Private Hire Car Regulations 1992 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

private hire car regulations 1992

As in force at 25 May 2022

Table of provisions northern territory of australia

northern territory of australia

As in force at 25 May 2022

PRIVATE HIRE CAR regulations 1992

Regulations under the Commercial Passenger (Road) Transport Act 1991

Part 1Preliminary 1Citation

These regulations may be cited as the Private Hire Car Regulations 1992.

2Commencement

These regulations shall come into operation on the commencement of the Commercial Passenger (Road) Transport Act 1991.

3Interpretation

In these regulations unless the contrary intention appears:

driver means the person driving or in charge of a private hire car.

operator means a person who operates a private hire car otherwise than only as a driver.

public place includes any place to which the public are admitted on payment of a fee or charge.

Part 2Operators and drivers 4Operator to maintain records
  • (1)

    The operator of a private hire car must make a written record of:

    • (a)

      the dates and times during which the private hire car is operated for the carriage of passengers;

    • (b)

      the full name and residential address of the driver of the private hire car during those periods and the number of the driver’s licence issued to him or her under the Motor Vehicles Act 1949;

    • (c)

      every booking and hiring made by the private hire car; and

    • (d)

      any other matter that the Director requires as a condition of the operator’s licence.

    Maximum penalty:          60 penalty units.

  • (2)

    The operator of a private hire car must ensure that the record mentioned in subregulation (1):

    • (a)

      is kept in a safe place at the principal place of business of the operator; and

    • (b)

      is produced whenever required by an inspector.

    Maximum penalty:          60 penalty units.

5Hiring to be pre-booked unless from a rank or approved

A driver must not use a private hire car for a hiring unless:

  • (a)

    the journey is pre-booked with the operator;

  • (b)

    the journey is pre-booked with the driver or by a passenger in the private hire car;

  • (c)

    the private hire car is parked or standing in accordance with section 37B(1) of the Act; or

  • (d)

    the hiring is approved by the Director.

6Operator or driver not required to accept hiring except at a rank
  • (1)

    An operator is not compelled to accept a hiring.

  • (2)

    A driver is not compelled to accept a hiring over the driver’s mobile telephone or from a passenger in the private hire car.

  • (3)

    A driver must accept a hiring if the private hire car is parked or standing in accordance with section 37B(1) of the Act unless the prospective passenger:

    • (a)

      appears to be suffering from an infectious disease;

    • (b)

      appears to be under the influence of drugs or intoxicating liquor;

    • (c)

      is likely to soil or damage the private hire car;

    • (d)

      is likely to cause a nuisance in the private hire car;

    • (e)

      is carrying something that is likely to cause inconvenience to the driver or passengers;

    • (f)

      is smoking;

    • (g)

      is consuming intoxicating liquor; or

    • (h)

      is using profane or objectionable language.

    6AAgreement in relation to private hire car fares

    Before a journey by a private hire car is commenced, the owner or driver of the private hire car must advise the hirer of the amount of the fare for the hiring, including any charge for the conveyance of luggage or goods, and the fare for that hiring is to be that amount or a lesser amount agreed between the hirer and the owner or driver.

7No touting

A person shall not tout or solicit for passengers for a private hire car.

9Parking of private hire cars
  • (1)

    A driver shall not park or stand a private hire car on a road or a public place or on a lot off a road or public place unless the parking or standing is for the purposes of:

    • (a)

      picking up or setting down passengers;

    • (b)

      waiting under the instructions of a passenger; or

    • (c)

      by direction or with the consent of an inspector,

    but only if the parking or standing of the private hire car is otherwise lawful.

  • (2)

    Subregulation (1) does not apply if the private hire car is:

    • (a)

      parked on a lot approved in relation to the private hire car by the Director; or

    • (b)

      parked or standing in accordance with section 37B(1) of the Act.

    11Purchase of intoxicating liquor
  • (1)

    An operator or a driver of a private hire car shall not accept a hiring under which the driver of the hire car is required to purchase intoxicating liquor for or on behalf of another person whether or not that other person is a passenger.

  • (2)

    The driver of a private hire car shall not in the course of a hiring purchase intoxicating liquor for or on behalf of a passenger.

