the costs of
cleaning the taxi-car if it is soiled by a passenger
during the journey.(4) A person must not charge another person for the costs mentioned in subregulation (3) —
(a) for a taxi-car hired in the Mid West region, at a rate higher than $49.45 for each hour or part of an hour for the time required to clean the taxi-car; or
(b)
for a taxi-car hired in any other region, at a rate higher than $49.00 for each hour or part of an hour for the time required to clean the taxi-car.
Penalty for this subregulation: a fine of $200.
2666 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 2 Country Taxi-cars (Fares and Charges) Regulations 1991 amended r. 8 8. Regulation 3B amended
(1) In regulation 3B(1) insert after “because a”: Schedule 1 fare or a contract (2) In regulation 3B(2) and (3) delete “Penalty:” and insert: Penalty for this subregulation: 9. Regulation 4 amended
(1) In regulation 4(1) delete “shall not evade or attempt to evade the
payment of fares or charges” and insert:must not evade or attempt to evade the payment of a Schedule 1
fare or a contract fare(2) In regulation 4(2) delete “shall report any evasion or attempted
evasion of the payment of or charge” and insert:must report any evasion or attempted evasion of a Schedule 1
fareNote: The heading to amended regulation 4 is to read: Evading fares
28 June 2016 GOVERNMENT GAZETTE, WA 2667 On-demand Transport Regulations Amendment Regulations 2016
Country Taxi-cars (Fares and Charges) Regulations 1991 Part 2 amended
r. 10
10. Regulation 4A amended
In regulation 4A:
(a) after “hiring, a” insert: taxi-car
(b) after “anticipated” insert: Schedule 1
(c) delete “driver.” and insert: driver or the contract fare.
11. Regulation 5 replaced
Delete regulation 5 and insert:
5. Multiple hiring
(1) In this regulation — multiple hiring, in relation to a taxi-car, means the
hiring of the taxi-car by 2 or more passengers who are
not accompanying each other but who agree to share
the hire of the taxi-car and pay separate fares for
carriage in the taxi-car.(2) The hirer of a taxi-car may refuse to consent to the
carriage of passengers, other than those accompanying
the hirer, during the period of the hiring.
2668 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 2 Country Taxi-cars (Fares and Charges) Regulations 1991 amended r. 11
(3) If a taxi-car is the subject of multiple hiring, each separate hirer may, at that hirer’s destination, be charged —
(a) 75% of the sum of the amount of the fare then recorded on the taximeter and any surcharge or fee of a kind set out in Schedule 1 for the hire that is not included in the metered amount; or
(b)
if the taxi-car is not fitted with a taximeter, 75% of the amount of the Schedule 1 fare that would be payable at that time if the taxi-car were being used for the carriage of a hirer or hirers for a single fare.
(4) A taxi-car that is hired for a contract fare cannot be the
subject of multiple hiring (but nothing in this
regulation prevents 2 or more passengers who are not
accompanying each other from agreeing to share the
cost of the contract fare).(5) If a taxi-car is the subject of multiple hiring —
(a) the hirer for the purposes of regulation 3AB(2) who must pay the fee, if any, for parking during the journey at a passenger’s request is the hirer
who is, or who is accompanying, that
passenger; and(b) the hirer for the purposes of regulation 3AB(3) who may be charged for the costs of cleaning the taxi-car if it is soiled by a passenger during the journey is the hirer who is, or who is accompanying, that passenger; and (c) the amounts to be paid by a hirer for the purposes of adding a surcharge under regulation 3B(1) are, in respect of each hirer, the amounts for the separate fare incurred by that hirer and any parking fee or cleaning costs
28 June 2016 GOVERNMENT GAZETTE, WA 2669 On-demand Transport Regulations Amendment Regulations 2016
Country Taxi-cars (Fares and Charges) Regulations 1991 Part 2 amended
r. 11
payable by that hirer as mentioned in
paragraph (a) or (b).
