Road Transport (Hire Vehicle Services) Regulation 2000 (ACT)
Road Transport (Hire Vehicle Services) Regulation 2000 (repealed)
SL2000-4
made under the
Road Transport (General) Act 1999
Republication No 4
Effective: 10 March 2005
Republication date: 10 March 2005
As repealed by SL2005-4 s 18
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Road Transport (Hire Vehicle Services) Regulation 2000 (repealed), made under the Road Transport (General) Act 1999, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 10 March 2005.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Road Transport (Hire Vehicle Services) Regulation 2000 (repealed)
made under the
Road Transport (General) Act 1999
Contents
Page
Part 1Preliminary
Name of regulation 2
Dictionary 2
Notes 2
Part 2Operation of hire vehicle services
Division 2.1Hire vehicle operators
Condition of hire vehicles (NSW Reg cl 5) 4
Notification of change in licence particulars (NSW Reg cl 6) 4
Noncompliance notices (NSW Reg cl 7) 4
Driver to hold appropriate driver licence (NSW Reg cl 8 (1)) 5
Records of drivers to be made (NSW Reg cl 8 (2)) 5
Records about operation of hire vehicle to be kept etc (NSW Reg cl 9) 5
Division 2.2Hire vehicle drivers
Condition of hire vehicles (NSW Reg cl 12) 6
Noncompliance notices (NSW Reg cl 13) 6
Transport of goods (NSW Reg cl 14) 7
Behaviour of drivers (NSW Reg cl 15) 7
Dress and conduct of drivers (NSW Reg cl 16) 7
Part 3Hire vehicle hirings
Way in which hiring to be carried out (NSW Reg cl 17 (1), (3)) 8
Where hire vehicle driver must stop on a road (NSW Reg cl 17 (2)) 8
Ending of hiring by hirer (NSW Reg cl 18) 8
Extra passengers (NSW Reg cl 17) 8
Fares not to be charged for avoidable delays (NSW Reg cl 17) 9
Payment of fares for hiring hire vehicles (NSW Reg cl 20A) 9
Part 4Conduct of passengers
Offensive behaviour or language (NSW Reg cl 21) 10
Soiled clothing etc (NSW Reg cl 23) 10
Intoxicated passengers (NSW Reg cl 24) 11
Offender to get out of vehicle when directed (NSW Reg cl 25) 11
Removal of people from vehicles (NSW Reg cl 26) 11
Lost property (NSW Reg cl 27) 11
Part 5Enforcement
Purpose of powers under pt 5 (NSW s 42 (1)) 12
Power to require records or information (NSW s 42 (1), sch 1 cl 1) 12
Power to inspect and test vehicles (NSW s 42 (5) (a), sch 1 cl 4, cl 5) 13
Power to require vehicles or equipment to be inspected and tested (NSW s 42 (5) (b), sch 1 cl 6) 14
Part 6Miscellaneous
Noncompliance notices (NSW Reg cl 28) 15
Police officer or authorised person may require name and address (NSW Reg cl 35) 15
Dictionary17
Endnotes
About the endnotes 19
Abbreviation key 19
Legislation history 20
Amendment history 20
Earlier republications 21
Road Transport (Hire Vehicle Services) Regulation 2000 (repealed)
made under the
Road Transport (General) Act 1999
Part 1Preliminary
Name of regulation
This regulation is the Road Transport (Hire Vehicle Services) Regulation 2000.
Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation or elsewhere in the road transport legislation.
For example, the signpost definition ‘public vehicle licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.’ means that the term ‘public vehicle licence’ is defined in that dictionary and the definition applies to this regulation.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
(1)A note included in this regulation is explanatory and is not part of this regulation.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
(2)In this section:
note includes material enclosed in brackets in section headings.
NoteFor comparison, a number of sections of this regulation contain bracketed notes in their headings drawing attention to equivalent or comparable (though not necessarily identical) provisions of other legislation. Abbreviations in the notes include the following:
· NSW: Passenger Transport Act 1990 (NSW)
· NSW Reg: Passenger Transport (Private Hire Vehicle Services) Regulation 1995 (NSW).
