Passenger Transport Amendment (Taxis and Hire Cars) Regulation 2015 (NSW)
New South Wales
Passenger Transport Amendment (Taxis and
Hire Cars) 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 amend the Passenger Transport Regulation 2007 as follows:
| (a) | to remove certain regulatory provisions applying to operators and drivers of taxi-cabs and private hire vehicles, |
| (b) | to exempt operators of private hire vehicle services from the requirement to hold accreditations to operate the services if they hold authorities to drive private hire vehicles and comply with certain vehicle safety and other requirements, |
| (c) | to make it a condition of driver authorities of exempt operators that they comply with the exemption conditions, |
| (d) | to exempt operators of private hire vehicle services from the requirement to hold licences for private hire vehicles, |
| (e) | to provide for procedures relating to the renewal of accreditations for taxi-cab services, private hire vehicle services and driver authorities for taxi-cabs and private hire vehicles, |
| (f) | to reduce fees for accreditations and authorisations relating to taxi-cabs and private hire vehicles, |
| (g) | to increase penalties for certain offences. |
This Regulation is made under the Passenger Transport Act 1990, including sections 7 (3), 11 (3), 12 (3), 31A (2), 31C, 32A (2), 32K (2), 33 (4), 33A (2), 33B (2), 33C, 34 (4), 38A (2), 38C, 39C (3), 39F (1), 40B (2), 40C, 59 and 63 (the general regulation-making power).
Passenger Transport Amendment (Taxis and Hire Cars)
Regulation 2015
under the
Passenger Transport Act 1990
1 Name of Regulation
This Regulation is the Passenger Transport Amendment (Taxis and Hire Cars)
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] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
exempt private hire vehicle operator means a person who carries on a private hire vehicle service and who relies on the exemption under clause 26A to carry on that service without obtaining an accreditation.
[2] Clause 7 Applicant to be of good repute
Insert after clause 7 (2):
(3) This clause does not apply to an applicant for accreditation to carry on a public
passenger service by means of a taxi-cab or a private hire vehicle.Note. Section 7 of the Act provides that a purpose of accreditation is to attest that an applicant is considered to be of good repute. Section 8 of the Act requires RMS to have regard to the purpose of accreditation when granting an accreditation.
[3] Clause 8 Applicant to be fit and proper person to carry on relevant service
Insert after clause 8 (4):
(5) Subclause (2) does not apply to an applicant for accreditation to carry on a
public passenger service by means of a taxi-cab or private hire vehicle.Note. Section 7 of the Act provides that a purpose of accreditation is to attest that an applicant is considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a public passenger service. Section 8 of the Act requires RMS to have regard to the purpose of accreditation when granting an accreditation.
[4] Clause 9 Applicant to be competent to carry on relevant service
Insert after clause 9 (2):
(3) This clause does not apply to an applicant for accreditation to carry on a public
passenger service by means of a taxi-cab or private hire vehicle.
[5] Clause 10 Applicant to be financially capable of carrying on relevant service
Insert after clause 10 (2):
(3) Subclause (2) does not apply to an applicant for accreditation to carry on a
public passenger service by means of a taxi-cab or private hire vehicle.
[6] Clause 11 Applicant to have access to maintenance facilities for vehicles
Insert after clause 11 (2):
(3) Subclause (2) does not apply to an applicant for accreditation to carry on a
public passenger service by means of a taxi-cab or private hire vehicle.
[7] Clause 13 Fees relating to accreditations to carry on certain public passenger services
Omit “$100” wherever occurring in clause 13 (1) and (4). Insert instead “$45”.
[8] Clause 16 Vehicle maintenance
Insert “(other than an accredited taxi-cab operator or an accredited private hire vehicle operator)” after “relevant service” in clause 16 (1).
[9] Clause 16 (1A)
Insert after clause 16 (1):
(1A) An accredited taxi-cab operator or an accredited private hire vehicle operator must:
(a) maintain the vehicles used to provide the service in a way that is consistent with the maintenance standards of the manufacturer of the vehicles used to provide the service, and (b) keep records of the maintenance that are capable of being audited. [10] Clause 17 Condition of vehicles
Omit clause 17 (2) (g).