5A. Taxi user subsidy scheme vouchers
(1) In this regulation — voucher means a voucher issued under an approved
State or Commonwealth Government scheme which is
intended to make taxi travel available to people with
disability.(2) A taxi-car driver must not refuse to accept a voucher as
payment or part-payment of a Schedule 1 fare if the
payment or part-payment is in accordance with
guidelines published by the Director General.(3) A taxi-car driver who accepts a voucher must not enter
on the voucher any information that the driver knows
to be false or misleading.(4) A taxi-car driver must not accept a voucher that
contains information that the driver knows or ought to
know to be false in a material particular.(5) A person must not tender a voucher to which they are
not entitled, or that contains information that is false in
a material particular.(6) An owner or operator of a taxi-car must not direct a
taxi-car driver to refuse to accept a voucher as payment
or part-payment of a Schedule 1 fare if the payment or
part-payment is in accordance with guidelines
published by the Director General.
2670 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 2 Country Taxi-cars (Fares and Charges) Regulations 1991 amended r. 12 12. Regulation 6 replaced
Delete regulation 6 and insert:
6. Fare schedule to be available to hirers
(1) The owner of a taxi-car must ensure that there is
carried in the vehicle a schedule in a form approved by
the Director General detailing the rates and other
amounts in Schedule 1 to be paid in the event that the
taxi-car is hired for a Schedule 1 fare (the fare
schedule).(2) A taxi-car driver must make the fare schedule available to the hirer at the hirer’s request. (3) A person must not drive a taxi-car in which the fare
schedule is not carried.
13. Regulation 7 amended
In regulation 7 delete “offence and” and insert:
offence and, unless otherwise provided in these regulations,
14. Schedule 1 amended
(1) In Schedule 1 in the heading delete “Fees and charges” and insert: Fares
28 June 2016 GOVERNMENT GAZETTE, WA 2671 On-demand Transport Regulations Amendment Regulations 2016
Country Taxi-cars (Fares and Charges) Regulations 1991 Part 2 amended
r. 15
(2) In Schedule 1:
(a) after “Metered rates” (each occurrence) insert: (maximums)
(b) delete “(if the vehicle was manufactured to carry 6 or more adult passengers)” (each occurrence);
(c) after “Off meter rates” (each occurrence) insert: (maximums)
(d) delete “Other charges” (each occurrence) and insert: Other amounts (maximums)
(e) delete each item relating to Cleaning. 15. Schedule 2 amended
In Schedule 2 delete the Table and insert:
Table
Item
Regulation
Description of offence
Modified penalty
$
1. r. 3(1) Fare, surcharge or fee of a kind set out in Schedule 1 for hire of taxi-car
is more than that in Schedule 1 50 2. r. 3(1A) Selecting a tariff that is not the appropriate tariff as set out in
Schedule 1 50
2672 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 2 Country Taxi-cars (Fares and Charges) Regulations 1991 amended r. 15
Item
Regulation
Description of offence
Modified penalty
$
3. r. 3AA(6) Not retaining contract fare record for
12 months 50 4. r. 3AB(2) Hirer failing to pay parking fee
incurred at passenger’s request 50 5. r. 3AB(4)
Charging excessive cleaning costs 50 6. r. 3B(2)
Imposing excessive surcharge 50 7. r. 3B(3)
Not using correct payment terminal 50 8. r. 4(1) Evading or attempting to evade
payment of fare 50 9. r. 4(2) Failing to report evasion or attempted evasion of payment of fare to
Director General 50 10. r. 5A(2)
Refusing to accept voucher 50 11. r. 5A(3) Entering false or misleading
information on voucher 50 12. r. 5A(6) Directing taxi-car driver to refuse to
accept voucher 50 13. r. 6(1) Owner failing to ensure fare schedule
carried in vehicle 50 14. r. 6(2) Driver failing to make schedule
available to hirer upon request 50
28 June 2016 GOVERNMENT GAZETTE, WA 2673 On-demand Transport Regulations Amendment Regulations 2016