11AIdentity card or approved form of identificatioin
  • (1)

    For section 74 of the Act, a private hire car is a prescribed class of commercial passenger vehicle.

  • (2)

    An identity card issued under section 74(1)(a) of the Act to a driver is to:

    • (a)

      display the name of the driver;

    • (b)

      display a recent photograph of the driver;

    • (c)

      specify the expiry date of the card; and

    • (d)

      indicate that the holder of the card is authorised to drive a private hire car.

  • (3)

    A driver must display the driver’s identity card mentioned in subregulation (2) or other form of identification approved by the Director under section 74(10) of the Act in a conspicuous place in a private hire car while driving the private hire car.

    Maximum penalty:          30 penalty units.

Part 3Miscellaneous 12Operator to supply information
  • (1)

    The operator of a private hire car shall whenever requested by the Director to do so furnish to the Director within the time specified by the Director full and correct information of any details specified in the request relating to journeys undertaken by the private hire car.

  • (2)

    A person who refuses or fails to comply with a request made under subregulation (1) commits an offence.

    Maximum penalty:          60 penalty units.

14Fees

The fees set out in the Schedule are payable in relation to the matters specified in that Schedule.

15Offences

A person who contravenes or fails to comply with any of the provisions of these regulations commits an offence.

Maximum penalty:          25 penalty units.

ScheduleFees

regulation 14

$

Annual fee for a private hire car licence

300

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Private Hire Car Regulations (SL No. 57, 1992)

Notified

21 October 1992

Commenced

27 October 1992 (r 2, s 2 Commercial Passenger (Road) Transport Act 1991 (No. 34, 1991) and Gaz G42, 21 October 1992, p 2)

Amendments of Private Hire Car Regulations (SL No. 58, 1998)

Notified

23 December 1998

Commenced

1 January 1999 (r 1 and s 2 Commercial Passenger (Road) Transport Amendment Act 1998 (Act No. 83, 1998))

Amendments of Private Hire Car Regulations (SL No. 40, 2003)

Notified

1 August 2003

Commenced

1 August 2003 (r 1, s 2 Commercial Passenger (Road) Transport Amendment Act (No. 2) 2003 (Act No. 40, 2003) and Gaz G30, 30 July 2003, p 13)

Fees and Charges (Transport) Amendment Regulations 2012 (SL No. 45, 2012)

Notified

14 December 2012

Commenced

1 January 2013 (r 2)

Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)

Assent date

12 July 2013

Commenced

28 August 2013 (Gaz G35, 28 August 2013, p 2)

Commercial Passenger Vehicle Legislation Amendment Regulations2017 (SL No. 34, 2017)

Notified

29 November 2017

Commenced

1 December 2017 (r 2)

Ridesharing Regulations (SL No. 35, 2017)

Notified

29 November 2017

Commenced

pts 5 and 6: 1 February 2018; rem: 1 December 2017 (r 2)

Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5, 2022)

Assent date

14 April 2022

Commenced

pt 7: nc; rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2 and 4.

  • 4

    LIST OF AMENDMENTS

r 4                     amd No. 58, 1998, r 2; No. 34, 2017, r 51

r 4A                   ins No. 58, 1998, r 3

rep No. 34, 2017, r 52

r 5                     sub No. 40, 2003, r 3

amd No. 34, 2017, r 53

r 6                     sub No. 40, 2003, r 3

r 6A                   ins No. 34, 2017, r 54

r 8                     sub No. 40, 2003, r 4

rep No. 34, 2017, r 55

r 9                     amd No. 40, 2003, r 5

r 10                    rep No. 34, 2017, r 55

r 11A                 ins No. 40, 2003, r 6

amd No. 34, 2017, r 56; Act No. 5, 2022, s 73

r 12                    amd No. 34, 2017, r 57

r 13                    amd No. 34, 2017, r 58

r 15                    amd Act No. 23, 2013, s 4

sch                    sub No. 58, 1998, r 4; No. 40, 2003, r 7; No. 45, 2012, r 12

amd No. 34, 2017, r 59; No. 35, 2017, r 32

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