Part 2Operation of hire vehicle services
Division 2.1 Hire vehicle operators
Condition of hire vehicles (NSW Reg cl 5)
(1)The operator of a hire vehicle must ensure that, while the vehicle is operating as a hire vehicle, its interior, exterior and fittings are clean, undamaged and in good repair.
Maximum penalty: 10 penalty units.
(2)In this section:
exterior, of the hire vehicle, includes the body, door panels, bumper bars, trim and wheels of the vehicle.
interior, of the hire vehicle, includes the interior of the boot of the vehicle.
Notification of change in licence particulars (NSW Reg cl 6)
If a change happens in a particular mentioned in a hire vehicle operator’s licence, the holder of the licence must give written notice of the change to the road transport authority as soon as practicable (but within 14 days).
Maximum penalty: 10 penalty units.
Noncompliance notices (NSW Reg cl 7)
(1)If a noncompliance notice has been attached to a hire vehicle and has not been removed in accordance with this regulation, the operator of the vehicle must not allow the vehicle to operate as a hire vehicle—
(a)after the expiry time of the notice; or
(b)if the operator knows the notice has been removed otherwise than in accordance with this regulation.
Maximum penalty: 20 penalty units.
NoteSection 32 deals with the attachment and removal of noncompliance notices.
(2)Subsection (1) (b) ceases to apply to the hire vehicle in relation to the noncompliance notice if a police officer or authorised person directs in writing that the notice be taken to have been removed under section 32 (3).
Driver to hold appropriate driver licence (NSW Reg cl 8 (1))
The operator of a hire vehicle must not allow someone to drive the vehicle while it is operating as a hire vehicle unless satisfied that the person is the holder of a public vehicle licence authorising the person to drive the vehicle for hire or reward.
Maximum penalty: 20 penalty units.
Records of drivers to be made (NSW Reg cl 8 (2))
The operator of a hire vehicle must make a written record of the following particulars for each person who drives the vehicle while it is operating as a hire vehicle:
(a)the person’s full name and home address;
(b)the dates and times when the vehicle was driven by the person.
Maximum penalty: 10 penalty units.
Records about operation of hire vehicle to be kept etc (NSW Reg cl 9)
A person who is or has been the operator of a hire vehicle—
(a)must keep any record required to be made by the person under the Act for at least 2 years after the making of the last entry in it; and
(b)must produce it for inspection when required by a police officer or authorised person; and
(c)must produce it to the road transport authority for inspection when required, in writing, by the authority.
Maximum penalty: 10 penalty units.
Division 2.2 Hire vehicle drivers
Condition of hire vehicles (NSW Reg cl 12)
The driver of a hire vehicle must not operate the vehicle as a hire vehicle unless it is clean and tidy.
Maximum penalty: 5 penalty units.
Noncompliance notices (NSW Reg cl 13)
(1)If a noncompliance notice has been attached to a hire vehicle and has not been removed in accordance with this regulation, a person must not operate the hire vehicle as a hire vehicle—
(a)after the expiry time of the notice; or
(b)if the person knows the notice has been removed otherwise than in accordance with this regulation.
Maximum penalty: 20 penalty units.
NoteSection 32 deals with the attachment and removal of noncompliance notices.
(2)Subsection (1) (b) ceases to apply to the hire vehicle in relation to the noncompliance notice if a police officer or authorised person directs in writing that the notice be taken to have been removed under section 32 (3).
Transport of goods (NSW Reg cl 14)
(1)The driver of a hire vehicle must not allow anyone to place or carry in the vehicle something that, because of its size or dimensions, cannot be carried in the vehicle without inconvenience to someone else.
Maximum penalty: 5 penalty units.
(2)Subsection (1) does not apply to anything used by a person with a disability to alleviate the effect of the disability.
Behaviour of drivers (NSW Reg cl 15)
The driver of a hire vehicle must not do the following:
(a)solicit for passengers or for a hiring;
(b)move the vehicle while a door is open;
(c)start the vehicle in a way that subjects a passenger or intending passenger to unnecessary risk of injury.
Maximum penalty: 5 penalty units.
NoteThe driver of a hire vehicle may not smoke in a taxi (see Smoke-free Areas (Enclosed Public Places) Act 1994).