[11] Clause 17 (3)
Insert after clause 17 (2):
(3) This clause does not apply to an accredited taxi-cab operator or an accredited
private hire vehicle operator.
[12] Clause 20 Operator training
Insert after clause 20 (2):
(3) This clause does not apply to an accredited taxi-cab operator or an accredited
private hire vehicle operator.
[13] Clause 23 Evidence of accredited operator’s continuing financial capacity
Insert after clause 23 (2):
(3) This clause does not apply to an accredited taxi-cab operator or an accredited
private hire vehicle operator.
[14] Part 2, Division 5
Insert after Division 4:
Division 5 Provisions relating to private hire vehicle services
26A Private hire vehicle service exemption For the purposes of section 63 (3) of the Act, a person who carries on a private hire vehicle service is exempt from the requirement to hold an accreditation to carry on the service and from any provisions of the Act or this Regulation relating to compliance with the conditions of any such accreditation if:
(a) the person was not the holder of an accreditation for the service immediately before the commencement of this clause, and (b) the person holds an authority to drive a private hire vehicle, and (c) the person complies with the provisions of clauses 15, 16, 18, 19, 25 and 26 as if the person were an accredited operator. Note. A person is only the subject of an exemption while the conditions of the exemption are complied with (ie the person who does not comply is committing the offence of carrying on a public passenger service without an accreditation).
26B Procedures for renewal of certain accreditations: ss 31C, 38C and 63 (3) of the
Act
(1)
An accreditation to carry on a taxi-cab service, or an accreditation to carry on a private hire vehicle service that was in force immediately before the commencement of this clause, may be renewed under this clause without an application being made to RMS.
(2)
An accreditation renewed under this clause is taken to be renewed on the date that it would otherwise expire for a term expiring on 31 December 2016 or another day determined by RMS in accordance with section 31C (1) or 38C (1) of the Act.
(3) A person who holds an accreditation that is renewed under this clause is
exempt from the requirement to pay the renewal fee fixed under clause 13.(4) This clause does not prevent:
(a) a person from surrendering an accreditation, or (b) RMS taking action to vary, suspend or cancel an accreditation.
[15] Clause 28 Categories of driver authorities
Omit clause 28 (1) (c)–(f). Insert instead:
(c) authorities to drive taxi-cabs,
[16] Clause 29 Criteria for authorisation to drive public passenger vehicles
Omit “subclauses (2)–(4)” from clause 29 (1). Insert instead “subclauses (2)–(4A)”.
[17] Clause 29 (2)
Insert “for a driver authority (other than an authority to drive a taxi-cab or a private hire vehicle)” after “The applicant”.
[18] Clause 29 (4) and (4A)
Omit clause 29 (4). Insert instead:
(4) An applicant for an authority to drive a taxi-cab:
(a)
must hold a driver licence that is not a learner licence, probationary licence, provisional licence, restricted licence or conditional licence (other than a conditional licence the sole condition of which is that the holder must wear corrective lenses at all times while driving), and
(b)
must have held an Australian driver licence for a total of at least 12 months in the 2 years immediately preceding the date of the application, and
(c)
must have passed an examination or assessment, at a level determined by TfNSW, in medical fitness, and
(d)
must have passed an examination or assessment, at a level determined by TfNSW, in both written and oral communication in the English language (or must have such competence in that language as RMS considers equivalent to that level).
Note. Section 33 of the Act provides that a purpose of a driver authority for a taxi-cab driver is to attest that the holder is considered to be of good repute and in all other respects fit and proper to be the driver of a taxi-cab. Section 33B of the Act requires RMS to have regard to the purpose of authorisation when granting an authorisation.
