Road Transport (Public Passenger Services) Amendment Regulation 2012 (No 1) (ACT)

Road Transport (Public Passenger Services) Amendment Regulation 2012 (No 1)

Subordinate Law SL2012-1

The Australian Capital Territory Executive makes the following regulation under the Road Transport (Public Passenger Services) Act 2001 and the Road Transport (General) Act 1999

Dated 6 January 2012.

Andrew Barr

Minister

Joy Burch

Minister

Road Transport (Public Passenger Services) Amendment Regulation 2012 (No 1)

Subordinate Law SL2012-1

made under the

Road Transport (Public Passenger Services) Act 2001 and the Road Transport (General) Act 1999

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            New division 4.3.4A  2

5            Dictionary, new definitions  5

6            Dictionary, definition of taxi service  5

7Road Transport (General) Regulation 2000, schedule 1, part 1.8, new items 24A and 24B 5

1. Name of regulation

   This regulation is the Road Transport (Public Passenger Services) Amendment Regulation 2012 (No 1).

2. Commencement

   This regulation commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This regulation amends the Road Transport (Public Passenger Services) Regulation 2002.

   NoteThis regulation also amends the Road Transport (General) Regulation 2000.

4. New division 4.3.4A

   insert

Division 4.3.4A        Independent taxi services

154AObject—div 4.3.4A

The object of this division is to allow the temporary provision of taxi services by certain accredited operators of taxi services who are not affiliated with an accredited taxi network (the ITO pilot), for the purpose of evaluating—

(a)whether provision of the services contributes to improved taxi services; and

(b)other matters relating to the operation of taxi services.

154BWhat is the ITO pilot period?

The ITO pilot period is the 3-year period beginning on the day this division commences.

154CEligibility criteria

(1)The road transport authority may approve eligibility criteria for the ITO pilot.

(2)An approval is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

154DITO pilot—application to participate

An accredited operator of a taxi service may apply to the road transport authority for approval to participate in the ITO pilot.

NoteIf a form is approved under the Road Transport (General) Act 1999, s 225 for this provision, the form must be used.

154EITO pilot—decision on application

(1)On application under section 154D, the road transport authority must approve, or refuse to approve, the application.

(2)The road transport authority may approve the application only if the authority is satisfied, on reasonable grounds, that the applicant—

(a)meets any eligibility criteria approved by the authority for the ITO pilot; and

(b)complies with the approved minimum service standards for independent taxi services.

(3)The road transport authority must give the applicant written notice of its decision on the application.

154FExemption for ITO pilot participants—Act, s 128 (1) (b)

(1)The road transport authority may exempt an ITO pilot participant from the following provisions in the ITO pilot period:

(a)the Act, section 51 (c) (Entitlement to operate taxi services);

(b)the Act, section 54 (Taxi service operators to be affiliated with taxi network);

(c)section 101 (1) and (2) (Arrangements with taxi networks).

(2)An exemption is subject to the condition that the ITO pilot participant complies with the requirements of the approved minimum service standards for independent taxi services.

(3)The road transport authority may end an exemption if it is satisfied on reasonable grounds that the ITO pilot participant has failed to comply with a requirement of either of the following:

(a)the approved minimum service standards for independent taxi services;

(b)the road transport legislation (other than the legislation mentioned in subsection (1)).

Note 1Road transport legislation—see the Road Transport (General) Act 1999, dictionary.

Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any notifiable instruments (see Legislation Act, s 104).

(4)If the road transport authority decides to end an exemption, the authority must give the ITO participant written notice stating—

(a)that the authority has decided to end the exemption; and

(b)the grounds for ending the exemption; and

(c)that the exemption ends when the notice is given to the ITO participant; and

(d)any additional information the road transport authority considers appropriate.

Note 1For how documents may be given, see the Legislation Act, pt 19.5.

Note 2For when a posted notice is taken to be given, see the Road Transport (General) Regulation 2000, s 9B.

(5)In this section:

ITO pilot participant means an accredited operator of a taxi service approved under section 154E to participate in the ITO pilot.

154GReview—div 4.3.4A

The road transport authority must, before the expiry of this division—

(a)review the operation of this division; and

(b)give the Minister a report of the review.

154HExpiry—div 4.3.4A

This division expires 3 years after the day it commences.

1. Dictionary, new definitions

   insert

   ITO pilot, for division 4.3.4A (Independent taxi services)—see section 154A.

   ITO pilot period, for division 4.3.4A (Independent taxi services)—see section 154B.

2. Dictionary, definition of taxi service

   substitute

   taxi service—see the Act, section 47.

3. Road Transport (General) Regulation 2000, schedule 1, part 1.8, new items 24A and 24B

   insert

24A	154E (1)	road transport authority—refuse to approve application to participate in ITO pilot
24B	154F (3)	road transport authority—end an exemption

Endnotes

1. Notification

   Notified under the Legislation Act on 19 January 2012.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2012