Passenger Transport (Taxi-cab Services) Amendment (Wheelchair Accessibility) Regulation 2005 (NSW)

2005 No 364

New South Wales

Passenger Transport (Taxi-cab

Services) Amendment (Wheelchair

Accessibility) Regulation 2005

under the

Passenger Transport Act 1990

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Passenger Transport Act 1990.

JOHN WATKINS, M.P.,

Minister for Transport

Explanatory note
The object of this Regulation is to require the accredited operator of a wheelchair accessible taxi-cab to ensure that the taxi-cab:

(a)	is fitted with a hoist, or is equipped with a ramp, that allows safe access to the taxi-cab by a person using a wheelchair, and
(b)	carries wheelchair restraints that enable wheelchairs to be safely and securely attached to the taxi-cab.

A failure to comply with these requirements is an offence (maximum penalty: $4,400). This offence is also prescribed as a penalty notice offence (prescribed penalty: $400). A failure to ensure compliance with the requirements at the time of an inspection of the taxi-cab in accordance with certain provisions of the Passenger Transport Act 1990 is also an offence (maximum penalty: $550) and allows a non-compliance notice to be affixed to the taxi-cab. This Regulation is made under the Passenger Transport Act 1990, including sections 32K, 59 and 63 (the general regulation-making power).

Published in Gazette No 92 of 22 July 2005, page 3779	Page 1
2005 No 364	Passenger Transport (Taxi-cab Services) Amendment (Wheelchair
Clause 1	Accessibility) Regulation 2005

Passenger Transport (Taxi-cab Services) Amendment

(Wheelchair Accessibility) Regulation 2005

under the

Passenger Transport Act 1990

1      Name of Regulation

This Regulation is the Passenger Transport (Taxi-cab Services)
Amendment (Wheelchair Accessibility) Regulation 2005.

2      Commencement

This Regulation commences on 1 August 2005.

3 Amendment of Passenger Transport (Taxi-cab Services) Regulation 2001

The Passenger Transport (Taxi-cab Services) Regulation 2001 is amended as set out in Schedule 1.

Passenger Transport (Taxi-cab Services) Amendment (Wheelchair	2005 No 364
Accessibility) Regulation 2005
Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 8 Wheelchair accessible taxi-cabs

Insert at the end of clause 8 (c):

, and

(d)	is fitted with a hoist, or is equipped with a ramp (at all times), that allows safe access to the taxi-cab by a person using a wheelchair, and
(e)	carries wheelchair restraints (at all times) that enable the maximum number of occupied wheelchairs that the taxi-cab is capable of conveying to be safely and securely attached to the taxi-cab.

[2]      Clause 24 Stand-by taxi-cabs

Omit “clause 8 (a)–(c)” from clause 24 (5). Insert instead “clause 8 (a)–(e)”.

[3]      Clause 25 Taxi-cabs to comply with on-road standards when inspected

Insert before paragraph (a):

(aa)

if the taxi-cab is a wheelchair accessible taxi-cab:

(i)	the taxi-cab is fitted with a hoist or is equipped with a ramp as required by clause 8 (d), and
(ii)	the taxi-cab carries wheelchair restraints as required by clause 8 (e), and

[4]      Schedule 2 Penalty notice offences

Insert in appropriate order in Part 2, in columns 1 and 2, respectively:

Clause 8 (d)	$400
Clause 8 (e)	$400

BY AUTHORITY