Passenger Transport Act 1990 Passenger Transport (Tax-cab Services) Amendment (Sydney Airport) Regulation 2002 (2002-1002) [GG No 263 of 20.12.2002, p 10798] (NSW)
2002 No 1002
| Passenger Transport (Taxi-cab | New South Wales |
Services) Amendment (Sydney Airport)
Regulation 2002
under the
Passenger Transport Act 1990
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Passenger Transport Act 1990.
CARL SCULLY, M.P.,
Minister for Transport
Explanatory note
The object of this Regulation is to make further provision for the safe, reliable and efficient operation of taxi-cab services in the Sydney Airport precinct by:
| (a) | increasing the penalty applicable in respect of various offences involving taxi- cabs or drivers of taxi-cabs if the offence is committed in the Sydney Airport precinct, and |
| (b) | introducing new offences relating to the provision of taxi-cab services in the Sydney Airport precinct. |
In respect of the following offences, the Regulation increases the maximum penalty that may be imposed by a court for the offence or the penalty applicable if the offence is dealt with by the issue of a penalty notice (or both), if the offence is committed by the driver of a taxi-cab in the Sydney Airport precinct:
| (a) | the offence of failing to display a driver authority card as required, |
| (b) | the offence of failing to ensure that a taxi-cab is clean and tidy, |
| (c) | the offence committed by a taxi-cab driver if he or she fails to be clean and tidy when driving the taxi-cab for hire, |
| Published in Gazette No 263 of 20 December 2002, page 10798 | Page 1 |
| [16] | |
| 2002 No 1002 |
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport) Regulation 2002
Explanatory note
| (d) | the offence committed by a taxi-cab driver if he or she is more than 3 metres from the taxi-cab without reasonable excuse, |
| (e) | the offence of touting or soliciting for passengers or hirings, |
| (f) | the offence of failing to pick up or set down passengers close to and parallel with the side of the carriageway of a road or road related area. |
In addition, the following provisions will apply in relation to the Sydney Airport precinct:
| (a) | the driver of a taxi-cab will commit an offence if he or she accepts a hiring in the Sydney Airport precinct otherwise than while standing in a taxi zone (unless the hiring was accepted through a taxi-cab booking service), |
| (b) | the driver of a taxi-cab must comply with any request by an authorised officer for information as to whether the taxi-cab is hired and details of the hiring, |
| (c) | the driver of a taxi-cab must comply with any direction given by an authorised officer in the Sydney Airport precinct requiring the driver to stop the taxi-cab or to move the taxi-cab in a particular direction or to a particular location. |
This Regulation is made under the Passenger Transport Act 1990, including sections 59 and 63 (the general regulation-making power).
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2002 No 1002
| Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport) | Clause 1 |
| Regulation 2002 |
Passenger Transport (Taxi-cab Services)
Amendment (Sydney Airport) Regulation 2002
1 Name of Regulation
This Regulation is the Passenger Transport (Taxi-cab Services)
Amendment (Sydney Airport) Regulation 2002.
2 Commencement
This Regulation commences on 20 December 2002.
3 Amendment of Passenger Transport (Taxi-cab Services) Regulation 2001
The Passenger Transport (Taxi-cab Services) Regulation 2001 is amended as set out in Schedule 1.
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 3 Definitions
Insert in alphabetical order:
Sydney Airport precinct means the area known as the Sydney Domestic Airport and the Sydney International Airport terminals and operation district, Sydney, bounded by Airport Drive, Qantas Drive, Joyce Drive, General Holmes Drive, Marsh Street and the M5 Motorway.
[2] Clause 35 Driver to display driver’s authority card
Omit the maximum penalty from clause 35 (2). Insert instead:
Maximum penalty: 10 penalty units (in the case of an offence committed in the Sydney Airport precinct) or 5 penaltyunits (in any other case).
[3] Clause 39 Taxi-cab to be clean
Omit the maximum penalty. Insert instead:
Maximum penalty: 10 penalty units (in the case of an offence committed in the Sydney Airport precinct) or 2 penalty units (in any other case).
