Passenger Transport Regulations 2024 (SA)

South Australia

Passenger Transport Regulations 2024

under the Passenger Transport Act 1994

Part 1Preliminary1Short title

These regulations may be cited as the Passenger Transport Regulations 2024.

2Commencement

These regulations come into operation on 1 September 2024.

3Interpretation

(1)
In these regulations—
access taxi means a vehicle that—
(a)
is specifically designed or adapted to carry persons who use wheelchairs, scooters or other large (ride‑on) mobility aids; and
(b)
is operated under a special vehicle licence;
Act means the Passenger Transport Act 1994;
Adelaide centralised booking service means a centralised booking service that operates wholly or partly within Metropolitan Adelaide;
appropriate driver's licence in relation to a person applying for an accreditation under Part 4 Division 2 of the Act means—
(a)
a driver's licence in force under the Motor Vehicles Act 1959 that—
(i)
authorises the holder of the licence to drive a motor vehicle of a class that, in the opinion of the Minister, is appropriate to the relevant accreditation; and
(ii)
is an unconditional licence as defined in that Act; and
(iii)
is not subject to any condition that, in the opinion of the Minister, imposes an inappropriate restriction for the holder of the relevant accreditation; or
(b)
a licence in force under a law of another State or a Territory of the Commonwealth that—
(i)
authorises the holder of the licence to drive a motor vehicle of a class that, in the opinion of the Minister, is appropriate to the relevant accreditation; and
(ii)
is not subject to any condition that, in the opinion of the Minister, imposes an inappropriate restriction for the holder of the accreditation;
approved country taxi service plan means a country taxi service plan approved by the Minister under regulation 13(1)(s);
Australian Design Rules has the same meaning as in the Road Traffic (Miscellaneous) Regulations 2014;
authorised officer means—
(a)
an authorised officer under section 53 of the Act; or
(b)
a person authorised by the Minister to exercise the powers of an authorised officer under these regulations;
authorised person means—
(a)
an authorised officer; or
(b)
a person authorised by the Minister to exercise the powers of an authorised person under Part 4 Division 2 Subdivision 2; or
(c)
an employee of a regular passenger service operator; or
(d)
the driver of a regular passenger service vehicle (whether or not an employee of the operator); or
(e)
a police officer;
booking service—see regulation 19(2)(a);
bus means a motor vehicle, other than a taxi—
(a)
designed for the principal purpose of carrying passengers; and
(b)
designed to carry at least 13 seated persons;
business day means any day except a Saturday, Sunday or public holiday;
busway means that part of a public transport system constructed or set apart for the exclusive passage of buses and authorised vehicles;
central control station, in relation to a centralised booking service, means a place approved by the Minister as the central control station for the booking service;
certificate of inspection means a certificate under section 54 of the Act;
chauffeured vehicle service—see regulation 4;
community transportation service means a community based or community orientated transportation service—
(a)
that is designed—
(i)
to benefit individuals or groups within a local community who are in need of some form of assistance; or
(ii)
to assist individuals or groups within a local community to participate to a greater degree in the life of the community (including the wider community); or
(iii)
to achieve some other form of community, charitable, educational, benevolent, religious, recreational, sporting or philanthropic purpose at the local level; and
(b)
that is not established, or is not principally established, with a view to profit or commercial gain;
compliance plate means a plate that was authorised to be placed on a motor vehicle, or taken to have been placed on a motor vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth (repealed);
council has the same meaning as in the Local Government Act 1999;
country taxi means a vehicle used for the purposes of a country taxi service;
Country Taxi Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act;
country taxi service means a passenger transport service operated outside Metropolitan Adelaide under a Country Taxi Accreditation;
country taxi service area means the area defined in the approved country taxi service plan for a country taxi service as the area within which the service may be provided;
Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Act;
disability has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;
flagfall means the amount of fare recorded on a taxi‑meter immediately on its being activated at the commencement of a hiring;
fleet safety support service—see regulation 19(2)(b);
legal charge, in relation to the hiring of a taxi, means the total amount payable for the hiring of the taxi, being the sum of—
(a)
the legal fare; and
(b)
the levy (if any) required to be collected under Schedule 2 of the Act;
legal fare—
(a)
in relation to the hiring of a country taxi or a journey by a country taxi—means a fare for the particular hiring or journey not exceeding the rate determined by the Minister; and
(b)
in relation to the hiring of a metropolitan taxi or a journey by a metropolitan taxi—means a fare for the particular hiring or journey determined in accordance with these regulations;
log onto a computerised telecommunications system means carry out a process (which must include entry of the person's personal identification number) approved by the Minister for logging onto the system;
log out of a computerised telecommunications system means carry out a process approved by the Minister for logging out of the system;
metropolitan taxi means a vehicle for which a taxi licence is held or required to be held;
motor cycle means a motor vehicle (not being a trailer) that moves only on 2 wheels or, if a side car or side box is fitted, on not more than 3 wheels;
multiple‑hiring in relation to a taxi—see regulation 77;
multi‑seat hiring, in relation to a taxi that is approved to carry 5 or more passengers, means a single hiring (whether pre‑arranged or not) of the taxi to carry 5 or more passengers;
off‑road passenger vehicle means a passenger vehicle designed with special features for off‑road operation as defined by the Australian Design Rules;
passenger station means a building, structure or place at which passengers board, or alight from, public passenger vehicles used in the provision of regular passenger services;
personal identification number means a unique code assigned to the driver of a taxi participating in a centralised booking service by the operator of the booking service in a manner approved by the Minister;
prescribed premises means land or premises used or provided by the Crown or the Minister, or by an operator, for a purpose associated with a passenger transport service, and includes a passenger station;
public directory includes a journal, brochure or other publication (whether in written or electronic form) that lists or advertises passenger transport services;
quarter means a 3 month period beginning on 1 January, 1 April, 1 July or 1 October in any year;
rail operator means a person who conducts a regular passenger service wholly or partly within Metropolitan Adelaide by use of trains or trams;
registration plate means a plate issued under section 63 of the Act;
Register of Approved Vehicles means the Register of Approved Vehicles kept under section 14(1) of theRoad Vehicle Standards Act 2018 of the Commonwealth;
regular passenger service operator means a person who conducts a regular passenger service wholly or partly within Metropolitan Adelaide;
regular passenger service vehicle means a public passenger vehicle used in the provision of a regular passenger service;
relevant person—
(a)
for a taxi means—
(i)
in the case of a vehicle in respect of which a taxi licence is in force—the holder of the licence; or
(ii)
in the case of a vehicle used for the purposes of a country taxi service—the operator of the service;
(b)
for a taxi sign means—
(i)
if the sign has been issued to, or leased by, the holder of a taxi licence—the holder of the licence;
(ii)
if the sign has been issued to, or leased by, the operator of a country taxi service—the operator of the service;
(iii)
in any other case—the owner of the sign;
repealed regulations means the Passenger Transport Regulations 2009;
SATSS conditions of use means the conditions of use determined by the Minister under regulation 157;
SATSS member means a person who is a member of the South Australian Transport Subsidy Scheme;
SATSS voucher means—
(a)
a voucher, docket or card approved by the Minister entitling a SATSS member to travel in taxis and certain hire cars at subsidised fares fixed by the SATSS conditions of use; or
(b)
a voucher, docket or card under a similar interstate scheme recognised by the Minister for the purposes of this definition;
small passenger vehicle means a motor vehicle (other than a taxi)—
(a)
designed for the principal purpose of carrying passengers; and
(b)
designed to carry not more than 12 seated persons;
Small Passenger Vehicle (Metropolitan) Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act;
Small Passenger Vehicle (Non‑Metropolitan) Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act;
Small Passenger Vehicle (Special Purpose) Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act;
Small Passenger Vehicle (Traditional) Accreditation means the class of accreditation under section 27 of the Act of that name established pursuant to section 32(3) of the Act;
South Australian Transport Subsidy Scheme or SATSS means the scheme approved by the Minister entitling an eligible person to travel in taxis and certain hire cars at subsidised fares fixed in the SATSS conditions of use and includes—
(a)
the Journey to Work Scheme (JTWS); and
(b)
the Tertiary Education Assistance Scheme (TEAS); and
(c)
any other scheme recognised by the Minister for the purposes of this definition;
special vehicle licence means a special vehicle licence under regulation 35;
standby taxi licence means a licence for a taxi that is only to be used in place of another taxi that is temporarily out of service;
standby taxi means a taxi to which a standby taxi licence relates;
stretch limousine means—
(a)
a motor vehicle designed to carry passengers that—
(i)
has been certified by its manufacturer as a long wheelbase limousine; and
(ii)
has been designed to carry not less than 6 persons and not more than 12 persons (including the driver); or
(b)
a motor vehicle designed to carry passengers that—
(i)
has been modified from its original construction in such a manner that increases the overall wheelbase of the vehicle—
(A)
beyond the original wheelbase dimension of the vehicle; and
(B)
to a length sufficient to accommodate additional passengers; and
(ii)
after such modification has a seating capacity not exceeding 12 persons (including the driver);
student identification card means a non‑transferable card issued to a student and approved by the Minister, entitling the holder to travel on public passenger vehicles operated by regular passenger service operators at concessional fares fixed by the Minister;
taxi means a country taxi or a metropolitan taxi;
taxi licence means a licence under Part 6 of the Act;
taxi service—see regulation 4;
taxi sign means a sign that—
(a)
is required by these regulations to be fitted to a taxi; and
(b)
displays the word "TAXI" in a manner approved by the Minister; and
(c)
is capable of indicating whether or not the taxi is available for hire;
ticket means a ticket or card issued or approved by the Minister, entitling the holder to travel on a passenger vehicle in accordance with information encoded or printed on the ticket or card;
ticket validator means equipment designed to encode or print information on tickets and to scan information previously encoded on tickets;
transit barring order—see regulation 139;
travel concession card means a non‑transferable concession card issued or accepted by the Minister, entitling the holder to travel on passenger vehicles at concessional fares fixed by the Minister;
validate means—
(a)
to insert or scan a ticket in or with a ticket validator so that it may be encoded, printed or scanned; or
(b)
to present a ticket in any other manner approved by the Minister;
volunteer driver means—
(a)
a person who provides their services as a driver gratuitously (disregarding any reasonable payment for out‑of‑pocket expenses incurred in undertaking the driving); or
(b)
an employee—
(i)
whose conditions of employment are unrelated to driving a vehicle but who is willing to undertake some driving to assist their employer in some respect; and
(ii)
whose salary does not include an amount or component attributable to, or based on, the fact that they undertake (or may undertake) some driving;
working animal means—
(a)
a dog accredited under the Dog and Cat Management Act 1995 as an assistance dog; or
(b)
any other animal trained to assist a person to alleviate the effect of a disability;
work sheet means a daily trip record for a vehicle, in a form determined or approved by the Minister, setting out various items of information, such as the driver's name, shift details, places where journeys begin and end, and distances travelled.
(2)
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 (b) of the definition of working animal in subregulation (1).
(3)
Unless the contrary intention appears—
(a)
a reference in these regulations to the holder of a taxi licence includes a reference to a transferee, assignee or lessee of a taxi licence; and
(b)
a reference in these regulations to the owner of a vehicle includes a reference to a person who is leasing the vehicle, or who is using the vehicle with the consent of the owner.
(4)
Without limiting the meaning of the expression ply for hire, a person will, for the purposes of these regulations, be taken to ply for hire with a taxi if—
(a)
the person drives it in a public street, road or place while the taxi sign indicates that the taxi is available for hire; or
(b)
the person carries a passenger for fee or reward; or
(c)
the person drives it to or places it at a designated taxi‑stand; or
(d)
the person drives it to a place to pick up passengers to be carried for fee or reward.
(5)
For the purposes of these regulations—
(a)
a hiring of a vehicle for a chauffeured vehicle service or taxi service commences—
(i)
subject to subparagraph (ii), in the case of a hiring by hail or a pre‑arranged hiring—when the passenger is seated in the vehicle and an instruction or direction is given to the driver by the hirer or passenger; and
(ii)
in the case of a pre‑arranged hiring—from a time arranged with the hirer provided that, before that time, the vehicle has arrived at the place arranged for pick up and the driver has there made personal contact with the hirer or passenger; and
(b)
a hiring of a vehicle for a chauffeured vehicle service or taxi service ends—
(i)
in the case of a multi‑seat hiring—
(A)
if the last passenger remaining in the vehicle discharges the vehicle before arriving at the agreed destination—when the vehicle is discharged; or
(B)
when the vehicle arrives at the agreed destination for the last passenger remaining in the vehicle and there is no further service agreed between the driver and the last remaining passenger; and
(ii)
in any other case—
(A)
if the passenger discharges the vehicle before arriving at the agreed destination—when the vehicle is discharged; or
(B)
when the vehicle arrives at the agreed destination and there is no further service agreed between the driver and the passenger; and
(c)
the hirer of a vehicle for a chauffeured vehicle service or taxi service is the person who requests the hire of the vehicle (whether or not the person is a passenger).
(6)
For the purposes of these regulations, the age of a vehicle will be measured—
(a)
if the vehicle is entered on the Register of Approved Vehicles—from the date of manufacture set out on the Register; or
(b)
if the vehicle is fitted with a compliance plate—from the end of the month of manufacture shown on the compliance plate; or
(c)
if the vehicle is fitted with 2 or more compliance plates—from the end of the earliest month of manufacture shown on any of the compliance plates; or
(d)
in any other case—from the end of the month of manufacture or, if that is not reasonably practicable to ascertain, the end of the last month of the year of manufacture.
(7)
In these regulations, a term defined in Schedule 2 clause 1 of the Act has the same meaning as in that clause.

