Passenger Transport Act 1990 Passenger Transport (Taxi-cab Services) Amendment Regulation 1998 (1998-335) [GG No 97 of 26.6.1998, p 4523] (NSW)

Case

New South Wales
under the
Passenger Transport Act 1990
His 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
The objects of this Regulation are as follows:

to require certain taxi-cabs to be fitted with security screens (Schedule

1 [1]),

to provide that the holder of a taxi-cab network authority must ensure that a specified number of taxi-cabs using the network's booking service during certain hours are capable of being fitted with and carry certain child restraints (Schedule 1 [2]).

to change (from 1 July 1998 to 1 July 1999) the date by which taxi-cabs are to be painted in their radio network colours (Schedule 1

[3]).

the outside of taxi-cabs without the approval of the Director-General to create offences in relation to the use of advertisements within or on
and to provide for the issue of penalty notices in respect of the
offences (Schedule 1 [4] and [6]).
Published in Gazette No 97 of 26 June 1998, page 4523 Page 1

Passenger Transport (Taxi-cab Services) Amendment Regulation 1998

Explanatory note

(e) to increase (from $20 to $100) the fee for an application for an

authority as a taxi-cab driver under the Passenger Transport Act 1990 and to prescribe the fee for the renewal of any such authority (the

$100 fee for an application for accreditation as an operator is not

changed) (Schedule 1 [5]).

This Regulation adopts the standards for certain child restraints specified in the Australian/New Zealand Standard Child restraint systems for use in motor vehicles numbered AS/NZS 1754: 1995.

This Regulation is made under the passenger Transport Act 1990, including sections 11A (Issue and renewal of authority), 41 (Taxi-cab networks) and 63 (the general regulation-making power).

1998 No 335

Passenger Transport (Taxi-cab Services) Amendment Regulation 1998 Clause 1
Name of Regulation

This Regulation is the Passenger Transport (Taxi-cab Services)

Amendment Regulation 1998.

Commencement

This Regulation commences on 1 July 1998.

Amendment of Passenger Transport (Taxi-cab Services)
Regulation 1995

The Passenger Transport (Taxi-cab Services) Regulation 1995 is amended as set out in Schedule 1.

Notes

The explanatory note does not form part of this Regulation.

1998 No 335

Passenger Transport (Taxi-cab Services) Amendment Regulation 1998

Schedule 1 Amendments

(Clause 3)

  1. Clause 7B

    Omit the clause. Insert instead:

    7B Security screens

This clause commences:
(a) in relation to taxi-cabs operating within the

Metropolitan transport district, on 31 July 1998, and

(b) in relation to taxi-cabs operating within:
( i ) the Newcastle or Wollongong transport district, or
( i i ) the Gosford or Wyong local government area,

on 31 January 1999.

The operator of a taxi-cab must ensure that the taxi-cab is fitted with an approved driver protection screen.

Maximum penalty: 10 penalty units.

by other persons in the taxi-cab, being a screen that
a screen that protects the driver of a taxi-cab from attack In this clause, approved driver protection screen means
complies with the requirements established for the time being by the Director-General by order published in the Gazette.
  1. Clause 10A

    Insert after clause 10:

    10A Certain child restraints to be carried in taxi-cabs

(1) This clause commences on 31 July 1998.

( 2 )

For the purposes of section 41 (5) of the Act, subclause (3) is prescribed as a condition to which a taxi-cab network authority is subject.

Passenger Transport (Taxi-cab Services) Amendment Regulation 1998

Amendments Schedule 1

(3)

The holder of a taxi-cab network authority must ensure that between the hours of 8 am and 6 pm on any day that is not a Saturday or Sunday:

(a) in the case of a taxi-cab network that has less than

10 taxi-cabs using its booking service during those

hours-at least one of the taxi-cabs, or

(b)

in the case of a taxi-cab network that has 10 or more taxi-cabs using its booking service during those hours-at least one taxi-cab out of every 10 taxi-cabs using the service during those hours (disregarding any number less than 10),

is capable of being fitted with and carries a child
restraint.

Maximum penalty: 200 penalty units.

(4) In this clause:
child restraint means a child restraint that complies with the requirements of the Australian/New Zealand Standard entitled Child restraint systems for use in motor vehicles and numbered AS/NZS 1754:1995, as published
in 1995 by Standards Australia and Standards New
Zealand, for both a Type A1 and a Type B child restraint. taxi-cab network authority has the same meaning as in section 41 of the Act.

[3]        Clause 11A Network decals and livery

Omit “ 1 July 1998” from clause 11A (1) (b).
Insert instead “ 1 July 1999".

Insert after clause 11A

11B Advertisements within or on outside of taxi-cabs

(1)

The operator of a taxi-cab must not display, affix or install, or permit a person to display, affix or install, any advertisement wi th in or on the outside of the taxi-cab unless the advertisement has been approved by the Director-General.

Maximum penalty: 5 penalty units.

Passenger Transport (Taxi-cab Services) Amendment Regulation 1998

Schedule 1 Amendments
(2) The driver of a taxi-cab must not display, affix or install, or permit a person to display, affix or install, any advertisement within or on the outside of the taxi-cab unless the advertisement has been approved by the Director-General.
Maximum penalty: 5 penalty units.
  1. Clause 58

    Omit the clause. Insert instead:

    58 Fees

(1) For the purposes of section 11A (1) of the Act, the prescribed fee for the renewal of an authority to drive a taxi-cab is $45.
(2) For the purposes of section 15 of the Act, the prescribed
fee for consideration of an application is $100.
  1. Schedule 1 Penalty notice offences

    Insert in Part 2 after the matter relating to clause 11 (7):

Clause 11B ( 1 ) taxi operator displays/affixes/ $150

installs advertisement/permits display/affixing/installation of advertisement

taxi driver dispalys/affixes/
installs advertisement/permits

$150

display/affixing/installation of
advertisement

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