Country Taxi-cars (Fares and Charges) Regulations 1991 Part 2 amended
r. 16
Item
Regulation
Description of offence
Modified penalty
$
15. r. 6(3) Driving a taxi-car in which relevant
fare schedule is not carried 50 16. Schedule 3 amended
(1) In Schedule 3 Form 1:
(a) delete “COUNTRY TAXI-CARS (FARES AND CHARGES)” and insert:
TRANSPORT (COUNTRY TAXI-CARS FARES)
(b) delete “for Planning and Infrastructure” and insert: of Transport
(c) delete “for Planning and Infrastructure” and insert: of Transport
(2) In Schedule 3 Form 2:
(a) delete “COUNTRY TAXI-CARS (FARES AND CHARGES)” and insert:
TRANSPORT (COUNTRY TAXI-CARS FARES)
(b) delete “for Planning and Infrastructure” and insert: of Transport
2674 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 3 Road Traffic (Authorisation to Drive) Regulations 2014 amended r. 17
Part 3 — Road Traffic (Authorisation to Drive)
Regulations 2014 amended
17. Regulations amended
This Part amends the Road Traffic (Authorisation to Drive)
Regulations 2014.
18. Regulation 12 amended
Delete regulation 12(7) and (8) and insert:
(7) The CEO may make an extension F or T endorsement
if the applicant pays the relevant fee payable under
Part 7 for making the endorsement and the CEO is
satisfied that the applicant —
(a)
has, for a period of at least 3 years or periods adding up to at least 3 years, held a relevant driving authorisation; and
(b) has reached 20 years of age; and (c) is of good character; and (d)
is mentally and physically fit to drive a motor vehicle for the purposes of carrying passengers for reward.
28 June 2016 GOVERNMENT GAZETTE, WA 2675 On-demand Transport Regulations Amendment Regulations 2016
Taxi Regulations 1995 amended Part 4
r. 19
Part 4 — Taxi Regulations 1995 amended
19. Regulations amended
This Part amends the Taxi Regulations 1995.
20. Regulation 3 amended
(1) In regulation 3 delete the definitions of: fare
fare schedule(2) In regulation 3 insert in alphabetical order: booking service, for a driver, means a person that, at
the request of a person to be provided with a taxi,
arranges the provision of a taxi that is driven by thedriver;
call out means hiring a taxi through the driver or the
driver’s booking service (but not hiring a taxi at a taxi
rank or as a result of hailing the driver);
contract fare means an amount payable for the hire of
a taxi agreed under regulation 6A(1);
guaranteed booking means hiring a taxi through the
driver or the driver’s booking service (but not hiring a
taxi at a taxi rank or as a result of hailing the driver) in order to guarantee the arrival of the taxi at the arranged time and place;
GST has the meaning given in the A New Tax System
(Goods and Services Tax) Act 1999 (Commonwealth);
Schedule 3 fare means the fare for the hire of a taxi
referred to in regulation 6(1) and includes any
surcharge or fee of a kind set out in Schedule 3 for the
hire;
2676 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 4 Taxi Regulations 1995 amended r. 21 21. Regulations 6, 6A and 6B inserted
After regulation 5A insert:
6. Schedule 3 fares
(1)
Each plate holder, driver, other operator and person providing a taxi dispatch service in respect of a taxi must ensure that the fare, and any surcharge and fee of
a kind set out in Schedule 3, for the hire of the taxi, inclusive of GST, are not more than those set out in Schedule 3.
(2) A driver must not select a tariff for a passenger that is
not the appropriate tariff as set out in Schedule 3.(3) Subregulations (1) and (2) do not apply to a taxi that is
hired for a contract fare.
6A. Contract fares
(1) The amount payable for the hire of a taxi may be agreed between the hirer and the driver or the driver’s booking service (a contract fare). (2) Subregulation (1) does not apply if —
(a)
the taxi is hired at a taxi rank or as a result of hailing the driver; or
(b)
a voucher, as defined in regulation 8(1), is to be used as payment or part-payment of the fare.