4Definitions of chauffeured vehicle service and taxi service

For the purposes of section 4(1) of the Act and these regulations—
chauffeured vehicle service means a passenger transport service provided under a—
(a)
Small Passenger Vehicle (Metropolitan) Accreditation; or
(b)
Small Passenger Vehicle (Non‑Metropolitan) Accreditation; or
(c)
Small Passenger Vehicle (Special Purpose) Accreditation; or
(d)
Small Passenger Vehicle (Traditional) Accreditation;
taxi service means a passenger transport service provided by use of a taxi.

5Definition of Metropolitan Adelaide

(1)
The following areas are included within the ambit of the definition of Metropolitan Adelaide in section 4(1) of the Act:
(a)
—
(i)
the areas defined in the plan deposited in the General Registry Office by the Minister for the purposes of regulation 4 of the repealed regulations and identified by the Minister by notice in the Gazette on 26 April 2019 (Gazette 26.04.2019 p1128); or
(ii)
if another plan is deposited in the General Registry Office by the Minister for the purposes of this regulation and identified by the Minister by notice in the Gazette—the areas defined in that later plan;
(b)
that portion of the area of the Adelaide Hills Council that is outside Metropolitan Adelaide as defined in the Development Act 1993 immediately before 1 July 2019;
(c)
the area of the Mount Barker District Council.
(2)
In these regulations—
Metropolitan Adelaide (Area A) means the area comprised of—
(a)
Metropolitan Adelaide as defined in the Development Act 1993 immediately before 1 July 2019; and
(b)
the areas specified in subregulation (1)(a);
Metropolitan Adelaide (Area B) means the areas specified in subregulation (1)(b) and (c).

6Exclusions from definition of passenger transport service

(1)
The following are excluded from the ambit of the definition of passenger transport service in section 4(1) of the Act:
1. (a)
  a service provided under a car pooling arrangement;
2. (b)
  a service consisting of a ride provided for the purposes of fun or amusement for a fare that is less than $5 per ride.
(2)
For the purposes of subregulation (1)(a), a service is provided under a car pooling arrangement if—
1. (a)
  the vehicle is provided by the driver; and
2. (b)
  the driver would, in any event, be undertaking the relevant journey themselves; and
3. (c)
  the service is not the result of plying for hire by the driver or another person; and
4. (d)
  the maximum number of persons in the vehicle is 8; and
5. (e)
  a payment by a passenger is limited to making a contribution to the costs incurred in making the journey, and other costs associated with the use of the vehicle (other than a fine or penalty imposed under an Act), and does not involve profit for the driver or another person.

7Exclusions from definition of regular passenger service

(1)
For the purposes of the definition of regular passenger service in section 4(1) of the Act, a service within the ambit of a declaration of the Minister under subregulation (2) is excluded from that definition.
(2)
The Minister may, on application, make a declaration under this subregulation in respect of a service if the Minister is satisfied—
1. (a)
  that—
  1. (i)
    the service relates to a particular event or events, or to a particular occasion or occasions; or
  2. (ii)
    the service is a premium service that provides special facilities, advantages or services for a commercial fare without public subsidy; or
  3. (iii)
    the service is designed (or principally designed) for the carriage of tourists, or for the carriage of visitors to a particular region or area; or
  4. (iv)
    the service is provided (and only provided) for recreational, social or amusement purposes; or
  5. (v)
    the service is a community or other similar service not primarily established with a view to profit or commercial gain; or
  6. (vi)
    the service is a school service arranged directly between the operator of the service and the school, or a person or persons acting on behalf of the school or the relevant students; or
  7. (vii)
    the service is to be provided for no more than a specified period on a trial or experimental basis; and
2. (b)
  in the case of a service provided in the Metropolitan Area—that the service will not be in substitution for any existing regular passenger service operating on the same (or substantially the same) route as part of the Adelaide Metro network; and
3. (c)
  that the operation of the service will not unfairly or unreasonably affect other services being provided by the holders of service contracts under the Act; and
4. (d)
  that it is appropriate for the service to be provided on a basis other than under a service contract under Part 5 of the Act; and
5. (e)
  that, taking into account any other matter determined by the Minister to be relevant in a particular case, it is appropriate and reasonable to make a declaration under this regulation.
(3)
Unless sooner revoked by the Minister, a declaration under subregulation (2) expires at the end of a period (not exceeding 5 years) specified by the Minister at the time of the declaration or, if no period is so specified, at the end of 5 years.
(4)
A declaration under subregulation (2) ceases to have effect if the person who is the operator of the relevant service at the time of the declaration transfers or assigns the service, or otherwise ceases to control or to operate the service.
(5)
If the Minister makes a declaration under subregulation (2), the operator of the relevant service must—
1. (a)
  give notice of the fare or fares (if any) to be charged for the service, and provide other information for the benefit of the public as the Minister thinks fit, in a manner and form determined by the Minister; and
2. (b)
  provide to the Minister information about patronage levels for the service, and other information as the Minister thinks fit, in a manner and form, and at intervals, determined by the Minister; and
3. (c)
  comply with other conditions (if any) determined by the Minister on account of the making of the declaration.
(6)
The Minister may—
1. (a)
  revoke a declaration under this regulation (and the relevant service will then cease to be excluded from the ambit of the definition); or
2. (b)
  vary a determination or condition under subregulation (5).
(7)
A condition may be varied by the addition, substitution or deletion of 1 or more conditions.
(8)
The Minister must, before taking action under subregulation (6)—
1. (a)
  give the operator of the service written notice of the action under consideration; and
2. (b)
  allow the operator at least 14 days to make submissions to the Minister (in a manner and form determined by the Minister) about the proposed course of action; and
3. (c)
  after complying with paragraphs (a) and (b), and after considering any submissions and determining to proceed with the action, give the operator at least 14 days written notice of the action.
(9)
The Minister must ensure—
1. (a)
  that a record of the declarations under this regulation is kept available for inspection by members of the public (without charge and during normal office hours) at the principal office of the Department; and
2. (b)
  that information about declarations made under this regulation in a particular financial year is included in the annual report prepared under section 24A of the Act.

8Sections 27, 28 and 29 of Act not to apply in certain cases

(1)
Section 27 of the Act does not apply with respect to—
1. (a)
  a transportation service operated by—
  1. (i)
    an administrative unit that is, under a Minister, responsible for the administration of the Education and Early Childhood Services (Registration and Standards) Act 2011 or the Education and Children's Services Act 2019; or
  2. (ii)
    a registered school within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011 (including, in the case of a Government school, a school council constituted with respect to the school); or
  3. (iii)
    an approved provider under the Education and Care Services National Law (South Australia); or
  4. (iv)
    a church or other form of religious organisation,
to carry school students or pre‑school children; or
1. (b)
  a transportation service operated by an institution that provides tertiary education to carry students who attend that institution; or
2. (c)
  a service that involves the use of a motor vehicle that is licensed by a council to operate as a taxi (not being a taxi that requires a licence under Part 6 of the Act) in an area that does not include a part of Metropolitan Adelaide; or
3. (d)
  a service consisting of the carriage of passengers by train or tram (including a horse‑drawn tram).
(2)
However, paragraph (c) of subregulation (1) does not apply in relation to an area if the Minister has, by notice in the Gazette, determined that the area will not be within the ambit of that paragraph.
(3)
Paragraph (a) and (b) of subregulation (1) operate subject to the condition that if a body that falls within the ambit of either paragraph engages a volunteer driver who does not hold an accreditation under section 28 of the Act by virtue of subregulation (4)(b), then the body must ensure (through the implementation of appropriate assessment procedures and on an on‑going basis) that the volunteer driver is of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle.
(4)
Section 28 of the Act does not apply—
1. (a)
  in relation to a driver who is driving a public passenger vehicle for the purposes of a service consisting of the carriage of passengers by train or tram (including a horse‑drawn tram); or
2. (b)
  in relation to a volunteer driver who is driving a public passenger vehicle for the purposes of—
  1. (i)
    a community transportation service; or
  2. (ii)
    a transportation service operated or provided by a body that falls within the ambit of paragraph (a) or (b) of subregulation (1) (in a circumstance referred to in 1 of those paragraphs).
(5)
Section 29 of the Act does not apply with respect to a centralised booking service operated wholly outside Metropolitan Adelaide.