Dress and conduct of drivers (NSW Reg cl 16)
The driver of a hire vehicle must—
(a)be clean and tidy and wear clean and respectable clothes; and
(b)behave in an orderly way and with politeness and propriety towards every passenger, intending passenger, police officer or authorised person; and
(c)comply with every reasonable request of a passenger.
Maximum penalty: 5 penalty units.
Part 3Hire vehicle hirings
Way in which hiring to be carried out (NSW Reg cl 17 (1), (3))
(1)The driver of a hire vehicle—
(a)must not fail to carry out promptly any hiring accepted; and
(b)must drive the vehicle by the shortest practicable route to any place stated by the hirer, unless the hirer asks that the vehicle be driven to the place by another route.
Maximum penalty: 5 penalty units.
(2)The driver of a hire vehicle may refuse to stop the vehicle at a place where stopping the vehicle would be unlawful or, in the driver’s opinion, unsafe.
Where hire vehicle driver must stop on a road (NSW Reg cl 17 (2))
If the driver of a hire vehicle stops on a road to drop off or pick up a passenger, the driver must stop parallel to, and as close as practicable to, the side of the road.
Maximum penalty: 5 penalty units.
Ending of hiring by hirer (NSW Reg cl 18)
The hirer of a hire vehicle may discharge the hire at any time.
Extra passengers (NSW Reg cl 17)
The driver of a hire vehicle must not allow someone to travel in the vehicle without the hirer’s agreement.
Maximum penalty: 5 penalty units.
Fares not to be charged for avoidable delays (NSW Reg cl 17)
The driver of a hire vehicle must not ask for payment of a charge for a period when the vehicle is delayed because of—
(a)a shortage of fuel or an accident to the tyres, mechanism or any other part of the vehicle; or
(b)anything that the driver could have prevented.
Maximum penalty: 5 penalty units.
Payment of fares for hiring hire vehicles (NSW Reg cl 20A)
(1)The hirer of a hire vehicle must, after the end of the hiring, pay the driver of the vehicle the fare for the hiring.
Maximum penalty: 5 penalty units.
(2)The fare cannot be more than the amount the hirer was told before the hiring.
(3)However, if a person has entered into an arrangement with an operator in relation to the ongoing hire of 1 or more hire vehicles, the person must pay the fare or fares in accordance with the arrangement.
(4)In this section:
fare means the amount charged for the hiring of a hire vehicle, and includes any amount charged to carry goods.
Part 4Conduct of passengers
Offensive behaviour or language (NSW Reg cl 21)
A person must not, in a hire vehicle—
(a)behave in an offensive way; or
(b)use offensive language; or
(c)eat or drink except with the agreement of the driver of the hire vehicle.
Maximum penalty: 5 penalty units.
NoteA person is not allowed to smoke in a taxi (see Smoke-free Areas (Enclosed Public Places) 1994).
Soiled clothing etc (NSW Reg cl 23)
(1)The driver of a hire vehicle, a police officer or an authorised person may direct a person not to get into, or to get out of, a hire vehicle if the driver, police officer or authorised person believes on reasonable grounds that—
(a)the person’s clothing or goods (or anything else on or carried by the person) may soil or damage the hire vehicle or the clothing or goods of another passenger; or
(b)any of the person’s goods cannot, because of their size or dimensions, be carried in the hire vehicle without inconvenience to another passenger.
(2)Subsection (1) (b) does not apply to anything used by a person with a disability to alleviate the effect of the disability.
(3)A person must not fail to comply with a direction under this section.
Maximum penalty: 5 penalty units.
Intoxicated passengers (NSW Reg cl 24)
(1)The driver of a hire vehicle, a police officer or an authorised person may direct a person not to get into, or to get out of, the hire vehicle if the driver, police officer or authorised person believes on reasonable grounds that the person—
(a)is under the influence of alcohol or another drug; and
(b)is causing, or is likely to cause, a nuisance or annoyance to another passenger.
(2)A person must not fail to comply with a direction under this section.
Maximum penalty: 5 penalty units.