(3) A contract fare may be higher or lower than the
Schedule 3 fare that would otherwise apply.(4) A contract fare has no effect, and cannot be recovered, unless —
(a)
the contract fare is agreed before the journey starts; and
28 June 2016 GOVERNMENT GAZETTE, WA 2677 On-demand Transport Regulations Amendment Regulations 2016
Taxi Regulations 1995 amended Part 4
r. 21
(b)
before the journey starts, the hirer is given a written record (which may be in electronic form) complying with subregulation (5).
(5) The written record must set out —
(a) sufficient details to enable the identification of the driver, taxi, the hirer and at least one of the passengers; and (b) details of the proposed journey’s origin and destination; and
(c) details of the date and departure time of the proposed journey; and (d) the amount of the contract fare; and (e) a statement to the effect that, in addition to the contract fare, there may be payable in respect of the journey —
(i) parking fees mentioned in
regulation 6B(2); and(ii) costs of cleaning mentioned in regulation 6B(3); and
(iii) a surcharge for a non-cash payment mentioned in regulation 8B.
(6) A driver must retain a copy of the record of each
contract fare agreed by the driver, or agreed on behalfof the driver by the driver’s booking service, for a period of 12 months starting on the day the contract
fare was agreed.
6B. Parking fees and cleaning costs
(1) This regulation applies whether a taxi is hired for a
Schedule 3 fare or a contract fare.(2) The hirer of a taxi must pay the fee, if any, for parking during the journey at a passenger’s request.
2678 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 4 Taxi Regulations 1995 amended r. 22
(3) The hirer of a taxi may be charged for the costs of
cleaning the taxi if it is soiled by a passenger during the
journey.(4) A person must not charge another person for the costs
mentioned in subregulation (3) at a rate higher than
$49.00 for each hour or part of an hour for the time
required to clean the taxi.
22. Regulation 7 amended
Delete regulation 7(1) and insert:
(1) If a vehicle is being operated as a taxi each driver, plate
holder, other operator and person providing the taxi
dispatch service involved, if any, must ensure that a
schedule in an approved form detailing the rates and
amounts in Schedule 3 to be paid in the event that the
taxi is hired for a Schedule 3 fare is displayed in an
approved position from where it is clearly visible from
the outside of the front passenger window and from the
front passenger seat.Note: The heading to amended regulation 7 is to read:
Fare schedule to be displayed in taxis
23. Regulation 8 replaced
Delete regulation 8 and insert:
8. Taxi user subsidy scheme vouchers
(1) In this regulation — voucher means a voucher issued under an approved
State or Commonwealth Government scheme which is
28 June 2016 GOVERNMENT GAZETTE, WA 2679 On-demand Transport Regulations Amendment Regulations 2016
Taxi Regulations 1995 amended Part 4
r. 24
intended to make taxi travel available to people with
disability.
(2) A driver must not refuse to accept a voucher as
payment or part-payment of a Schedule 3 fare if the
payment or part-payment is in accordance with
guidelines published by the Director General.(3) A driver who accepts a voucher must not enter on the
voucher any information that the driver knows to be
false or misleading.(4) A driver must not accept a voucher that contains
information that the driver knows or ought to know to
be false in a material particular.(5) A person must not tender a voucher to which they are
not entitled, or that contains information that is false in
a material particular.(6) A plate holder, an operator or a person providing a taxi
dispatch service must not direct a driver to refuse to
accept a voucher as payment or part-payment of a
Schedule 3 fare if the payment or part-payment is in
accordance with guidelines published by the Director
General.24. Regulation 8B amended
(1) In regulation 8B(1) delete “fare calculated using the fare
schedule” and insert:Schedule 3 fare or a contract fare
2680 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 4 Taxi Regulations 1995 amended r. 25
(2) In regulation 8B(2) and (3) delete “Penalty:” and insert: Penalty for this subregulation: 25. Regulation 9 amended
(1) In regulation 9(2) delete “shall set the meter to zero” and insert: must set the meter in operation (2) In regulation 9(3) delete “he or she shall” and insert: the driver must (3) After regulation 9(3) insert:
(4) This regulation does not apply if —
(a) the taxi is hired for a contract fare; or (b) an off meter rate set out in Schedule 3 applies to the journey.