(4A) An applicant for an authority to drive a private hire vehicle:
(a)
must hold a driver licence that is not a learner licence, probationary licence, provisional licence, restricted licence or conditional licence (other than a conditional licence the sole condition of which is that the holder must wear corrective lenses at all times while driving), and
(b)
must have held an Australian driver licence for a total of at least 12 months in the 2 years immediately preceding the date of the application, and
(c)
must have passed an examination or assessment, at a level determined by TfNSW, in medical fitness.
Note. Section 40 of the Act provides that a purpose of a driver authority for a private hire vehicle driver is to attest that the holder is considered to be of good repute. Section 40B of the Act requires RMS to have regard to the purpose of authorisation when granting an authorisation.
[19] Clause 30 Fees relating to authorisations to drive certain public passenger vehicles
Omit “$100” from clause 30 (1). Insert instead “$45”.
[20] Clause 30 (2)
Omit “$120”. Insert instead “$45”.
[21] Clauses 33A and 33B
Insert after clause 33:
33A Conditions for certain authorities to drive private hire vehicles
(1) This clause applies to a person who holds a driver authority and who is an
exempt private hire vehicle operator.(2) It is a condition of the driver authority to drive a private hire vehicle that the
person complies with the conditions of the exemption.
33B Procedures for renewal of certain authorities: ss 33C, 40C and 63 (3) of the Act (1) A driver authority to drive a taxi-cab or a private hire vehicle, that was in force immediately before the commencement of this clause, may be renewed under this clause without an application being made to RMS.
(2)
An authority renewed under this clause is taken to be renewed on the date that it would otherwise expire for a term expiring on 31 December 2016 or another day determined by RMS in accordance with section 33C (1) or 40C (1) of the Act.
(3) A person who holds an existing authority is exempt from the requirement to
pay the renewal fee fixed under clause 30.(4) This clause does not prevent:
(a) a person from surrendering a driver authority, or (b) RMS taking action to vary, suspend or cancel a driver authority.
[22] Clause 35
Omit the clause. Insert instead:
35 Conduct of drivers
(1) The driver of a public passenger vehicle must:
(a) behave in an orderly manner and with civility and propriety towards any passenger, intending passenger, driver of another public passenger vehicle or authorised officer, and (b) comply with every reasonable requirement of an authorised officer or passenger. Maximum penalty: 50 penalty units. (2) The driver of a public passenger vehicle (other than a taxi-cab or a private hire vehicle) must be clean and tidy and wear clean and tidy clothes (including enclosed shoes) when driving the vehicle for the purpose of providing a public passenger service. Maximum penalty: 10 penalty units.
[23] Clause 36 Driver not to eat or drink in vehicle
Omit clause 36 (1). Insert instead:
(1) The driver of a public passenger vehicle must not eat or drink in the vehicle while the vehicle is hired or available for hire, or is otherwise in use as a public passenger vehicle. Maximum penalty: 5 penalty units.
[24] Clause 36 (3)
Insert after clause 36 (2):
(3) This clause does not apply to the driver of a taxi-cab or a private hire vehicle.
[25] Clause 37 Driver to ensure vehicles are clean
Insert at the end of the clause:
(2) This clause does not apply to the driver of a taxi-cab or a private hire vehicle.
[26] Clauses 38, 107, 110, 115–117, 120, 125, 127, 128, 135, 136, 140–142, 147, 152, 154, 155, 165, 170, 176, 178, 181, 182, 188, 190, 191, 193, 194, 199 and 200
Omit the clauses.
[27] Clause 40 Driver to move and drive vehicles carefully
Omit “5 penalty units”. Insert instead “50 penalty units”.
[28] Clause 41 Carriage of goods and animals
Insert “(other than a taxi-cab or a private hire vehicle)” after “public passenger vehicle” wherever occurring in clause 41 (1) and (2).
[29] Clause 42 Lost property given to drivers
Insert at the end of the clause:
(2) This clause does not apply to the driver of a taxi-cab or a private hire vehicle.
[30] Clause 43 Training of drivers
Insert at the end of the clause:
(3) This clause does not apply to the driver of a taxi-cab or a private hire vehicle.