Offender to get out of vehicle when directed (NSW Reg cl 25)
(1)The driver of a hire vehicle, a police officer or an authorised person may direct a person to get out of the vehicle if the driver, police officer or authorised person believes on reasonable grounds that the person is committing an offence against this part.
(2)A person must not fail to comply with a direction under this section.
Maximum penalty: 5 penalty units.
Removal of people from vehicles (NSW Reg cl 26)
A person who fails to comply with a direction under this part to get out of a hire vehicle may be removed from the vehicle by a police officer.
Lost property (NSW Reg cl 27)
A person who finds something in a hire vehicle must return it to its owner or give it to the driver of the hire vehicle.
Maximum penalty: 5 penalty units.
Part 5Enforcement
Purpose of powers under pt 5 (NSW s 42 (1))
The powers under this part may be exercised by a police officer or authorised person to decide whether there has been compliance with or a contravention of—
(a)the Act, part 9 (Public vehicles) or this regulation; or
(b)the conditions of a licence or exemption issued or given under the Act, part 9 or the section.
Power to require records or information (NSW s 42 (1), sch 1 cl 1)
(1)A police officer or authorised person may, by written notice, require a person to provide records or information within the reasonable time stated in the notice.
(2)The notice may only require a person to provide records that are in the person’s possession or are within the person’s power to obtain lawfully.
(3)The police officer or authorised person may take copies of any record provided in response to the notice.
(4)A record required by a notice must be provided in written form unless the notice provides otherwise.
(5)A person must not, without reasonable excuse, fail to comply with a notice under this section.
Maximum penalty: 20 penalty units.
Power to inspect and test vehicles (NSW s 42 (5) (a), sch 1 cl 4, cl 5)
(1)A police officer or authorised person may inspect a hire vehicle, or any other vehicle that the police officer or authorised person believes on reasonable grounds is operating, or has operated, as a hire vehicle, and may inspect and test its equipment and fittings.
(2)Without limiting subsection (1), the police officer or authorised person may, for that subsection, do 1 or more of the following:
(a)request or signal the driver of the vehicle to stop the vehicle;
(b)get into and remain in the vehicle;
(c)operate the vehicle and any of its equipment;
(d)request the driver to give the police officer or authorised person any information the police officer or authorised person reasonably requires to inspect or test the vehicle;
(e)request the driver to do anything else the police officer or authorised person reasonably requires to inspect or test the vehicle.
(3)If a vehicle is stopped because of a request or signal under subsection (2) (a), any inspection or testing of the vehicle must be carried out—
(a)at, or as near as practicable to, the place where the request or signal is made or given; and
(b)as soon as practicable, and in any case within 1 hour after the vehicle is stopped.
(4)A person must not, without reasonable excuse, fail to comply with a request or signal made or given by a police officer or authorised person under this section.
Maximum penalty (for subsection (4)): 20 penalty units.
Power to require vehicles or equipment to be inspected and tested (NSW s 42 (5) (b), sch 1 cl 6)
(1)A police officer or authorised person may, by written notice given to the responsible person for a vehicle that is a hire vehicle or that the police officer or authorised person believes on reasonable grounds is operating, or has operated, as a hire vehicle, require the person to have the vehicle and its equipment and fittings (or stated equipment) inspected or tested.
(2)The notice may require any of the following:
(a)the inspection and testing to be carried out within or at a stated reasonable time;
(b)the inspection and testing to be carried out by or in the presence of a police officer, an authorised person or anyone else;
(c)the inspection and testing to be carried out at a stated reasonable place;
(d)a report of the inspection and testing to be given to a police officer or authorised person within a stated reasonable time;
(e)anything else reasonably necessary or convenient for the inspection and testing.
(3)A person must not, without reasonable excuse, fail to comply with a notice given to the person under this section.
Maximum penalty (for subsection (3)): 20 penalty units.
Part 6Miscellaneous
Noncompliance notices (NSW Reg cl 28)
(1)A police officer or authorised person, or a person inspecting and testing a vehicle under part 5 (Enforcement), may attach a notice (a noncompliance notice) to the vehicle if it appears to the officer or person that the vehicle or its equipment or fittings do not comply with this regulation.