9Application of section 29 of Act – prescribed passenger services

For the purposes of section 29(1)(a) of the Act, the following classes of passenger services are prescribed:
(a)
a chauffeured vehicle service provided under a Small Passenger Vehicle (Metropolitan) Accreditation;
(b)
a chauffeured vehicle service provided under a Small Passenger Vehicle (Non-Metropolitan) Accreditation.

10Sections 39(3)(a), 40(5) and 40(6) of Act not to apply in Metropolitan Adelaide (Area B)

(1)
Section 39(3)(a) of the Act does not apply in relation to service contracts that relate (either wholly or partly) to regular passenger services operating in Metropolitan Adelaide (Area B).
(2)
Section 40(5) of the Act does not apply in relation to fares payable by passengers on regular passenger services operating in Metropolitan Adelaide (Area B).
(3)
Section 40(6) of the Act does not apply in relation to fares or fare systems under service contracts that relate (either wholly or partly) to regular passenger services operating in Metropolitan Adelaide (Area B).

11Section 52(1) of Act not to apply to transport services for animals

Section 52(1) of the Act does not apply to a person who provides a service for the transport of animals provided that the service is used to transport animals together with passengers only if the passengers are accompanying the animals.

Part 2AccreditationDivision 1General passenger services12Operators – eligibility

(1)
A person is not eligible to be granted an accreditation under Part 4 Division 1 of the Act unless the Minister is satisfied—
(a)
that the person or, in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate, is of good repute and in all other respects fit and proper to be responsible for the operation of a passenger transport service under the accreditation; and
(b)
that the person has the capacity to meet standards determined by the Minister relating to—
(i)
the ability to provide passenger transport services; and
(ii)
safety of passengers and the public; and
(iii)
service to passengers; and
(iv)
vehicles and equipment (including their design, service, maintenance and condition), to the degree and in the manner required in respect of services of the relevant kind; and
(c)
that the person has attained the age of 18 years or, in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate has attained the age of 18 years.
(2)
The Minister may require a person or, in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate, who applies for an accreditation under Part 4 Division 1 of the Act to consent to the Minister obtaining a criminal history check relating to the person.

13Conditions

(1)
Pursuant to section 31(1)(b)(ii) of the Act, the following conditions are prescribed in relation to an accreditation under Part 4 Division 1 of the Act:
(a)
a condition that the accredited person must, within 7 days, inform the Minister of action to bankrupt the person or to declare the person insolvent, or of proceedings by the person to take the benefit (as debtor) of a law relating to bankruptcy or insolvent debtors or, in the case of a body corporate, of action to windup the body corporate or to place the body corporate under official management or in receivership;
(b)
a condition that the accredited person must, within 7 days, inform the Minister—
(i)
of a change in the person's name or residential address or, in the case of a body corporate, of a change in the name of the body corporate, or in the registered office or principal office of the body corporate; or
(ii)
of a change in the person's business name or trading name; or
(iii)
in the case of a body corporate, of a change in a director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate;
(c)
a condition that the accredited person must, within 7 days, inform the Minister of a change—
(i)
affecting the accuracy of information furnished to the Minister for the purposes of gaining accreditation; or
(ii)
affecting the accuracy of particulars specified in the accreditation;
(d)
a condition that the accredited person must, within 2 business days, inform the Minister—
(i)
of the laying of a charge for an offence against the person; or
(ii)
of a finding by a court that the person has been guilty of an offence;
(e)
a condition that the accredited person will provide to a customer or potential customer, on request, a copy of the code of practice that applies to the accredited person;
(f)
a condition that the accredited person will ensure that a vehicle used for the purposes of the service is not driven in contravention of Part 4 Division 2 of the Act (relating to the accreditation of drivers) (although this condition does not apply if the accredited person is operating a community transportation service and the driver is a volunteer driver who does not hold an accreditation by virtue of regulation 8(4)(b));
(g)
a condition that the accredited person will, if operating a taxi service (other than a country taxi service)—
(i)
participate in a centralised booking service that provides a booking service complying with the standards prescribed by regulation 19(2)(a); and
(ii)
ensure that every taxi is provided with a fleet safety support service that complies with the standards prescribed by regulation 19(2)(b) (whether provided by a centralised booking service in which the accredited person participates, or by a person or body approved by the Minister); and
(iii)
for the purposes of subparagraphs (i) and (ii)—
(A)
ensure that while the driver of a taxi used to provide the service is in the taxi, the driver is able to log onto and out of a computerised telecommunications system connecting the taxi and the central control station for the booking service used by the accredited person; and
(B)
ensure that every taxi is provided with equipment, approved by the Minister, by which a global positioning system may operate connecting the taxi and the central control station; and
(C)
ensure that any equipment used in the taxi for the operation of the computerised telecommunications system or the global positioning system connecting the taxi and the central control station is maintained in proper working order at all times that the taxi is plying for hire;
(h)
a condition that the accredited person must, within 7 days, inform the Minister of the introduction of a vehicle to the service, or of the withdrawal of a vehicle from the service;
(i)
a condition that a vehicle used for the purposes of the service has a current certificate of inspection (unless a certificate is not required because of an exemption under section 54 of the Act) or, if a certificate of inspection is required under Part 4A of the Road Traffic Act 1961, a current certificate of inspection under that Act;
(j)
a condition that a vehicle used for the purposes of the service displays, in a manner determined by the Minister—
(A)
the name of the accredited person (or of a business or trading name approved by the Minister); or
(B)
the name of the centralised booking service or booking office used by the accredited person to take bookings for the service,
unless the vehicle is a taxi or is used to provide a regular passenger service;
(k)
a condition that the accredited person will ensure that the following information is maintained in a manner and form determined by the Minister, and in such detail as the Minister may require:
(i)
except for a regular passenger service or taxi service—details of each hiring, including the vehicle used to provide the service, the name and contact information of the person who engaged the accredited person, a general description of the service that was provided, and the amount received for the service;
(ii)
for a chauffeured vehicle service—the distance travelled in connection with each hiring (including travelling to and from a hiring);
(iii)
for a regular passenger service—details of each trip undertaken by a vehicle used for the purposes of the service;
(iv)
for a taxi service—in respect of each taxi, a work sheet for each day that the taxi is used for the purposes of the service;
(v)
the registration number, make and model of each vehicle used for the purposes of the service;
(vi)
the names and address of each person employed or engaged by the accredited person to drive a vehicle for the purposes of the service, and the dates and times at which the person drives a vehicle;
(vii)
if a vehicle used for the purposes of the service is involved in an accident—the date, time and place of the accident, the circumstances of the accident, particulars of injury to a person or to property, particulars of damage to the vehicle, and the name and identification number of the driver;
(viii)
details of maintenance or repair work carried out on each vehicle, and of any work involving the conversion or rebuilding of a vehicle;
(l)
in the case of an accreditation for a taxi service other than a country taxi service—a condition that the accredited person must, when the person provides a taxi service, be a member of a centralised booking service (unless the person is within the ambit of Schedule 4 clause 9 of the Act);
(m)
in the case of an accreditation for a taxi service other than a country taxi service (unless the accredited person is within the ambit of Schedule 4 clause 9 of the Act)—a condition that the accredited person must not terminate their membership of a centralised booking service unless or until—
(i)
all amounts due and payable by the accredited person to the centralised booking service have been paid; and
(ii)
any signs or other equipment that the accredited person is required to return to the centralised booking service on a termination of membership have been so returned;
(n)
except for an accreditation for a taxi service (including a taxi service operated outside Metropolitan Adelaide) or a regular passenger service, or as specifically authorised under these regulations or by the Minister—
(i)
a condition that a vehicle must not be used to carry passengers for the purposes of the service except under a pre‑arranged hiring resulting from a request by the hirer directed to a booking office approved by the Minister and specified in the accreditation or otherwise recorded in a manner determined by the Minister; and
(ii)
a condition that a vehicle used to carry passengers for the purposes of the service must not have a sign fitted to its roof; and
(iii)
a condition that any sign fitted to the outside of a vehicle, or fitted or displayed in or from the inside of a vehicle, used to carry passengers for the purposes of the service must conform with any requirements determined by the Minister for the purposes of this provision; and
(iv)
a condition that the accredited person must not advertise or list their service in a public directory under a heading or listing that uses the word "TAXI";
(o)
in the case of a Small Passenger Vehicle (Traditional) Accreditation—
(i)
a condition that a vehicle used for the purposes of the service must be either—
(A)
a vehicle that—
•
is capable of seating at least 4 average‑sized adults comfortably plus the driver; and
•
in the case of a sedan or wagon—has at least 4 doors; and
•
in the case of a vehicle with an internal combustion engine (including a hybrid‑electric vehicle)—has an engine capacity of 4 cylinders or more; or
(B)
a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of this subparagraph; and
(ii)
a condition that a vehicle used for the purposes of the service must not travel more than 40 000 kilometres during any prescribed period; and
(iii)
a condition that a vehicle used for the purposes of the service must not have travelled more than 320 000 kilometres in total; and
(iv)
a condition that a vehicle used for the purposes of the service must not be used to provide a service other than a service operated under a restricted plan of operation approved by the Minister;
(p)
in the case of a vehicle used for the purposes of a Small Passenger Vehicle (Metropolitan) Accreditation, a condition that a vehicle used for the purposes of the service must be—
(i)
a vehicle that—
(A)
is capable of seating at least 4 average‑sized adults comfortably plus the driver; and
(B)
in the case of a sedan or wagon—has at least 4 doors; and
(C)
in the case of a vehicle with an internal combustion engine (including a hybrid‑electric vehicle)—has an engine capacity of 4 cylinders or more; or
(ii)
a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of this paragraph;
(q)
in the case of a Small Passenger Vehicle (Special Purpose) Accreditation—