[4] Clause 47 Driver to remain with taxi-cab
Omit the maximum penalty. Insert instead:
Maximum penalty: 15 penalty units (in the case of an offence committed in the SydneyAirport precinct) or 5 penalty units (in any other case).
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Amendments | Schedule 1 |
[5] Clause 47 (2)
Insert at the end of clause 47:
(2) This clause does not apply:
(a)
if the driver of a taxi-cab moves more than 3 metres from the taxi-cab for the purpose of loading luggage or goods into, or removing luggage or goods from, the taxi-cab, or
(b)
to the driver of a taxi-cab while the taxi-cab is in a holding bay in the Sydney Airport precinct.
(3) In this clause:
holding bay means an area in the Sydney Airport precinct designated by signs erected with the approval of the Sydney Airport Corporation Limited as a holding bay for taxi-cabs.
[6] Clause 54 No touting or soliciting for passengers or hirings
Omit the maximum penalty from clause 54 (1). Insert instead:
Maximum penalty: 50 penalty units (in the case of an offence committed in the SydneyAirport precinct) or 5 penalty units (in any other case).
[7] Clause 54 (2)
Omit the maximum penalty. Insert instead:
Maximum penalty: 50 penalty units (in the case of an offence committed in the Sydney Airport precinct) or 5 penaltyunits (in any other case).
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Schedule 1 | Amendments |
[8] Part 3A
Insert after clause 70:
Part 3A SydneyAirport precinct—special provisions
70A Taxi-cabs to be hired only at taxi zones
(1)
The driver of a taxi-cab must not accept a hiring in the Sydney Airport precinct unless, at the time the taxi-cab is hired, the taxi-cab is in a taxi zone.
Maximum penalty: 50 penalty units. (2) This clause does not apply in respect of a hiring that is made by
means of a taxi-cab booking service.
70B Information on hirings to be supplied
(1)
An authorised officer may require the driver of a taxi-cab who is in the Sydney Airport precinct to answer questions relating to the following:
(a) whether the driver’s taxi-cab is hired, (b)
if the driver indicates that the taxi-cab is hired, the details of that hiring.
(2)
The driver of a taxi-cab must not, without reasonable excuse, fail to comply with a requirement made of the driver under this clause.
Maximum penalty: 10 penalty units. (3)
The driver of a taxi-cab must not, in purported compliance with a requirement made under this clause, provide any information knowing that it is false or misleading in a material particular. Maximum penalty: 10 penalty units.
70C Directions by authorised officers (1) An authorised officer may, for the purpose of ensuring that public passenger services are provided in the Sydney Airport precinct in a manner that is safe, reliable and efficient, direct the driver of a taxi-cab in the Sydney Airport precinct, by means of a sign or by any other reasonable method:
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Amendments | Schedule 1 |
(a) to stop the taxi-cab, or (b)
to move the taxi-cab in a particular direction or to a particular location in the Sydney Airport precinct.
(2) The driver of a taxi-cab must not, without reasonable excuse, fail to comply with a direction given to the driver under this clause. Maximum penalty: 10 penalty units.
[9] Clause 90 Penalty notice offences
Omit clause 90 (1) (b). Insert instead:
(b) the prescribed penalty for such an offence is as follows:
(i) the amount specified in Column 2 of Schedule 2, unless subparagraph (ii) applies, (ii) in the case of an offence for which an amount is specified in Column 3 of Schedule 2, and that is an offence committed in the Sydney Airport precinct, the amount specified in Column 3 of Schedule 2.
[10] Clause 91 Short descriptions
Omit the clause.