(2)The notice must state—
(a)the action necessary to be taken for the vehicle, equipment or fittings to comply with this regulation; and
(b)an expiry time after which the vehicle must not be operated as a hire vehicle unless the notice has been removed by a police officer or authorised person.
(3)A police officer or authorised person may remove the noncompliance notice from the hire vehicle, or direct in writing that it be taken to have been removed, if satisfied on inspection and testing of the vehicle or its equipment or fittings that the necessary action mentioned in the notice has been taken.
(4)A person, other than a police officer or authorised person, must not remove a noncompliance notice from a vehicle.
Maximum penalty (for subsection (4)): 20 penalty units.
Police officer or authorised person may require name and address (NSW Reg cl 35)
(1)If a police officer or authorised person suspects on reasonable grounds that a person has contravened this regulation, the police officer or authorised person may require the person to state his or her name and home address.
(2)A person must not—
(a) without reasonable excuse, fail to state his or her name or home address when required to do so under subsection (1); or
(b) state a false name or home address in purported compliance with a requirement under that subsection.
Maximum penalty: 10 penalty units.
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
· fail
· police officer.
Note 3Terms used in this regulation have the same meaning that they have in the Road Transport (General) Act 1999 (see Legislation Act, s 148.) For example, the following terms are defined in the Road Transport (General) Act 1999, dict:
· authorised person
· home address
· private hire car (see s 100)
· responsible person (see s 10 and s 11)
· restricted hire vehicle (see s 100).
drive a hire vehicle includes stop or park the vehicle.
driver, of a hire vehicle, means the person driving the vehicle if the person holds a public vehicle licence authorising the person to drive the vehicle for hire or reward.
fittings, of a vehicle, includes the seats, seat covers and floor coverings of the vehicle.
hire vehicle means a private hire car or a restricted hire vehicle.
in a hire vehicle includes on the vehicle.
inspect a vehicle includes observe the performance of the vehicle or any of its equipment, with or without the use of instruments.
noncompliance notice—see section 32.
operate a hire vehicle includes drive the vehicle.
operator, for a hire vehicle, means the person to whom a private hire car operator’s licence or a restricted hire vehicle operator’s licence has been issued for the vehicle.
private hire car operator’s licence—see the Act, section 120 (1).
public vehicle licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
This regulation was originally the Road Transport (Hire Vehicle Services) Regulations 2000. It was renamed under the Legislation Act 2001.
Road Transport (Hire Vehicle Services) Regulation 2000 No 4
notified 29 February 2000 (Gaz 2000 No S6)
s 1, s 2 commenced 29 February 2000 (IA s 10B)
remainder commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)as amended by
Road Transport Legislation Amendment Act 2001 No 27 sch 4
notified 24 May 2001 (Gaz 2001 No 21)
s 1, s 2 commenced 24 May 2001 (IA s 10B)
sch 4 commenced 24 May 2001 (s 2)Legislation (Consequential Amendments) Act 2001 No 44 pt 343
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 343 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)as repealed by
Road Transport Legislation (Hire Cars) Amendment Regulation 2005 (No 1) SL2005-4 s 18
notified LR 7 March 2005
s 1, s 2 commenced 7 March 2005 (LA s 75 (1))s 18 commenced 9 March 2005 (s 2 and see Road Transport (Public Passenger Services) (Hire Cars) Amendment Act 2004 A2004-69, s 2 and LA s 79)
Amendment history
Name of regulation
s 1am R3 LA
Commencement
s 2om Act 2001 No 27 amdt 4.14
Dictionary
s 3am 2001 No 44 amdt 1.3770
Notes
s 4am 2001 No 44 amdt 1.3771
Dictionary
dictdef authorised person om R3 LA
def home address om R3 LA
def private hire car om R3 LA
def responsible person om R3 LA
def restricted hire vehicle om R3 LA
def restricted hire vehicle operator’s licence om R3 LA
def road om R3 LA
def road transport authority om R3 LA
def the Act om 2001 No 44 amdt 1.3772
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 not amended 1 March 2000 2 A2001-44 12 September 2001 3 A2001-44 3 November 2004
0
0
0