(i)
a condition that a vehicle used for the purposes of the service must be a vehicle that has been specifically approved by the Minister for the purposes of that particular service; and
(ii)
a condition that a vehicle used for the purposes of the service must not travel more than 40 000 kilometres during any prescribed period; and
(iii)
a condition that a vehicle used for the purposes of the service must not have travelled more than 320 000 kilometres in total; and
(iv)
a condition that a vehicle must not be used to provide a service other than a service operated under a restricted plan of operation approved by the Minister;
(r)
in the case of a Small Passenger Vehicle (Non‑Metropolitan) Accreditation—a condition that a vehicle used for the purposes of the service must be—
(i)
a vehicle that has an engine capacity of 6 cylinders or more and is capable of seating at least 4 average‑sized adults comfortably plus the driver; or
(ii)
a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of this paragraph;
(s)
in the case of a Country Taxi Accreditation—
(i)
a condition that a vehicle used for the purposes of the service must be—
(A)
a vehicle that is capable of seating at least 4 average‑sized adults comfortably plus the driver; or
(B)
a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of a country taxi service; and
(ii)
a condition that the accredited person—
(A)
must have in place a country taxi service plan for the country taxi service that complies with requirements determined by the Minister and is approved by the Minister before the commencement of the service; and
(B)
must operate the service in accordance with the approved country taxi service plan for the service,
(and the country taxi service plan may be altered from time to time with the approval of the Minister);
(t)
except for an accreditation for a taxi service or a regular passenger service—a condition that the accredited person—
(i)
must have in place a plan of operation for the relevant service that complies with requirements determined by the Minister and is approved by the Minister before the commencement of the service; and
(ii)
must operate the service in accordance with that plan of operation,
(and the plan may be altered from time to time with the approval of the Minister);
(u)
if required by the Minister—a condition that the accredited person has successfully completed a course recognised by the Minister for the purposes of this regulation;
(v)
except for an accreditation for a regular passenger service—a condition that the following policies of insurance issued by an insurance company incorporated in Australia must be in force:
(i)
a policy of public liability insurance indemnifying the accredited person and any authorised driver in an amount of at least $5 000 000 in relation to death or bodily injury caused by, or arising out of, the use of a vehicle for the purposes of the service; and
(ii)
a policy of insurance indemnifying the accredited person and any authorised driver in relation to damage to property caused by, or arising out of the use of, the vehicle for the purposes of the service;
(w)
except for a person who is a member of a centralised booking service—a condition that the accredited person must have in place arrangements to deal with lost property;
(x)
a condition that the accredited person will ensure that the public is provided with a service that is adequate and appropriate for an accreditation of the relevant kind, and that the accredited person will comply with a direction of the Minister concerning the provision of a service under the accreditation;
(y)
a condition that if the accredited person is operating a community transportation service and engages a volunteer driver who does not hold an accreditation under section 28 of the Act by virtue of regulation 8(4)(b) to drive for the purposes of the service then the accredited person must ensure (through the implementation of appropriate assessment procedures and on an on‑going basis) that the volunteer driver is of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle.
(2)
In subregulation (1)(o) and (q)—
prescribed period, in relation to a vehicle used for the purposes of a service, means any period of 12 months from any day on which the vehicle has been inspected under section 54 of the Act for the purposes of its use in the service.
(3)
A person who is required to provide information to the Minister under this regulation must provide the information in a manner and form determined by the Minister.
(4)
An accredited person must, on the request of a driver, provide the driver with a copy of a work sheet that has been filled in by the driver.
Maximum penalty: $750.
Expiation fee: $105.
(5)
An authorised officer may, at any reasonable time, in order to ensure that the requirements of this regulation are being met—
(a)
require a person to produce documents; and
(b)
examine, copy or take extracts from a document so produced.
(6)
An accredited person must comply with a requirement of an authorised officer under subregulation (5) unless to do so—
(a)
might tend to incriminate the person or make the person liable to a penalty; or
(b)
would breach legal professional privilege.

14Periodical fees and returns

(1)
Pursuant to section 33(1) of the Act—
(a)
each period of 12 months falling on the anniversary of the day on which the accreditation was granted is a prescribed period for an accreditation under Part 4 Division 1 of the Act; and
(b)
the relevant day is 14 days after the end of each prescribed period.
(2)
Pursuant to section 33(1)(a) of the Act, the following information is prescribed:
(a)
the person's current name and address;
(b)
in the case of a body corporate—the name and address of each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate;
(c)
in relation to each vehicle used for the purposes of the service during the prescribed period—the registration number, make and seating capacity;
(d)
other information determined by the Minister.
(3)
The Minister may require that information contained in a return be verified by statutory declaration.

Division 2Drivers15Drivers – eligibility

(1)
A person is not eligible to be granted an accreditation under Part 4 Division 2 of the Act unless the Minister is satisfied—
(a)
that the person is of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle under the accreditation; and
(b)
that the person has sufficient responsibility, skills and aptitude to drive a vehicle or vehicles under the accreditation—
(i)
in accordance with the conditions under which a passenger transport service is operated; and
(ii)
in accordance with the law; and
(c)
that the person—
(i)
is the holder of an appropriate driver's licence; and
(ii)
in the case of a person who wants to drive a taxi or operate a vehicle under a Small Passenger Vehicle (Metropolitan) Accreditation—has been the holder of such a licence for a period of at least 6 months prior to applying for accreditation; and
(d)
that the person does not suffer a physical or mental incapacity that would impair their ability to work effectively as the driver of a public passenger vehicle under the accreditation; and
(e)
that the person—
(i)
is sufficiently competent in speaking, reading and writing English and in arithmetic; and
(ii)
has sufficient knowledge of the requirements of the Act, and of these regulations; and
(iii)
in the case of a person who wants to drive a taxi in Metropolitan Adelaide—has sufficient knowledge of streets and places in Metropolitan Adelaide,
to work effectively as the driver of a public passenger vehicle under the accreditation (and a person who satisfies the Minister by such documentary evidence as the Minister may require that the person has successfully completed a course approved by the Minister will be taken to meet the requirements of this paragraph); and
(f)
if required by the Minister—that the person has successfully completed—
(i)
a tourism course recognised by the Minister for the purposes of this regulation; or
(ii)
a driver training course recognised by the Minister for the purposes of this regulation,
or both.
(2)
A person who applies for an accreditation under Part 4 Division 2 of the Act to enable the person to drive a country taxi must, if required by the Minister, satisfy the Minister that they have sufficient knowledge of streets and places in the country taxi service area in which the taxi is to be used for the purposes of a country taxi service to work effectively as the driver of a country taxi under the accreditation.
(3)
A person who applies for an accreditation under Part 4 Division 2 of the Act must consent to the Minister obtaining a criminal history check relating to the person.

16Medical examination

The Minister may require a person who holds, or applies for the issue or renewal of, an accreditation under Part 4 Division 2 of the Act to submit a medical report or other evidence acceptable to the Minister to establish that the person does not suffer a physical or mental incapacity that impairs, or could impair, their ability to work effectively as the driver of a public passenger vehicle under the accreditation.

17Conditions

(1)
Pursuant to section 31(1)(b)(ii) of the Act, the following conditions are prescribed in relation to an accreditation under Part 4 Division 2 of the Act:
(a)
a condition that the accredited person must, within 7 days, inform the Minister of a change in the person's name or residential address;
(b)
a condition that the accredited person must, within 7 days, inform the Minister of a change—
(i)
affecting the accuracy of information furnished to the Minister for the purposes of gaining accreditation; or
(ii)
affecting the accuracy of particulars specified in the accreditation;
(c)
a condition that the accredited person must, within 2 business days, inform the Minister—
(i)
of the laying of a charge for an offence against the person; or
(ii)
of a finding by a court that the person has been guilty of an offence;
(d)
a condition that the accredited person must, within 2 business days, inform the Minister of the expiry, suspension or cancellation of the person's driver's licence;
(e)
a condition that the person will, while driving a public passenger vehicle for the purposes of a passenger transport service, display or carry (or both) a form (or forms) of identification determined by the Minister;
(f)
a condition that the accredited person will, in a manner and form determined by the Minister, fill in a work sheet for each day that the person drives a public passenger vehicle;
(g)
in the case of an accredited taxi driver—a condition that the accredited person will fill in on the work sheet, in a manner and form determined by the Minister, information for each trip after each hiring of the taxi ends and before the next hiring of the taxi begins;
(h)
except where the accredited person is driving a vehicle for a taxi service (including a taxi service operated outside Metropolitan Adelaide) or a regular passenger service, or as specifically authorised under these regulations or by the Minister—
(i)
a condition that the accredited person will not drive a vehicle for the purposes of a passenger transport service if the vehicle does not comply with the requirements of regulation 13(1)(n)(ii) and (iii);
(ii)
a condition that the accredited person will not ply for hire with a vehicle in a public street, road or place, and will not stand a vehicle being driven by the person at a designated taxi‑stand;
(iii)
except for—
(A)
a vehicle used for the purposes of a service operated under a Small Passenger Vehicle (Metropolitan) Accreditation, Small Passenger Vehicle (Special Purpose) Accreditation or Small Passenger Vehicle (Traditional) Accreditation; or
(B)
a vehicle drawn by an animal,
a condition that the accredited person will not park or stand a vehicle on a public street, road or place unless a sign approved by the Minister that clearly indicates that the vehicle is not for hire is displayed on or near the vehicle in a manner determined by the Minister for the purposes of this regulation;
(iv)
a condition that the accredited person will not accept a request for the carriage for hire of a person except under a pre‑arranged hiring resulting from a request by the hirer directed to a booking office approved by the Minister under these regulations and the issuing of the booking to that driver following that request;
(i)
a condition that the accredited person will, if driving a taxi participating in an Adelaide centralised booking service—
(i)
not accept a hiring unless the person has, while in the taxi, logged onto the computerised telecommunications system connecting the taxi and the central control station for the booking service; and
(ii)
while in the taxi, log out of the system prior to any other person driving the taxi; and
(iii)
not misuse or interfere with any equipment in the taxi used for the operation of the computerised telecommunications system or the global positioning system connecting the taxi and the central control station;
(j)
a condition that, if the accredited person has been assigned a personal identification number, the person will not disclose the personal identification number to any other person.
(2)
A person who is required to provide information to the Minister under this regulation must provide the information in a manner and form determined by the Minister.

18Duration of accreditation

For the purposes of section 32(1) of the Act, an accreditation under Part 4 Division 2 of the Act continues in force—
(a)
for a period not exceeding 3 years; or
(b)
for a period not exceeding the expiry date on the drivers licence of the applicant for accreditation,
whichever occurs first.