[31] Clause 57
Omit the clause. Insert instead:
57 No interference with equipment of, or damage to, vehicle A person must not:
(a)
without reasonable excuse, interfere with any equipment attached to, or forming part of, a public passenger vehicle or train, or
(b) wilfully damage any part of a public passenger vehicle or train. Maximum penalty: 50 penalty units.
[32] Clause 108
Omit the clause. Insert instead:
108 Wheelchair accessible taxi-cabs An operator of a taxi-cab service that involves the use of a wheelchair accessible taxi-cab must ensure that the taxi-cab concerned:
(a)
is fitted out so that it is capable of safely providing wheelchair accessible services, and
(b)
is driven only by a person who has successfully completed a course of training and instruction (approved by TfNSW and conducted by a registered training organisation) in respect of the care and transport of persons with physical disabilities, and
(c)
carries a child restraint that is not more than 10 years old at all times that the taxi-cab is available for hire.
Maximum penalty: 50 penalty units.
[33] Clause 109 Accommodation standard for taxi-cabs
Omit clause 109 (5)–(12).
[34] Clause 111 Taxi-meters
Omit clause 111 (5).
[35] Clause 112 Duress alarm systems
Insert “and that the system is kept in good working order” after “type” in clause 112 (1).
[36] Clause 112
Omit “10 penalty units” wherever occurring. Insert instead “50 penalty units”.
[37] Clause 113 Vehicle tracking devices
Insert “and that the device is kept in good working order” after “device” in clause 113 (1).
[38] Clause 113 (1)
Omit “10 penalty units”. Insert instead “50 penalty units”.
[39] Clause 113 (3)
Omit the subclause.
[40] Clause 114 Security cameras
Omit “15 penalty units” wherever occurring. Insert instead “50 penalty units”.
[41] Clause 114 (2A)
Insert after clause 114 (2):
(2A) The operator of a taxi-cab fitted with an approved security camera system
must ensure that the system is kept in good working order.
Maximum penalty: 50 penalty units.[42] Clause 114 (3)
Omit the subclause.
[43] Clause 118 Information in taxi-cabs
Omit clause 118 (2)–(3). Insert instead:
(2) The following information must be displayed:
(a) the vehicle registration number of the taxi-cab, (b) brief details (including a telephone number) as to how any complaints and comments relating to taxi-cab services may be made, (c) the maximum fares and charges (as determined for the time being by TfNSW) on which the fare for hiring is calculated.
[44] Clause 118 (4)
Omit “subclause (2) (f)”. Insert instead “subclause (2)”.
[45] Clause 122
Omit the clause. Insert instead:
122 Network decals The operator of a taxi-cab that is connected to a taxi-cab network must ensure that the taxi-cab is fitted with a network decal sign securely mounted on each of the front doors of the taxi-cab.
Maximum penalty: 5 penalty units.
[46] Clause 124 Stand-by taxi-cabs
Omit clause 124 (1) and (6).
[47] Clause 124 (2)
Omit “in a form approved by RMS”.
[48] Clause 124 (5)
Omit “clause 108 (a)–(f)”. Insert instead “clause 108”.
[49] Clause 124 (7)
Omit “subclauses (4), (5) and (6)”. Insert instead “subclauses (4) and (5)”.
[50] Clause 126
Omit the clause. Insert instead:
126 Advertisements and notices in or on taxi-cabs
(1) The operator of a taxi-cab must ensure that any advertisement or notice installed or displayed inside or on the outside of the taxi-cab is installed so that the information (including any light or sign) required to be displayed on the inside and the outside of the taxi-cab under this Regulation is not obscured. (2) The operator of a taxi-cab must ensure that a digital display unit or any other device that displays moving images is not installed on the outside of the taxi-cab. Maximum penalty: 5 penalty units.
[51] Clause 137 Driver to remain with taxi-cab at airport
Omit clause 137 (1). Insert instead:
(1) The driver of a taxi-cab that is at the Sydney Airport precinct or at any other airport must not, without reasonable excuse, move more than 3 metres from the taxi-cab. Maximum penalty: 15 penalty units.