26. Regulation 9A amended
In regulation 9A:
(a) after “any” insert: Schedule 3 fare or contract
28 June 2016 GOVERNMENT GAZETTE, WA 2681 On-demand Transport Regulations Amendment Regulations 2016
Taxi Regulations 1995 amended Part 4
r. 27
(b) after “Penalty:” insert: a fine of
27. Regulation 9B amended
In regulation 9B(1) after “of the” insert:
Schedule 3 fare or contract
28. Regulation 10 replaced
Delete regulation 10 and insert:
10. Multiple hiring
(1) In this regulation — multiple hiring, in relation to a taxi, means the hiring
of the taxi by 2 or more passengers who are not
accompanying each other but who agree to share the
hire of the taxi and pay separate fares for carriage in
the taxi.(2)
The hirer of a taxi may refuse to consent to the carriage of passengers, other than those accompanying the hirer, during the period of the hiring.
(3) If a taxi is the subject of multiple hiring, each separate hirer may, at that hirer’s destination, be charged 75% of the sum of —
(a)
the amount of the fare then recorded on the meter; and
(b)
any surcharge or fee of a kind set out in Schedule 3 for the hire that is not included in the metered amount.
2682 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 4 Taxi Regulations 1995 amended r. 29
(4) A taxi that is hired for a contract fare cannot be the
subject of multiple hiring (but nothing in this
regulation prevents 2 or more passengers who are not
accompanying each other from agreeing to share the
cost of the contract fare).(5) If a taxi is the subject of multiple hiring —
(a) the hirer for the purposes of regulation 6B(2) who must pay the fee, if any, for parking during the journey at a passenger’s request is the hirer
who is, or who is accompanying, that
passenger; and(b) the hirer for the purposes of regulation 6B(3) who may be charged for the costs of cleaning the taxi if it is soiled by a passenger during the journey is the hirer who is, or who is
accompanying, that passenger; and(c) the amounts to be paid by a hirer for the purposes of adding a surcharge under regulation 8B are, in respect of each hirer, the amounts for the separate fare incurred by that hirer and any parking fee or cleaning costs payable by that hirer as mentioned in paragraph (a) or (b).
29. Regulation 12 amended
In regulation 12 delete “fare as estimated by the driver.” and
insert:
Schedule 3 fare as estimated by the driver or the contract fare.
28 June 2016 GOVERNMENT GAZETTE, WA 2683 On-demand Transport Regulations Amendment Regulations 2016
Taxi Regulations 1995 amended Part 4
r. 30
30. Regulation 13 amended
(1) In regulation 13(2):
(a) in paragraph (a) delete “the fare” and insert: the Schedule 3 fare or contract fare
(b) delete paragraph (b) and insert:
(b) costs of cleaning mentioned in regulation 6B(3).
31. Regulations 17A and 17B deleted
Delete regulations 17A and 17B.
32. Regulation 21 amended
In regulation 21:
(a) delete “offence.” and insert: offence, and unless otherwise provided in these
regulations, the penalty is a fine of $1 000.(b) delete the Penalty.
33. Regulation 23 deleted
Delete regulation 23.