Division 3Centralised booking services19Centralised booking services – eligibility

(1)
A person is not eligible to be granted an accreditation under Part 4 Division 3 of the Act unless the Minister is satisfied—
(a)
that the person or, in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate, is of good repute and in all other respects fit and proper to be responsible for the operation of a centralised booking service; and
(b)
that the person will, if granted an accreditation, operate a centralised booking service that complies with the standards prescribed by subregulation (2); and
(c)
that the person has attained the age of 18 years or, in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate has attained the age of 18 years.
(2)
For the purposes of section 29(3)(a)(ii) of the Act, the following standards are prescribed:
(a)
a centralised booking service must provide a booking service that—
(i)
is able to ensure that telecommunications contact between the service and each passenger transport vehicle participating in the service is continuously available while the vehicle is being used to provide a passenger transport service (excluding a case where a vehicle is in an area where such contact is impracticable); and
(ii)
has a computerised telecommunications system, approved by the Minister, connecting the central control station for the service and each passenger transport vehicle participating in the service that—
(A)
enables a driver of the vehicle to log onto and out of the system while the driver is inside the vehicle; and
(B)
records, at the central control station, the vehicle, the driver's personal identification number and the times and dates the driver has logged onto and out of the system; and
(iii)
in the case of a centralised booking service for taxis—operates 24 hours a day and 7 days a week; and
(iv)
is able to meet various levels of customer service (including as to waiting times) set by the Minister in consultation with the relevant service; and
(v)
has a customer information system to respond to customer inquiries and complaints from customers relating to the hiring, and bookings and orders for the hiring, of passenger transport vehicles;
(b)
a centralised booking service for taxis must ensure that a fleet safety support service that—
(i)
includes a global positioning system, approved by the Minister, that enables the location of each taxi participating in the booking service to be recorded at the central control station for the booking service at all times that the taxi is available for hire; and
(ii)
operates 24 hours a day and 7 days a week; and
(iii)
is able to deal with an emergency situation that involves the driver of a taxi participating in the booking service,
is provided for every taxi participating in the centralised booking service.
(3)
The Minister may require a person or, in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate, who applies for an accreditation under Part 4 Division 3 of the Act to consent to the Minister obtaining a criminal history check relating to the person.

20Conditions

(1)
Pursuant to section 31(1)(b)(ii) of the Act, the following conditions are prescribed in relation to an accreditation under Part 4 Division 3 of the Act:
(a)
a condition that the accredited person must ensure compliance with the standards prescribed by regulation 19(2);
(b)
a condition that the accredited person must, if operating an Adelaide centralised booking service, keep secure from unauthorised access, at the central control station for the booking service, for a period determined by the Minister—
(i)
a record of all drivers of passenger transport vehicles participating in the booking service and the personal identification number of each of those drivers; and
(ii)
a record of all passenger transport vehicles participating in the booking service; and
(iii)
the records generated each time a driver logs onto or out of the computerised telecommunications system; and
(iv)
the records generated by the global positioning system;
(c)
a condition that the accredited person must ensure that the centralised booking service does not issue a booking to a driver of a passenger transport vehicle participating in the service if the driver has not, while in the vehicle, logged onto the computerised telecommunications system connecting the central control station for the booking service and the vehicle;
(d)
a condition that the accredited person must, within 7 days, inform the Minister of action to bankrupt the person or to declare the person insolvent, or of proceedings by the person to take the benefit (as debtor) of a law relating to bankruptcy or insolvent debtors or, in the case of a body corporate, of action to windup the body corporate or to place the body corporate under official management or in receivership;
(e)
a condition that the accredited person must, within 7 days, inform the Minister—
(i)
of a change in the person's name or residential address or, in the case of a body corporate, of a change in the name of the body corporate, or in the registered office or principal office of the body corporate; or
(ii)
of a change in the person's business name or trading name; or
(iii)
in the case of a body corporate, of a change in a director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate;
(f)
a condition that the accredited person must, within 7 days, inform the Minister of a change—
(i)
affecting the accuracy of information furnished to the Minister for the purposes of gaining accreditation; or
(ii)
affecting the accuracy of particulars specified in the accreditation;
(g)
a condition that the accredited person must, within 2 business days, inform the Minister—
(i)
of the laying of a charge for an offence against the person; or
(ii)
of a finding by a court that the person has been guilty of an offence;

(h)
a condition that the accredited person will provide to a customer or potential customer, on request, a copy of the code of practice that applies to the accredited person;
(i)
a condition that the accredited person will have in place a business plan to ensure that relevant customer service levels are met;
(j)
a condition that the accredited person will have in place arrangements to deal with lost property found in vehicles participating in the centralised booking service;
(k)
a condition that the accredited person will have a management information system to monitor and record performance;
(l)
a condition that the accredited person will establish and maintain a set of rules and procedures that are to apply in relation to the provision of the centralised booking service (including in relation to the owners and drivers of vehicles participating in the service), will provide a copy of those rules and procedures to the Minister and will, within 14 days, inform the Minister, in a manner and form determined by the Minister, of any alteration to those rules or procedures;
(m)
a condition that the accredited person will establish and maintain a system for dealing with any dispute between the person and the owner or driver of a vehicle participating in the scheme, and that if the dispute is not resolved within a reasonable time and is referred to the Minister, that the accredited person will accept and, if necessary, implement or observe, a decision made by the Minister in order to resolve the dispute;
(n)
a condition that the accredited person will make and keep a record, in relation to each passenger transport vehicle for which the centralised booking service provides a fleet safety support service, of—
(i)
the registration number of the vehicle; and
(ii)
such other information as the Minister may require.
(2)
A person who is required to provide information to the Minister under this regulation must provide the information in a manner and form determined by the Minister.

21Periodical fees and returns

(1)
For the purposes of section 33(1) of the Act—
(a)
each quarter is a prescribed period for an accreditation under Part 4 Division 3 of the Act; and
(b)
the relevant day for that kind of accreditation is 21 days after the end of a quarter.
(2)
For the purposes of section 33(1)(a) of the Act, the following information is prescribed in relation to the relevant quarter:
(a)
the number of vehicles participating in the service at the end of the relevant quarter;
(b)
the average response times for various periods of the day determined by the Minister;
(c)
the telephone answering standards applied by the centralised booking service;
(d)
a full explanation for an inability to meet customer service requirements under these regulations;
(e)
statistical information relating to cases where vehicles were not available to take bookings, including the time of those bookings and the pick‑up points;
(f)
details of customer complaints, and the action taken;
(g)
details of—
(i)
disciplinary action against the driver or owner of a vehicle participating in the service; or
(ii)
a decision to refuse a person membership of the service;
(h)
other information determined by the Minister.
(3)
The Minister may require information contained in a return be verified by statutory declaration.

22Authorised officers – prescribed powers

For the purposes of section 53(5)(j) of the Act, the following powers are prescribed:
(a)
the power to enter and inspect, at any reasonable time, premises where a person is operating a centralised booking service;
(b)
the power to require a person to produce evidence about customer service levels and operational practices;
(c)
the power to require a person to produce documents;
(d)
the power to examine, copy or take extracts from a document so produced;
(e)
the power to undertake an assessment of—
(i)
the operations of the centralised booking service; and
(ii)
the vehicles participating in the service; and
(iii)
the maintenance and enforcement of standards within the service.

Division 4General provisions relating to accreditations23Accreditations may be held jointly

(1)
An accreditation under Part 4 Division 1 or 3 of the Act may, if the Minister thinks fit, be issued to more than 1 person on joint application.
(2)
If an accreditation is jointly held, service of a notice on 1 of the accredited persons will be regarded as service on all the accredited persons.

24Particulars in accreditation

An accreditation under Part 4 of the Act must—
(a)
specify the period for which it will continue in force; and
(b)
specify the conditions (if any) imposed by the Minister in relation to the accreditation under section 31(1)(b)(i) of the Act.

25Death or incapacity of accredited person

(1)
If an individual who is the holder of an accreditation under Part 4 Division 1 or 3 of the Act—
(a)
dies; or
(b)
has a physical or mental incapacity that prevents the individual from carrying on business under the accreditation,
a person who takes over the management of the business may, with the consent of the Minister, continue to operate a passenger transport service or centralised booking service (as the case may be) under the accreditation for a period determined by the Minister.
(2)
For the purposes of subregulation (1)—
(a)
a period determined by the Minister must be at least 3 months; and
(b)
the Minister may, if the Minister thinks fit, extend a period; and
(c)
the duration for which a person may operate a service under subregulation (1) cannot exceed 12 months.

26Duty of accredited person to furnish information

(1)
The holder of an accreditation under Part 4 of the Act must, if so required by the Minister by notice in writing, furnish to the Minister or to a person nominated by the Minister for the purpose, within a period specified in the notice, a return in a form determined by the Minister setting out such information as to the operation of a service, or as to any other matter relevant to the accreditation, as the Minister, or the nominated person, may require.

Maximum penalty: $750.
Expiation fee: $105.

(2)
The Minister may require that information contained in a return under subregulation (1) be verified by statutory declaration.

27Inquiries by Minister

(1)
The holder of an accreditation under Part 4 of the Act must, if so required by the Minister by notice in writing, attend at a specified place before the Minister, or a person appointed by the Minister for the purpose, and there answer such questions as to the accreditation, and the operation of a service under the accreditation, the person's conduct, or any other matter, as the Minister or the person so appointed considers necessary for the administration or enforcement of the Act, or of these regulations.
Maximum penalty: $750.
Expiation fee: $105.
(2)
A notice under subregulation (1) must describe the matters to be inquired into and must allow a reasonable interval from the date of service of the notice to the date fixed for attendance.

28Defacing etc of accreditations

The holder of an accreditation under Part 4 of the Act must not—
(a)
deface, alter, or mutilate the accreditation; or
(b)
part with possession of the accreditation except as required under these regulations or the Act.
Maximum penalty: $750.
Expiation fee: $105.

29Delivery of accreditations

The holder of an accreditation under Part 4 of the Act must within 2 business days deliver the accreditation to the Minister—
(a)
if the accreditation is altered or defaced or becomes illegible in a particular; or
(b)
if there is a change in the accuracy of a particular specified in the accreditation; or
(c)
on receiving notice of the suspension or revocation of the accreditation; or
(d)
on being required by the Minister by notice in writing to deliver the accreditation to the Minister; or
(e)
on the expiry of the accreditation.
Maximum penalty: $750.
Expiation fee: $105.

30Issue of duplicate if accreditation lost etc

If—
(a)
the holder of an accreditation satisfies the Minister that the accreditation has been lost or destroyed; or
(b)
an accreditation that has been altered or defaced or has become illegible in a particular is delivered to the Minister,
the Minister may, on payment of the prescribed fee, issue a duplicate of the accreditation and the former accreditation is null and void.