[52] Clause 146 Driver of taxi-cab to accept hiring
Omit clause 146 (2) (b) and (c). Insert instead:
(b) if the intending passenger wishes to place or carry in or on the vehicle an article of a size or dimensions that make it unable to be accommodated in or on the vehicle without inconvenience or danger to a person, or (b1) if the intending passenger wishes to place or carry in or on the vehicle any dog, cat, bird or other animal (other than an assistance animal or an assistance animal in training) that is not suitably contained in a box, basket or other container, or (c) if the driver is driving, or is intending to drive immediately, to a driver change over point, or
[53] Clause 150 Manner in which hiring to be carried out
Omit clause 150 (4).
[54] Clause 153 Journey by taxi-cab to pick-up point
Omit clause 153 (1). Insert instead:
(1) If a taxi-cab travels to a specified place to convey a hirer or the hirer’s luggage
or goods from that place, the following provisions apply:
(a) the driver may set the taxi-meter in operation: (i) if the taxi-cab arrives at the specified place before the specified arrival time—at or after the specified arrival time, or
(ii) if the taxi-cab arrives at the specified place on or after the specified arrival time—on or after arriving at the specified place, or
(iii) at another time agreed with the hirer.
(b)
if the fares and charges determined by TfNSW include a booking fee, the booking fee is payable.
Maximum penalty: 5 penalty units.
[55] Clause 157 Termination of hiring by driver
Omit clause 157 (1). Insert instead:
(1) The driver of a taxi-cab may terminate a hiring in the following circumstances:
(a) if a passenger indicates that he or she wishes to be taken to a location that is outside the taxi-cab’s area of operation, (b) if a passenger is smoking, eating or drinking and refuses to stop doing so, (c) if a passenger is a person who is, or who is carrying a thing that is, likely to soil or damage the taxi-cab or the clothing or luggage of other passengers, or to otherwise cause inconvenience, a nuisance or annoyance to other passengers or to the driver (as referred to in clause 55 (1) (a) or (b)), (d) if a passenger behaves in an offensive manner or uses offensive language, (e) if any passenger who is under 16 years of age is not wearing a seatbelt or other restraint that is properly adjusted and securely fastened, (f) if a passenger causes a confined animal to be released from confinement in the taxi-cab.
[56] Clause 162
Omit the clause. Insert instead:
162 Hirings outside area of operation
(1) The driver of a taxi-cab must not ply or stand the taxi-cab for hire outside its
area of operation.
Maximum penalty: 50 penalty units.(2) For the purposes of section 63 (3) of the Act, a licensee who contravenes a licence or a condition of a licence for a taxi-cab because the taxi-cab is used to carry out a pre-booked hiring outside its area of operation is exempt from section 30 (1) (b) or 32F (3) of the Act in respect of that contravention.
[57] Clause 163A
Omit the clause. Insert instead:
| 163A | Regional NSW fare pre-payment scheme | |
|
(a)
taxi-cabs for which Combined District Radio Cabs Pty Ltd provides a booking service, and
(b)
taxi-cabs operating in any part of regional New South Wales specified by TfNSW by notice published in the Gazette and on the website of TfNSW.
(2)
The driver of a taxi-cab may, before a hiring starts or at any time during a hiring, require the hirer to pay a deposit of not more than an amount equal to the driver’s reasonable estimate of the authorised fare for the proposed journey or the agreed fare (if agreed in accordance with clause 163 (1)).
(3) A driver who receives payment of a deposit or an agreed fare under this clause
must, on the request of the hirer, give the hirer a receipt for the deposit.
Maximum penalty: 5 penalty units.(4)
A driver who receives payment of a deposit based on an estimate of the authorised fare under this clause must, on the termination of the hiring (or on the hirer leaving the taxi-cab in compliance with a direction to do so), refund to the hirer any amount by which the deposit exceeds the authorised fare for the journey.
