Passenger Transport (Vehicle Age Limits) Amendment Regulations 2022 (SA)

South Australia

Passenger Transport (Vehicle Age Limits) Amendment Regulations 2022

under the Passenger Transport Act 1994

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Passenger Transport Regulations 2009

3            Amendment of regulation 3—Interpretation

4            Substitution of regulation 135

135         Maximum age of vehicles

Part 1—Preliminary

1—Short title

These regulations may be cited as the Passenger Transport (Vehicle Age Limits) Amendment Regulations 2022.

2—Commencement

These regulations come into operation on 1 July 2022.

Part 2—Amendment of Passenger Transport Regulations 2009

3—Amendment of regulation 3—Interpretation

1. Regulation 3(1)—before the definition of Act insert:

   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;

2. Regulation 3(1)—before the definition of standby licence insert:

   special vehicle licence means a special vehicle licence under regulation 30;

3. Regulation 3(1)—after the definition of standby taxi insert:

   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);

4—Substitution of regulation 135

Regulation 135—delete the regulation and substitute:

135—Maximum age of vehicles

(1)Subject to subregulation (2), a person must not use a vehicle (other than a vehicle drawn by an animal) for the purposes of a passenger transport service if the vehicle is—

(a)in the case of—

(i)a metropolitan taxi (other than an access taxi); or

(ii)a vehicle being used for the purposes of a service operated under a Small Passenger Vehicle (Metropolitan) Accreditation (other than a motor cycle or an off-road vehicle that is being used wholly or predominantly for travel outside Metropolitan Adelaide),

more than 8 years old; or

(b)in the case of a metropolitan taxi that is an access taxi—more than 10 years old; or

(c)in the case of—

(i)a country taxi; or

(ii)a vehicle being used for the purposes of a service operated under a Small Passenger Vehicle (Traditional) Accreditation; or

(iii)a vehicle being used for the purposes of a service operated under a Small Passenger Vehicle (Non-Metropolitan) Accreditation; or

(iv)a vehicle being used for the purposes of a service operated under a Small Passenger Vehicle (Special Purpose) Accreditation; or

(v)a motor cycle; or

(vi)an off-road vehicle that is being used wholly or predominantly for travel outside Metropolitan Adelaide,

more than 15 years old; or

(d)in any other case—more than 25 years old.

(2)Subject to subregulations (3), (4), (5) and (6), the Minister may approve the use of an older vehicle if—

(a)the Minister is satisfied that—

(i)the vehicle is in a condition that at least equals the original standard or condition of the vehicle; and

(ii)it is an integral part of the person's business that a vehicle or vehicles of the age or period of the particular vehicle be used; and

(iii)the vehicle is suitable for use when assessed against the plan of operation for the relevant service and appropriate standards for passenger safety and service; and

(iv)the vehicle satisfies any other criteria determined by the Minister for the purposes of this paragraph; or

(b)in the case of—

(i)a stretch limousine being used for the purposes of a service operated under a Small Passenger Vehicle (Special Purpose) Accreditation; or

(ii)a vehicle being used wholly or predominantly for a regular passenger service,

the Minister is satisfied that the vehicle meets appropriate standards for passenger safety and comfort determined by the Minister; or

(c)the Minister is satisfied that there are other exceptional circumstances that justifies the approval of the use of an older vehicle.

(3)The Minister cannot grant an approval in relation to a vehicle used (or to be used) for the purposes of a service operated under a Small Passenger Vehicle (Metropolitan) Accreditation.

(4)The Minister cannot grant an approval in relation to a metropolitan taxi (other than an access taxi) unless—

(a)the vehicle is less than 10 years old; and

(b)the Minister is satisfied that there are exceptional circumstances justifying the approval.

(5)The Minister cannot grant an approval in relation to a stretch limousine unless the vehicle is less than 20 years old.

(6)The Minister may, for the purposes of this regulation, specify an age beyond which vehicles of a specified class will not be granted approvals under this regulation.

(7)An approval relating to a metropolitan taxi (other than an access taxi) expires when the vehicle becomes 10 years old.

(8)An approval relating to a stretch limousine expires when the vehicle becomes 20 years old.

Editorial note—

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

Made by the Governor

with the advice and consent of the Executive Council

on 23 June 2022

No 46 of 2022