31Renewals

(1)
Pursuant to section 34(3) of the Act—
(a)
an application for the renewal of an accreditation under Part 4 Division 1 or 3 of the Act must be made not later than 28 days before the date of expiry of the accreditation; and
(b)
an application for the renewal of an accreditation under Part 4 Division 2 of the Act must be made not later than 7 days before the date of expiry of the accreditation.
(2)
The day that corresponds to 6 weeks before the date of expiry of an accreditation is fixed for the purposes of section 34(5) of the Act.
(3)
The Minister may require a person, or in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate, who applies for a renewal of an accreditation under Part 4 Division 1 or Part 4 Division 3 of the Act to consent to the Minister obtaining a criminal history check relating to the person.
(4)
A person who applies for a renewal of an accreditation under Part 4 Division 2 of the Act must consent to the Minister obtaining a criminal history check relating to the person.

32Procedure for variation of an accreditation

(1)
For the purposes of section 35(4) of the Act, the Minister must, before varying a person's accreditation from 1 class of accreditation to another—
(a)
notify the person in writing of the proposed action and provide a brief summary of the reasons for the proposed action; and
(b)
allow the person a reasonable opportunity to make submissions in relation to the matter.
(2)
A notification of a decision by the Minister to vary a person's accreditation under section 35(4) of the Act must include a statement setting out the person's right to appeal against the decision.

Part 3TaxisDivision 1Taxi licences33Exceptions to sections 45 and 52 of Act

(1)
Section 45(1)(a) of the Act does not apply in relation to the operation of a country taxi service by means of a vehicle that displays the word "TAXI" or that word in combination with the word "COUNTRY".
(2)
Section 45(1)(b) of the Act does not apply in relation to a vehicle plying for hire or standing at a designated taxi‑stand within the country taxi service area in which the vehicle may be used for the purposes of a country taxi service.
(3)
For the purposes of section 45(1)(c) of the Act, a person who does not hold a taxi licence for a vehicle may cause or permit the vehicle to ply for hire in a public street, road or place if—
(a)
the vehicle is being used for the purposes of a country taxi service; and
(b)
the street, road or place is within the country taxi service area in which the vehicle may be used for the purposes of a country taxi service.
(4)
For the purposes of section 45(1)(c) of the Act, a person who does not hold a taxi licence for a vehicle may cause or permit the vehicle to ply for hire in a public street, road or place if—
(a)
the person holds an accreditation under Part 4 of the Act; and
(b)
the vehicle is being used for the purposes of a service operated under the accreditation; and
(c)
the vehicle is plying for hire—
(i)
between midnight on the Monday preceding the commencement of a declared period within the meaning of the South Australian Motor Sport Act 1984 and midnight on the Thursday following the end of that declared period; or
(ii)
between 10 pm on 31 December of any year and 10 am on 1 January of the following year.
(5)
For the purposes of 45(1)(d) of the Act, a person who does not hold a taxi licence for a vehicle fitted with a taxi‑meter may operate a country taxi service by means of the vehicle.
(6)
Section 52(1) of the Act does not apply to—
(a)
the operator of—
(i)
a centralised booking service for taxis; or
(ii)
a booking service for taxis operating outside Metropolitan Adelaide; or
(b)
the operator of a country taxi service; or
(c)
an employee or agent of a person referred to in paragraph (a) or (b).

34Suitability of vehicle

An applicant for a taxi licence must satisfy the Minister that the vehicle in respect of which the licence is sought—
(a)
has an engine capacity of 4 cylinders or more; and
(b)
is capable of seating at least 4 average‑sized adults comfortably plus the driver; and
(c)
in the case of a sedan or wagon—has at least 4 doors; and
(d)
complies with these regulations and any requirement determined by the Minister; and
(e)
is suitable for use as a taxi under a licence of the kind or grade applied for; and
(f)
is in good order.

35Prescribed kinds or grades of licences

(1)
Pursuant to section 47(5) of the Act, the following kinds or grades of taxi licence are prescribed:
(a)
general taxi licences;
(b)
temporary taxi licences;
(c)
special vehicle licences;
(d)
standby taxi licences.
(2)
A temporary taxi licence is a temporary licence under the Act.
(3)
A special vehicle licence is a licence for a taxi that—
(a)
is suitable to carry persons who use wheelchairs, scooters or other large (ride‑on) mobility aids; and
(b)
is determined by the Minister to be a special vehicle licence under these regulations.
(4)
For the purposes of section 47(8) of the Act, a standby licence means a standby taxi licence.

36Conditions of licences

Pursuant to section 45(5) of the Act—
(a)
a taxi licence is subject to the following conditions:
(i)
a condition that the holder of the licence must remain an accredited person of an appropriate kind;
(ii)
a condition that the holder of the licence must remain a fit and proper person to hold a taxi licence;
(iii)
a condition that the licence relates only to 1 vehicle;
(iv)
a condition that, if the Minister consents to the leasing of the licence, the lessee must not sublease the licence; and
(b)
a standby taxi licence is subject to the following conditions:
(i)
a condition that the standby taxi must not be used to ply for hire except in place of another licensed taxi that is temporarily out of service;
(ii)
a condition that 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;
(iii)
a condition that the holder of the licence will, before the standby taxi is used to ply for hire on any occasion, notify the Minister, in a manner and form determined by the Minister, of the proposed use of the taxi;
(iv)
a condition that 1 of the taxi registration plates of the taxi that is temporarily out of service must be kept fixed in the rear window of the standby taxi in a manner approved by the Minister or an authorised officer, and kept clearly on display, while it is being used to ply for hire.

37Licence allocation procedure

(1)
For the purposes of section 47(6)(e) of the Act, the allocation procedure set out in Schedule 1 is specified.
(2)
Section 46(3) of the Act does not apply with respect to a person who is tendering for a taxi licence under Schedule 1.
(3)
However, a person who is a successful tenderer under the procedure set out in Schedule 1 must comply with the requirements of that Schedule relating to obtaining accreditation (if the tenderer is not an accredited person of an appropriate kind).

38Licences may be held jointly

(1)
A taxi licence may, if the Minister thinks fit, be issued to more than 1 person on joint application.
(2)
If a taxi licence is jointly held, service of a notice on 1 of the holders of the licence will be regarded as service on all the holders of the licence.

39Particulars in licence

A taxi licence must—
(a)
specify the period for which it will continue in force; and
(b)
specify the conditions (if any) imposed by the Minister in relation to the licence under section 45 of the Act.

40Duty to notify Minister of changes in information

The holder of a taxi licence must, within 7 days, inform the Minister of a change—
(a)
affecting the accuracy of information furnished to the Minister for the purposes of gaining the licence; or
(b)
affecting the accuracy of particulars specified in the licence.
Maximum penalty: $750.
Expiation fee: $105.

41Death or incapacity of licence holder

(1)
If an individual who is the holder of a taxi licence—
(a)
dies; or
(b)
has a physical or mental incapacity that prevents the individual from carrying on the business of operating a taxi service,
a person who takes over the management of the business may, with the consent of the Minister, continue to operate a taxi under the licence for a period determined by the Minister.
(2)
For the purposes of subregulation (1)—
(a)
a period determined by the Minister must be at least 3 months; and
(b)
the Minister may, if the Minister thinks fit, extend a period; and
(c)
the duration for which a person may operate a taxi under subregulation (1) cannot exceed 12 months.

42Transfer of licences

(1)
The Minister may, in the Minister's absolute discretion, determine that a taxi licence held under the Act or these regulations on the basis that it cannot be transferred or assigned will, from the date that the determination takes effect, be capable of being transferred or assigned (subject to the operation of section 49 of the Act).
(2)
The Minister may fix a fee that is payable by the holder of a taxi licence that is subject to a determination of the Minister under subregulation (1).
(3)
A fee fixed under subregulation (2) may, if the Minister so determines, be payable in instalments.
(4)
However, a fee is not payable under subregulation (2) unless the determination of the Minister under subregulation (1) is made on the application, or with the concurrence, of the holder of the taxi licence.
(5)
If the Minister consents to a dealing with a licence that is less than a complete transfer, then, unless the Minister otherwise determines—
(a)
the consent is subject to a condition that the dealing will only operate for a period of 1 year; and
(b)
the holder of the licence must, if the dealing is to be renewed or continued beyond that period, reapply under this regulation and obtain the Minister's consent to its renewal or continuance for a further period of 1 year.

43Suspension or cancellation of licences

(1)
For the purposes of section 50(1)(c) of the Act, the following requirements and conditions are prescribed:
(a)
a requirement that a person who drives the taxi for the purposes of a passenger transport service must be a fit and proper person to be the driver of a taxi;
(b)
a requirement that the service provided to the public through the use of the taxi must be adequate and appropriate for the kind or grade of licence;
(c)
a requirement that the taxi must comply with these regulations and any requirement determined by the Minister, remain suitable for use as a taxi under a licence of the kind or grade applied for, and remain in good order;
(d)
a condition that the holder of the licence must remain eligible under the Act and these regulations to hold a taxi licence.
(2)
If the Minister decides to suspend or cancel a taxi licence under section 50 of the Act, the Minister must—
(a)
in the case of a temporary licence—give the holder of the licence at least 7 days written notice of the proposed course of action (including a brief summary of the reasons for the Minister's decision); or
(b)
in any other case—
(i)
give the holder of the licence written notice of the proposed course of action (including a brief summary of the matters alleged against them); and
(ii)
allow the holder of the licence a reasonable opportunity to answer or make submissions in relation to the matters alleged against them.
(3)
The procedures set out in subregulation (2) may be undertaken in conjunction with a process under Part 4 Division 5 of the Act.
(4)
A notification of a decision of the Minister to suspend or cancel a taxi licence, other than a temporary licence, must include a statement setting out the person's right to appeal against the decision.

(b)
if the person is not an accredited person of the appropriate kind—to obtain the necessary accreditation within 28 days of receipt of the notice.
(17)
If 1 or more successful tenderers fail to comply with a requirement of the notices served under subclause (16)—
(a)
in respect of the tender, or each or any tender, to which the failure relates—the tender will, subject to any determination or allowance of the Minister, be taken to be withdrawn; and
(b)
the Minister may, at the Minister's discretion, treat as successful tenderers 1 or more of the tenderers (if any) whose names next appear on the schedule of tenders after the names of all other successful tenderers and accordingly serve further notices under subclause (16) on those further successful tenderers.
(18)
The Minister may, in connection with the operation of subclause (17), require a person whose name appears on the schedule of tenders and who may be eligible to be treated as a successful tenderer to furnish to the Minister within a time specified by the Minister such information, verified by statutory declaration, as the Minister may require to determine whether the person has had an interest in a tender for an amount equal to, or greater than, the amount of the relevant tender.
(19)
If a person fails to provide the information required under subclause (18) in accordance with the requirements of the Minister or if the Minister determines that the person has had an interest in such a tender and the tender is a tender that has been taken to be withdrawn under subclause (17)(a) then the Minister may, if the Minister thinks fit, determine that the person will not be treated as a successful tenderer under subclause (17)(b) (and that determination will have effect according to its terms).
(20)
If a person on whom notice has been served under subclause (16)—
(a)
complies with the notice; and
(b)
satisfies the Minister that they are eligible to hold a taxi licence under the Act and these regulations,
a taxi licence may be issued to the person.
(21)
A person is not entitled to a refund of a tender fee if the tender is rejected, withdrawn or unsuccessful under this Schedule.