34. Schedule 1 amended
In Schedule 1 in the Table:
(a) delete item 12;
2684 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 4 Taxi Regulations 1995 amended r. 34
(b) delete items 13 and 14 and insert:
13 Regulation 6(1) Fare, surcharge or fee of a kind set out in Schedule 3 for hire of taxi is more than that in
Schedule 3 200 14 Regulation 6(2) Selecting a tariff that is not the appropriate tariff as set out in
Schedule 3 200 14A Regulation 6A(6) Not retaining contract fare
record for 12 months 100 14B Regulation 6B(2) Hirer failing to pay parking fee
incurred at passenger’s request 100 14C Regulation 6B(4) Charging excessive cleaning
costs 100 14D Regulation 7 Failure to ensure display of fare
schedule 100
(c) in item 15 delete the offence description and insert: Refusing to accept voucher
(d) delete items 16 and 17 and insert:
16 Regulation 8(3) Driver entering false or misleading information on
voucher 200 17 Regulation 8(6) Directing driver to refuse to
accept voucher 200
28 June 2016 GOVERNMENT GAZETTE, WA 2685 On-demand Transport Regulations Amendment Regulations 2016
Taxi Regulations 1995 amended Part 4
r. 35
(e) in item 18 delete the offence description and insert: Offences relating to setting, stopping or pausing meter
(f) delete item 30. 35. Schedule 3 inserted
After Schedule 2 insert:
Schedule 3 — Fares
[r. 6]
Metered rates (maximums)
Tariff Flagfall Distance rate Detention Tariff 1 Monday to Friday
6 am to 6 pm $4.20 $1.72/km $49.00/hour
Tariff 2
Monday to Friday
6 pm to 6 am
Friday 6 pm to
Monday 6 am
All day Public
Holidays $6.10 $1.72/km $49.00/hour
Tariff 3
When carrying 5 or
more passengers $6.10 $2.56/km $76.00/hour
2686 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 4 Taxi Regulations 1995 amended r. 35 Off meter rates (maximums)
When off meter rates apply Distance rate When carrying fewer than 5 passengers for a journey starting in a control area and ending outside the control area $2.08 for each kilometre from
the start of the journey to theend of the journey When carrying 5 or more passengers for a journey starting in a control area and ending outside the control area $3.16 for each kilometre from
the start of the journey to theend of the journey Tours $73.90 for the first hour or part
of the first hour$17.95 for each quarter hour after the first hour Weddings $136.20 for the first 2 hours or
part of the first 2 hours$16.90 for each quarter hour after the first 2 hours Funerals $68.20 for the first hour or part
of the first hour$16.90 for each quarter hour after the first hour Other amounts (maximums)
Call out fee
(but only if a guaranteed booking fee is not
payable for the same hire) $1.50
Guaranteed booking fee $9.00
28 June 2016 GOVERNMENT GAZETTE, WA 2687 On-demand Transport Regulations Amendment Regulations 2016
Taxi Regulations 1995 amended Part 4
r. 35
Airport fee
(for a journey starting at a terminal at the Perth
Airport) $3.00
Surcharges
Ultra-Peak —
Between midnight Friday to 3 am Saturday or
midnight Saturday to 3 am Sunday $3.60
Christmas Day —
midnight to midnight $5.10
New Year’s Eve —
6 pm New Year’s Eve to 6 am New Year’s Day $5.80
2688 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 5 Transport Co-ordination Regulations 1985 amended r. 36
Part 5 — Transport Co-ordination
Regulations 1985 amended
36. Regulations amended
This Part amends the Transport Co-ordination
Regulations 1985.
37. Regulation 12 inserted
After regulation 11 insert:
12. Omnibus licence form
An omnibus licence must be in an approved form.
38. Schedule 1 amended
In Schedule 1 delete the item relating to Form 2.