Maximum penalty: 10 penalty units. (5)
After the termination of a hiring (or on leaving the taxi-cab in compliance with a direction to do so), a hirer who paid a deposit based on an estimate of the authorised fare under this clause must pay to the driver of the taxi-cab the amount (if any) by which the authorised fare for the hiring exceeds the deposit. Maximum penalty: 10 penalty units.
(6)
A driver of a taxi-cab must not require a deposit or an agreed fare to be paid before or during a hiring if the hirer informs the driver that payment of the fare is to be made partly by a voucher under the Taxi Transport Subsidy Scheme. Maximum penalty: 10 penalty units.
(7) Clause 163 (2) does not apply if a deposit is paid under this clause. (8)
An authorised taxi-cab network or the operator of a taxi-cab must furnish to TfNSW any information that TfNSW reasonably requires for the purpose of monitoring the pre-payment scheme established by this clause.
Maximum penalty: 5 penalty units. (9) In this clause: regional New South Wales means any part of this State that is not situated in
the Metropolitan transport district.
[58] Clause 163B Sydney fare pre-payment scheme
Omit clause 163B (1). Insert instead:
(1) This clause applies to the hiring of a taxi-cab at a designated taxi zone if the
hiring commences during a designated time.
[59] Clause 163B (9)
Omit the subclause. Insert instead:
(9) In this clause:
designated taxi zone means a taxi zone situated in the Metropolitan transport
district and specified by TfNSW by notice published in the Gazette and on the
website of TfNSW.
designated time means the period specified for a designated taxi zone by
TfNSW by notice published in the Gazette and on the website of TfNSW.
[60] Clause 166 Applicant to be fit and proper person to operate taxi-cab network
Omit clause 166 (2).
[61] Clause 166, note
Insert at the end of the clause:
Note. Section 34 of the Act provides that a purpose of authorisation to operate a taxi-cab network is to attest that an applicant is considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a network. Section 34B of the Act requires RMS to have regard to the purpose of authorisation when granting an authorisation.
[62] Clause 167
Omit the clause. Insert instead:
167 Security requirements The applicant must provide RMS with the following:
(a) full details of the method by which the network will register the activation of duress alarm systems in taxi-cabs and identify the location of the taxi-cabs concerned, (b) if any taxi-cab to be connected to the network is required by this Regulation to be fitted with an approved security camera system—full details of the applicant’s facilities for the receipt, storage, reproduction and disposal of video recordings from security camera systems.
[63] Clause 168 Applicant to be financially capable of operating taxi-cab network
Omit clause 168 (2).
[64] Clause 186 Reduction or waiver of fees for licences for taxi-cabs
Omit clause 186 (1) (c).
[65] Clause 187 Specifications for private hire vehicles
Omit clause 187 (1). Insert instead:
(1) TfNSW may, by notice published in the Gazette, set out specifications with
which a private hire vehicle must comply.
[66] Clause 187 (5)
Omit the subclause.
[67] Part 9, Division 1A
Insert after Division 1:
Division 1A Exemption from private hire vehicle licence
requirement
| 188A | Private hire vehicle licence exemption | |||
|
[68] Schedule 3 Penalty Notice Offences
Omit the matter relating to clauses 38, 110, 115–117, 120, 125, 127, 128, 135 (a), 135 (b), 135 (c), 136, 140, 141, 142 (2), 147, 152, 154, 155 (1), 163A (7), 163A (10), 182, 188 (1), 190 (1), 193, 194 and 199 from Part 2.
[69] Schedule 3, Part 2
Omit the matter relating to clause 35. Insert instead:
Clause 35 (1) $400 Clause 35 (2) $100 [70] Schedule 3, Part 2
Omit “$200” from the matter relating to clause 40. Insert instead “$400”.
[71] Schedule 3, Part 2
Omit “$400” from the matter relating to clause 108. Insert instead “$500”.
[72] Schedule 3, Part 2
Omit “$300” wherever occurring in the matter relating to clauses 112, 113 and 114.
Insert instead “$400”.[73] Schedule 3, Part 2
Omit “Clause 122 (1)”. Insert instead “Clause 122”.
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