Schedule 2—Maximum fares (metropolitan taxis)

1—Journeys ending in Metropolitan Adelaide

(1)
This clause applies to the following journeys by metropolitan taxi:
(a)
a journey within Metropolitan Adelaide (Area A);
(b)
a journey that begins and ends in Metropolitan Adelaide (Area A);
(c)
a journey within Metropolitan Adelaide (Area B);
(d)
a journey that begins in Metropolitan Adelaide (Area B) and ends in Metropolitan Adelaide (Area A).
(2)
For a journey by metropolitan taxi to which this clause applies, the fare must not exceed the sum of the following:

(a) flagfall—
(i) on tariff 1	$3.90
(ii) on tariff 2	$5.20
(iii) on tariff 3	$5.00
(iv) on tariff 4	$6.80
(b) for the distance travelled—
(i) on tariff 1—for every 47.31 m or part	$0.10
(ii) on tariff 2—for every 41.15 m or part	$0.10
(iii) on tariff 3—for every 36.61 m or part	$0.10
(iv) on tariff 4—for every 31.64 m or part	$0.10
(c) for waiting time after the commencement of the hiring—
(i) on tariff 1—for each period of 8.08 seconds	$0.10
(ii) on tariff 2—for each period of 8.08 seconds	$0.10
(iii) on tariff 3—for each period of 6.33 seconds	$0.10
(iv) on tariff 4—for each period of 6.33 seconds	$0.10

(3)
The following tariffs apply to the hiring of a metropolitan taxi for a journey to which this clause applies:
(a)
in the case of a multi‑seat hiring—
(i)
commenced between the hours of 7 pm on Monday to Thursday inclusive and 6 am on the following day, or between the hours of 7 pm on Friday and 6 am on the following Monday, or during a public holiday—tariff 4 applies;
(ii)
commenced at any other time—tariff 3 applies;
(b)
in any other case—
(i)
commenced between the hours of 7 pm on Monday to Thursday inclusive and 6 am on the following day, or between the hours of 7 pm on Friday and 6 am on the following Monday, or during a public holiday—tariff 2 applies;
(ii)
commenced at any other time—tariff 1 applies.
(4)
For a journey by metropolitan taxi to which this clause applies that is—
(a)
between the hours of 12.01 am and 5.59 am on a Saturday, Sunday or public holiday; or
(b)
on a day during a declared period,
the fare calculated in accordance with this clause may include an additional amount of $2.20.
(5)
In circumstances determined by the Minister, a lifting fee of an amount determined by the Minister may be charged in respect of a period determined by the Minister during which the taxi is delayed by reason of the driver assisting the user of a wheelchair, scooter or other large (ride‑on) mobility aid to enter or leave the taxi instead of an amount that would be chargeable for that period under subclause (2)(c).
(6)
In this clause—
declared period means—
(a)
a declared period within the meaning of the South Australian Motor Sport Act 1984; or
(b)
any period declared by the Minister by notice in the Gazette to be a declared period for the purposes of this clause.
2—Journeys ending outside Metropolitan Adelaide (Area A)
(1)
This clause applies to the following journeys by metropolitan taxi:
(a)
a journey that begins in Metropolitan Adelaide (Area A) and ends in Metropolitan Adelaide (Area B);
(b)
a journey that begins in Metropolitan Adelaide (Area A) and ends outside Metropolitan Adelaide;
(c)
a journey that begins in Metropolitan Adelaide (Area B) and ends outside Metropolitan Adelaide.
(2)
For a journey by metropolitan taxi to which this clause applies, the fare must be determined by contract between the hirer and the driver but—
(a)
in the case of a multi‑seat hiring—must not exceed $1.70 per kilometre calculated on the forward and return journey plus waiting time at the rate of $0.10 for each period of 8.08 seconds;
(b)
in any other case—must not exceed $1.30 per kilometre calculated on the forward and return journey plus waiting time at the rate of $0.10 for each period of 8.08 seconds.
(3)
The hirer must, if requested to do so by the driver, pay the estimated fare in advance.
(4)
If at the conclusion of the forward journey the hirer requests the driver to wait and pays the fare for the forward journey plus the estimated waiting time at the rate of $0.10 for each period of 8.08 seconds up to a limit of 2 hours, the driver must comply with the request and complete the journey at the contract rate.
(5)
The hirer must pay for all meals and accommodation expenses necessarily incurred by the driver in the journey but time spent during meals or rest periods must not be calculated as waiting time.
(6)
Unless otherwise agreed, the flagfall specified in clause 1 applies to any such journey.
3—Journeys from Adelaide Airport T1 Airport Terminal
For a journey by metropolitan taxi that begins at the taxi rank of the "T1 Airport Terminal" on Andy Thomas Circuit at Adelaide Airport, the fare may include an additional amount, not exceeding $3, if a service fee of that amount has been charged to the taxi for entering that taxi rank.

4—Multiple‑hirings

If a metropolitan taxi is used for a multiple‑hiring—
(a)
the tariff to be applied must be tariff 1 or tariff 2 (as the case may be); and
(b)
the fare for any of the hirers must not exceed 75% of the fare recorded on the taxi‑meter on reaching that hirer's destination.

5—Special services

The fare for—
(a)
a metropolitan taxi that is used to provide a taxi service determined by the Minister to be a premium service for the purposes of this clause; or
(b)
a metropolitan taxi that is used for the conveyance of a bridal party and that is specially prepared for the occasion; or
(c)
a metropolitan taxi that is used for the conveyance of a person in a funeral procession,
may, if the taxi is engaged under a pre‑arranged hiring and the parties agree, be a fare determined by contract.

6—Pre‑arranged hirings

The fare for a journey by a taxi that is engaged under a pre‑arranged hiring made through a centralised booking service may—
(a)
include a booking fee, provided that the hirer has been informed of the amount of the booking fee before the hiring commences; and
(b)
if the centralised booking service and the hirer agree—be an estimated fare (not exceeding the maximum fare that may be charged under the preceding provisions of this Schedule) that is calculated on the shortest and most direct route for the journey and is quoted to the hirer before the hiring commences.

Schedule 3—Certificate of inspection under section 54 of the Act

Schedule 4—Codes of practice

1—Bus operators

The operator of a passenger transport service involving the use of 1 or more buses must—
(a)
treat customers with politeness, courtesy, helpfulness and honesty; and
(b)
observe and promote truth in advertising; and
(c)
deal promptly and courteously with complaints by passengers and other members of the public, and respond promptly to complaints directed from the Minister; and
(d)
employ only appropriately accredited drivers, of a general calibre capable of meeting the needs of customers; and
(e)
ensure that drivers are aware of, and abide by, the code of practice for drivers; and
(f)
promote customer awareness of any authorised star rating system for vehicles, and indicate the rating of their vehicles in promotion material, and on the vehicles; and
(g)
keep a vehicle as clean as possible when used for carrying passengers for hire or reward; and
(h)
not engage in dishonest or dishonourable conduct in relation to a service, or in relation to the accreditation, and not permit an employee or agent of the operator to do so; and
(i)
at all times comply with policies determined by the Minister directed at promoting service to the public; and
(j)
provide an area of off‑street parking adequate to park the number of vehicles under the control of the operator; and
(k)
provide an adequate area and standard of undercover maintenance facilities and equipment in order to garage, service and maintain the vehicles used for the purposes of the service, or else have ready access to an appropriate repair workshop; and
(l)
monitor staff performance and assist in the provision of appropriate skill enhancement training and promote the themes of courtesy, safety and professional service among staff; and
(m)
ensure trip times that do not force drivers to travel in excess of lawful speed limits and enable drivers to abide by any statutory limits on the periods for which a person may drive a vehicle; and
(n)
ensure that all on and off road equipment is correctly maintained, is safe to operate and is appropriately licensed as required; and
(o)
have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and
(p)
be particularly sensitive to the needs of people with disabilities.

2—Small passenger vehicle operators

The operator of a passenger transport service involving the use of 1 or more small passenger vehicles must—
(a)
treat customers with politeness, courtesy, helpfulness and honesty; and
(b)
observe and promote truth in advertising; and
(c)
deal promptly and courteously with complaints by passengers and other members of the public, and respond promptly to complaints directed from the Minister; and
(d)
employ only appropriately accredited drivers, of a general calibre capable of meeting the needs of customers; and
(e)
ensure that drivers are aware of, and abide by, the code of practice for drivers; and
(f)
strive to keep a vehicle as clean as possible when used for carrying passengers for hire or reward; and
(g)
not engage in dishonest or dishonourable conduct in relation to a service or in relation to the accreditation, and not permit an employee or agent of the operator to do so; and
(h)
at all times comply with policies determined by the Minister directed at promoting service to the public; and
(i)
provide a standard pre‑paid booking record to the public where applicable, with clear conditions for deposits and payments; and
(j)
refund cancellations of bookings in full, or less deposit and costs proportionate to the time elapsed between the time of booking and the time of the booked service, subject to the customer having been advised of cancellation costs in advance; and
(k)
not take bookings unless the operator is confident that the booking can be met; and
(l)
monitor staff performance and assist in the provision of appropriate skill enhancement training and promote the themes of courtesy, safety and professional service among staff; and
(m)
ensure that a driver who has worked for more than 5 hours in another job does not commence work as a driver without a break; and
(n)
ensure that all on and off road equipment is correctly specified and maintained, is safe to operate and is appropriately licensed as required; and
(o)
have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and
(p)
be particularly sensitive to the needs of people with disabilities; and
(q)
insofar as SATSS applies to the operator of the service—
(i)
comply with the SATSS conditions of use; and
(ii)
take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and
(iii)
ensure that all SATSS vouchers are—
(A)
thoroughly checked at the time of presentation by the driver, to ensure that the driver has actually carried out the work; and
(B)
tagged and recorded in such a manner that any information from that voucher can be accessed quickly and accurately; and
(C)
returned to the driver if there are any obvious deletions or alterations, or if the voucher is not legible; and
(r)
not engage in conduct that may bring the passenger transport industry into disrepute.