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Schedule 1 | Amendments |
[11] Schedule 2 Penalty notice offences
Omit the Schedule. Insert instead:
Schedule 2 Penalty notice offences (Clause 90) Part 1 Offences under Passenger Transport Act 1990
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Section 30 $1,000 (1) (a) Section 30 $1,000 (1) (b) Section 31D (3) $500 Section 33 (2) $500 Section 34D (3) $1,000 Section 53B (1) $500 Section 53B (2) $500 Section 56 $300 Part 2 Offences under Passenger Transport (Taxi-
cab Services) Regulation 2001
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 8 (a) $400
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 8 (b) $400 Clause 8 (c) $400 Clause 9 (1) $200 Clause 10 (1) $300 Clause 10 (2) $300 Clause 11 (1) $300 Clause 11 (5) $300 Clause 12 (1) $300 Clause 12 (2) $300 Clause 13 (1) $300 Clause 13 (3) $300 Clause 14 (1) $300 Clause 14 (2) $300 Clause 14 (3) $300 Clause 14 (4) $300 Clause 15 $300 Clause 16 $150 Clause 17 (1) $150 Clause 18 $300 Clause 19 $200 Clause 20 (8) $200
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 20 (9) $300 Clause 21 (1) (a) $150 Clause 21 (1) (b) $150 Clause 22 (1) $150 Clause 23 $150 Clause 24 (2) $200 Clause 24 (3) $100 Clause 25 $150 Clause 26 $200 Clause 27 (a) $200 Clause 27 (b) $200 Clause 28 $200 Clause 30 (1) $200 Clause 30 (2) (a) $150 Clause 30 (2) (b) $200 Clause 30 (2) (c) $200 Clause 30 (3) $150 Clause 31 $200 Clause 32 (1) $300 Clause 34 $400 Clause 35 (1) $150
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 35 (2) $150 $750 Clause 36 (1) $300 Clause 38 (1) $75 Clause 38 (2) $75 Clause 39 $150 $750 Clause 40 (a) $200 Clause 40 (b) $200 Clause 41 (1) $200 Clause 41 (2) $150 Clause 41 (4) $200 Clause 42 $150 Clause 43 (1) (a) $150 Clause 43 (1) (b) $150 Clause 43 (1) (c) $75 Clause 43 (1) (d) $75 Clause 43 (1) (e) $150 Clause 43 (1) (f) $200 Clause 45 (a) $75 $750 Clause 45 (b) $200 Clause 45 (c) $150 Clause 46 $75
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 47 (1) $150 $1,000 Clause 48 (1) $150 Clause 48 (2) $150 Clause 48 (6) $200 Clause 49 $150 Clause 50 (a) $150 Clause 50 (b) $150 Clause 50 (c) $150 Clause 51 (3) (a) $150 Clause 51 (3) (b) $150 Clause 54 (1) $150 $5,000 Clause 54 (2) $150 $5,000 Clause 55 (1) $150 Clause 56 (1) $150 Clause 56 (2) $150 Clause 57 (2) $150 Clause 58 (1) (a) $150 Clause 58 (1) (b) $150 Clause 58 (3) $150 $300 Clause 59 $200 Clause 60 $150
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 62 (1) $150 Clause 62 (3) $150 Clause 63 (1) $150 Clause 65 (2) $150 Clause 66 (a) $150 Clause 66 (b) $150 Clause 67 (2) $150 Clause 67 (3) $150 Clause 68 (2) $150 Clause 69 (1) $150 Clause 70 (1) $150 Clause 70 (2) $100 Clause 70 (3) $150 Clause 70 (4) $150 Clause 70 (7) $150 Clause 70A (1) Not applicable $5,000 Clause 70B (2) Not applicable $750 Clause 70B (3) Not applicable $750 Clause 70C (2) Not applicable $750 Clause 71 (a) $200 Clause 71 (b) $200
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2002 No 1002
Passenger Transport (Taxi-cab Services) Amendment (Sydney Airport)
Regulation 2002
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 72 (1) $150 Clause 72 (2) $150 Clause 73 $50 Clause 74 (2) $100 Clause 75 (2) $100 Clause 76 (2) $100 Clause 81 (4) $300 Clause 83 $200 Clause 84 (1) $150 Clause 84 (2) $150 Clause 85 (2) $150 Schedule 1, clause 2 $500 Schedule 1, clause 3 $200 Schedule 1, clause 4 $200 (1)
BY AUTHORITY
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