Passenger Transport Amendment (Hire Cars in Rural Areas) Regulation 2015 (NSW)
New South Wales
Passenger Transport Amendment (Hire Cars
in Rural Areas) Regulation 2015
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.
ANDREW CONSTANCE, MP
Minister for Transport and Infrastructure
Explanatory note
The object of this Regulation is to further regulate private hire vehicles that operate in certain rural areas (that is, areas outside the Metropolitan, Newcastle and Wollongong transport districts and the Gosford and Wyong local government areas) as follows:
| (a) | by prohibiting any advertisement (including any decal or sign) on a private hire vehicle that advertises the service provided, |
| (b) | by prohibiting any advertising or representation, by whatever means, that the driver of a private hire vehicle may accept a hiring less than 30 minutes before it is required, |
| (c) | by prohibiting the driver or operator of a private hire vehicle from accepting a hiring where the booking is made less than 30 minutes before the private hire service is required (subject to exceptions for medical emergencies or where no taxi-cab service is available), |
| (d) | by requiring the keeping of records in relation to the hiring of private hire vehicles, |
| (e) | by providing for the issue of penalty notices for the new offences. |
The proposed provisions will be automatically repealed after 1 year. regulation-making power).
Passenger Transport Amendment (Hire Cars in Rural Areas)
Regulation 2015
under the
Passenger Transport Act 1990
1 Name of Regulation
This Regulation is the Passenger Transport Amendment (Hire Cars in Rural Areas)
Regulation 2015.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
| Schedule 1 | Amendment of Passenger Transport Regulation 2007 |
[1] Part 9, Division 2A
Insert after clause 198:
Division 2A Drivers, operators and licensees in certain rural areas
| 198A | Application |
This Division applies to all areas other than the following:
(a) the Metropolitan, Newcastle and Wollongong transport districts, (b) the Gosford and Wyong local government areas.
| 198B | Advertisements and notices in or on outside of private hire vehicles | |
|
Maximum penalty: 50 penalty units.
(2)
An authorised officer may direct the driver, operator or licensee of a private hire vehicle to remove any service advertisement that contravenes this clause.
(3) A person who is given a direction under subclause (2) must comply with the
direction.
Maximum penalty: 10 penalty units.(4) In this clause:
service advertisement means any notice, sign or decal that advertises the
service that a person may provide in relation to a private hire vehicle.
| 198C | No advertisements that booking can be made less than 30 minutes before hiring | |
|
Maximum penalty: 20 penalty units.
(2) For this purpose, advertise or otherwise represent includes direct advertising
or any interview:
(a) on the internet, or (b)
in any other form of media (including television, radio, newspapers or other publications), or
(c) by means of short message service or instant messaging, or (d) by means of any sign, poster or leaflet. (3) This clause does not limit clause 234. Note. Clause 234 (1) (a) also makes it an offence for the driver or operator of a private hire vehicle to advertise, or otherwise represent, that the person is accredited under the Act to carry on a taxi service (if the person is not so accredited).
| 198D | Booking cannot be made less than 30 minutes before hiring | |
|
Maximum penalty: 50 penalty units.
(2) This clause does not prohibit the acceptance of a hiring:
(a)
if the hirer requires to be taken to a medical practitioner or hospital for urgent medical treatment, or
(b)
in circumstances where there is no taxi-cab licensed under the Act to service the area for which the private hire vehicle is to be hired.
198E Record keeping requirements
(1) The driver or operator of a private hire vehicle must keep the following records
of each hiring accepted in relation to the private hire vehicle:
(a) the time and date on which the booking for the hiring was made, (b) the person or body for whom the booking was made, (c) the time and date on which the hiring for that person or body occurred. Maximum penalty: 50 penalty units.
(2) The driver or operator of a private hire vehicle:
(a)
must keep those records in the English language in a form that is capable of being audited, and
(b) must retain the records for a period of at least 2 years. (3) The driver or operator of a private hire vehicle must, on demand by an
authorised officer, produce any such record in written form for inspection.
Maximum penalty: 10 penalty units.
198F Repeal of Division This Division is repealed on the first anniversary of the commencement of this
Division.
[2] Schedule 3 Penalty notice offences
Insert in appropriate order in Part 2, in Columns 1 and 2, respectively:
Clause 198B (1) $1,000 Clause 198B (3) $250 Clause 198C (1) $500 Clause 198D (1) $1,000 Clause 198E (1) $1,000 Clause 198E (3) $250
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