3—Taxi operators

The operator of a taxi service must—
(a)
treat customers with courtesy, helpfulness and honesty; and
(b)
keep a vehicle as clean as possible when used for carrying passengers for hire or reward; and
(c)
ensure that the vehicle is maintained to regulated standards of passenger comfort and safety, and is mechanically and bodily sound; and
(d)
deal promptly and courteously with complaints, including those directed from the Minister; and
(e)
prominently display on a vehicle information identifying the centralised booking service to which it belongs and the credit facilities that are accepted; and
(f)
not engage in dishonest or dishonourable conduct in relation to a service or in relation to the accreditation, and not permit a driver to do so; and
(g)
at all times comply with policies determined by the Minister directed at promoting service to the public; and
(h)
ensure that customers will have access to at least all credit facilities authorised by the centralised booking service; and
(i)
ensure that a sufficient supply of credit vouchers is available to the driver at the beginning of each shift; and
(j)
ensure that drivers are aware of the requirements of the relevant code of practice for drivers; and
(k)
not leave the membership of a centralised booking service before the operator has fulfilled all of their financial obligations to that service; and
(l)
not leave the membership of a centralised booking service before the operator has fulfilled all of their obligations in respect of any disciplinary action ordered by that service; and
(m)
comply with any requirements, policy or procedure issued by the centralised booking service; and
(n)
comply with the SATSS conditions of use; and
(o)
ensure that all SATSS vouchers are—
(i)
thoroughly checked at the time of presentation by the driver, to ensure that the driver has actually carried out the work; and
(ii)
tagged and recorded in such a manner that any information from that voucher can be accessed quickly and accurately; and
(iii)
returned to the driver if there are any obvious deletions or alterations, or if the voucher is not legible; and
(iv)
only presented to the centralised booking service affiliated with the taxi recorded on the voucher; and
(p)
take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and
(q)
not engage in conduct that may bring the taxi industry into disrepute; and
(r)
have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and
(s)
be particularly sensitive to the needs of people with disabilities; and
(t)
ensure that drivers are aware of the procedures to be followed in the event of an incident that requires the downloading of material from a security camera system, including where to take the taxi for that downloading to occur; and
(u)
ensure that the Minister and the relevant centralised booking service are informed when a security camera system is installed in the taxi, or transferred to another taxi.

4—Taxi drivers

A taxi driver must—
(a)
treat all customers with courtesy, helpfulness and honesty, and pay particular attention to the needs of children, older people and people with a disability; and
(b)
take the shortest and/or most practicable route, unless the passenger requests otherwise; and
(c)
observe the laws that relate to safe driving; and
(d)
not take drugs as a means of overcoming fatigue, ensure that they do not have any concentration of alcohol in their blood while driving, and observe the laws that relate to driving under the influence of drugs; and
(e)
readily accept all credit vouchers authorised by any relevant centralised booking service; and
(f)
offer to put on the air conditioning on warm or hot days; and
(g)
accept all lawful requests for carriage, no matter what the distance; and
(h)
display current identification at all times inside the vehicle; and
(i)
keep the interior of the taxi clean and tidy; and
(j)
drive in a manner that will minimise wear and tear on the vehicle; and
(k)
have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and
(l)
be particularly sensitive to the needs of people with disabilities; and
(m)
be honest, polite and patient in network communication and as far as possible, cooperate in the efficient and responsive processing of network bookings; and
(n)
check the vehicle for lost property at the end of each shift; and
(o)
ensure that any relevant centralised booking service is notified if a mobile telephone or other form of communications facility is installed in the taxi, used in conjunction with the taxi or otherwise used to book the taxi; and
(p)
not accept a request for hire from a centralised booking service for taxis unless it is accredited under Part 4 Division 3 of the Act; and
(q)
comply with the SATSS conditions of use; and
(r)
ensure that all SATSS vouchers are thoroughly checked at the time of presentation by the passenger; and
(s)
take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and
(t)
comply with any requirements, policy or procedure issued by the centralised booking service, including any disciplinary action ordered by the centralised booking service; and
(u)
not engage in dishonest or dishonourable conduct in carrying out their duties; and
(v)
not engage in conduct that may bring the taxi industry into disrepute; and
(w)
not, if the driver has been issued a booking by the centralised booking service, pass the booking onto another driver except through the booking service; and
(x)
assist other drivers with broken down or otherwise disabled vehicles, particularly if the vehicle is carrying a passenger; and
(y)
check that a security camera system fitted to the taxi is operating correctly before commencing a shift; and
(z)
not be available for hire, stand at a taxi‑stand or accept a hiring if a security camera system fitted to the taxi is not operating correctly; and
(za)
report any security related incident immediately if it is safe to do so; and
(zb)
following a security related incident, comply with any direction of the Minister, a police officer, an authorised officer or other officer, or another person acting under the authority of the Minister.

5—General passenger service drivers

A general passenger service driver must—

(a)
treat customers with politeness, courtesy, helpfulness and honesty; and
(b)
observe the laws that relate to safe driving; and
(c)
ensure that they do not have any concentration of alcohol in their blood while driving, and observe the laws that relate to driving under the influence of drugs; and
(d)
strictly observe legal requirements relating to driving hours and rest periods; and
(e)
drive defensively in the interests of general public safety; and
(f)
ensure that any destination sign is accurate; and
(g)
be sensibly and safely dressed when dealing with customers, in a manner that will advance the image of the passenger transport industry; and
(h)
have regard to existing laws about not discriminating against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy; and
(i)
be particularly sensitive to the needs of people with disabilities; and
(j)
insofar as SATSS applies to the general passenger service driver—
(i)
comply with the SATSS conditions of use; and
(ii)
ensure that all SATSS vouchers are thoroughly checked at the time of presentation by the passenger; and
(iii)
take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and
(k)
not engage in conduct that may bring the passenger transport industry into disrepute; and
(l)
not accept a request for hire from a centralised booking service unless it is accredited under Part 4 Division 3 of the Act.

6—Centralised booking service operators

The operator of a centralised booking service must—
(a)
ensure that all customers and potential customers are treated in a courteous manner, and that complaints or enquiries are handled efficiently, honestly, responsibly and impartially; and
(b)
not knowingly allow vehicles with serious defects to use the service; and
(c)
be familiar with and comply with all regulations set down from time to time under Commonwealth laws relating to radio and other forms of communication; and
(d)
ensure that all staff are adequately trained to carry out their respective duties; and
(e)
ensure that there are sufficient customer service representatives on duty at all times to enable each operator to acquire and record appropriate customer information; and
(f)
ensure that procedures are fair and equitable in the allocation of bookings and are non‑discriminatory; and
(g)
ensure customer service representatives and dispatchers understand that it is unlawful to discriminate against a person because of the person's sex, race, disability, age, marital status, sexuality or pregnancy, and are particularly sensitive to the needs of people with disabilities; and
(h)
ensure that an accredited driver operating within the service is aware of the service's policies, initiatives or other matters relating to an efficient service to its customers; and
(i)
ensure that drivers and operators are aware of, and abide by, their respective codes of practice; and
(j)
comply with the SATSS conditions of use; and
(k)
not engage in conduct that may bring the passenger transport industry into disrepute; and
(l)
seek at all times to foster service to the public and promote the passenger transport industry as a whole; and
(m)
at all times observe and promote truth in advertising; and
(n)
take immediate disciplinary action against employees and drivers for serious breaches of customer service requirements; and
(o)
not accept the operator of a taxi service into membership of the service unless the operator has a clearance from the service that they have left, with a decision regarding clearance to be finalised within 24 hours; and
(p)
put into place and observe a policy for transferring work to ensure that all taxi customers are not disadvantaged; and
(q)
keep a record of all breaches of the relevant code of practice by taxi drivers or general passenger service drivers (as the case requires) in a register, and make that register available to the Minister, or to the driver, on request; and
(r)
undertake public awareness and education regarding the use of vehicles participating in the service; and
(s)
ensure that all SATSS vouchers are—
(i)
thoroughly checked at the time of presentation by the driver, to ensure that the driver has actually carried out the work; and
(ii)
tagged and recorded in such a manner that any information from that voucher can be accessed quickly and accurately; and
(iii)
returned to the operator if there are any obvious deletions or alterations, or if the voucher is not legible; and
(t)
take all necessary steps to ensure that SATSS vouchers are not being fraudulently or inappropriately lodged; and
(u)
in the case of a centralised booking service that provides a fleet safety support service to taxis (other than taxis used to provide a country taxi service)—
(i)
appoint a Security Liaison Officer in connection with the installation and operation of security camera systems in taxis; and
(ii)
provide a reasonable level of advice and assistance to operators and drivers in connection with the operation and maintenance of security camera systems installed in taxis; and
(iii)
advise the relevant operator if a driver fails to comply with a procedure for the operation and use of a security camera system fitted in the taxi, or for the downloading of material or the provision of material to the police or the Minister; and
(iv)
on request, provide a driver with information on where material can be downloaded from a security camera system fitted to a taxi following a security related incident; and
(v)
maintain a register of taxis fitted with security camera systems (including details of the registration number of the taxi, the kind of system installed, and other information determined by the Minister); and
(v)
ensure that any identification provided to a driver for the driver to display or carry inside the vehicle (as required by these regulations) is a true and accurate photograph of the driver; and
(w)
ensure that—
(i)
the operator of a passenger transport service does not participate in the booking service unless the operator holds a current accreditation under Part 4 Division 1 of the Act; and
(ii)
any person who drives a vehicle for the purposes of a passenger transport service that participates in the booking service holds a current accreditation under Part 4 Division 2 of the Act.

Schedule 5—Repeal and transitional provisions

Part 1—Repeal of Passenger Transport Regulations 2009

1—Repeal of regulations

The Passenger Transport Regulations 2009 are repealed.

Part 2—Transitional provisions

2—Transitional provisions

(1)
A determination, declaration, approval, authorisation or instrument in writing, or a requirement, direction or notice, made, given or continued in force under or for the purposes of the repealed regulations that is in force immediately before the commencement of these regulations continues in force as a determination, declaration, approval, authorisation or instrument in writing, or requirement, direction or notice, given or made under or for the purposes of any corresponding provision of these regulations, subject to—
(a)
the conditions (if any) of the determination, declaration, approval, authorisation, instrument in writing, requirement, direction or notice; and
(b)
amendment or repeal under these regulations.
(2)
A transit barring order made under regulation 133 of the repealed regulations that is in force immediately before the commencement of these regulations continues in force as if it were a transit barring order made under regulation 139.
(3)
An exemption from a provision of the repealed regulations that is in force immediately before the commencement of these regulations continues in force as an exemption from the corresponding provision of these regulations, subject to—
(a)
the conditions (if any) of the exemption; and
(b)
amendment or repeal under these regulations.

Legislative history

Notes

•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations
Year
No
Reference
Commencement
2024
89
Gazette 29.08.2024 p2997
1.9.2024: r 2

Year	No	Reference	Commencement
2024	89	Gazette 29.08.2024 p2997	1.9.2024: r 2