39. Schedule 2 amended
In Schedule 2:
(a) delete Form 2; (b) in Form 3 delete “LICENCE NO.” and insert: VEHICLE DESCRIPTION
(c) in Form 18 delete “Omnibus Licence No” and insert: licence for omnibus [insert vehicle description]
28 June 2016 GOVERNMENT GAZETTE, WA 2689 On-demand Transport Regulations Amendment Regulations 2016
Transport Co-ordination Regulations 1985 amended Part 5
r. 39
(d) in Form 19 delete “Omnibus/” and insert: licence for omnibus [insert vehicle description] or
2690 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 6 Transport (Country Taxi-car) Regulations 1982 amended r. 40
Part 6 — Transport (Country Taxi-car)
Regulations 1982 amended
40. Regulations amended
This Part amends the Transport (Country Taxi-car)
Regulations 1982.
41. Regulation 26 amended
(1) In regulation 26(2)(c) delete “Country Taxi-cars (Fares and
Charges)” and insert:Transport (Country Taxi-cars Fares) (2) In regulation 26(3)(c)(ii) delete “a charge to cover the cost of cleaning the taxi-car, as set out in the Country Taxi-cars (Fares and Charges) Regulations 1991 Schedule 1.” and insert: costs of cleaning mentioned in the Transport (Country Taxi-cars Fares) Regulations 1991 regulation 3AB(3). 42. Regulation 34 amended
In regulation 34(3) delete “fares and charges prescribed by the
Country Taxi-cars (Fares and Charges) Regulations 1991” andinsert: Transport (Country Taxi-cars Fares) Regulations 1991 regulation 3
28 June 2016 GOVERNMENT GAZETTE, WA 2691 On-demand Transport Regulations Amendment Regulations 2016
Transport (Country Taxi-car) Regulations 1982 amended Part 6
r. 43
43. Regulation 35 amended
In regulation 35(1)(a) delete “fares and charges prescribed by
the Country Taxi-cars (Fares and Charges) Regulations 1991;”and insert:
components of the Schedule 1 fare, as defined in the Transport
(Country Taxi-cars Fares) Regulations 1991 regulation 2A, that
can be recorded on the taximeter; and
44. Regulations 39 and 39A replaced
Delete regulations 39 and 39A and insert:
39. Hire period and operation of taximeter
(1) A period of hiring of a taxi-car commences —
(a)
if the taxi-car is engaged at a taxi-stand or as a result of being hailed, upon the entry into the taxi-car of the hirer, or a person accompanying the hirer; or
(b)
if the taxi-car is engaged to commence the hiring at a specified place, as soon as the hirer, a person accompanying the hirer or a person apparently acting on behalf of the hirer acknowledges the driver after arrival at that place; or
(c)
if the taxi-car is engaged to commence the hiring at a specified place and at a specified time, on arrival of the taxi-car at that place at, or after, that time.
(2) A period of hiring of a taxi-car terminates when the
taxi-car is free to resume plying for hire.
2692 GOVERNMENT GAZETTE, WA 28 June 2016 On-demand Transport Regulations Amendment Regulations 2016
Part 6 Transport (Country Taxi-car) Regulations 1982 amended r. 45
(3) A taxi-car driver must set the taximeter in operation at
the commencement of a hiring and stop the taximeter at
the termination of a hiring.(4) If a taxi-car driver stops the taxi-car during the period
of a hiring to refuel the taxi-car, consult a road
directory or for some other purpose not requested by
the hirer, the driver must pause the taximeter until the
journey is recommenced.(5) This regulation does not apply if —
(a) the taxi-car is hired for a contract fare under the Transport (Country Taxi-cars Fares)
Regulations 1991 regulation 3AA; or
(b) an off meter rate set out in Schedule 1 of those regulations applies to the journey.
45. Schedule 2 amended
(1) In Schedule 2, in the Table, item 14 delete “fares and charges prescribed by Country Taxi-cars (Fares and Charges) Regulations 1991” and insert: components of Schedule 1 fares as defined in Transport (Country Taxi-cars Fares) Regulations 1991 (2) In Schedule 2, in the Table, item 18:
(a) delete “r. 39” and insert: r. 39(3) and (4)
(b) delete the offence description and insert: Offences relating to setting, stopping or pausing taximeter
N. HAGLEY, Clerk of the Executive Council.
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