Passenger Transport (General) Variation Regulations 2004 (SA)

South Australia

Passenger Transport (General) Variation Regulations 2004

under the Passenger Transport Act 1994

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Passenger Transport (General) Regulations 1994

1. Variation of regulation 31—Conditions and change of information

2. Variation of regulation 57—Duty to accept or continue hiring

3. Variation of regulation 61J—Signs

4. Variation of Schedule 7

Part 1—Preliminary

1—Short title

These regulations may be cited as the Passenger Transport (General) Variation Regulations 2004.

2—Commencement

These regulations will come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Passenger Transport (General) Regulations 1994

4—Variation of regulation 31—Conditions and change of information

Regulation 31(1)(d)—after subparagraph (i) insert:

(ia)that the taxi to which the licence relates (the standby taxi) cannot be used in place of a taxi operated—

(A)under a general taxi licence that requires the taxi to be suitable to carry persons who use wheelchairs, scooters or other large (ride-on) mobility aids; or

(B)under a special vehicle licence,

unless the standby taxi is also suitable to carry persons who use wheelchairs, scooters or other large (ride-on) mobility aids; and

5—Variation of regulation 57—Duty to accept or continue hiring

1. Regulation 57(3)(e)—delete " a guide dog for the blind or deaf" and substitute:

   a working animal

2. Regulation 57—after subregulation (8) insert:

   (9)In this regulation—

   disability has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;

   working animal means—

   (a)a guide dog trained to assist a person with a visual disability; or

   (b)a dog trained to assist a person with a hearing disability; or

   (c)any other animal trained to assist a person to alleviate the effect of a disability.

   (10)If, in relation to a particular animal, a person has an authorisation, issued in a manner and form determined by the Minister, certifying—

   (a)that the animal has been trained to assist the person to alleviate the effect of a particular disability; and

   (b)that evidence has been provided that indicates that the animal is able to behave in a safe and appropriate manner on public transport,

   then it will be taken that the animal falls within the ambit of paragraph (c) of the definition of working animal under subregulation (9).

6—Variation of regulation 61J—Signs

Regulation 61J(1)—delete all material in subregulation (1) appearing below "approved by the Minister:" and substitute:

FOR PASSENGER AND DRIVER SAFETY THIS TAXI IS FITTED WITH A SECURITY SAFETY SYSTEM. BY HIRING THIS TAXI YOU CONSENT TO YOUR IMAGE BEING RECORDED AT ANY TIME AND A RECORDING OF SOUND ACTIVATED IN AN EMERGENCY SITUATION.

7—Variation of Schedule 7

Schedule 7, item 7—delete "Board's policies" and substitute:

policies determined by the Minister

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 12 August 2004

No 166 of 2004

OPT001/2004CS