Taxi Amendment Regulations 2011 (WA)

7 ,June 2011 GOVERNMENT GAZETTE, WA 2057

TRANSPORT

Taxi Act 1994

Taxi Amendment Regulations 2011

Made by the Lieutenant-Governor and Administrator in Executive
Council.

1.            Citation

These regulations are the Taxi Amendment Regulations 2011.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 1 July 2011.

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3.             Regulations amended

These regulations amend the Taxi Regulations /995.

4.             Regulation 3 amended

In regulation 3 insert in alphabetical order:

appro ved person means a person who is approved for
the purposes of the provision in which the term is used;
camera surveillance unit means an approved device
that takes visual or audio-visual recordings;

5.             Regulation 13B replaced

Delete regulation 13B and insert:

13B. Requirements relating to camera surveillance units
in taxis

(1) A person must not operate a vehicle as a taxi at any

time (the relevant time) unless -

(a)	a camera surveillance unit has been installed in the vehicle in an approved manner by an approved person; and
(b)

a certificate has been given under respect of the camera surveillance unit within 12 months before the relevant time; and

(c) the camera surveillance unit -

(i)     subject to subregulation (2), was first installed in the vehicle or in any other vehicle within 5 years before the

relevant time; and

(ii)      is in the same position as it was when installed in the vehicle in the approved manner; and

(iii)      is in proper working order; and

(iv)      is in operation in the vehicle whenever the vehicle is in use as a taxi.

(2) Subregulation (1)(c)(i) applies to a camera surveillance

unit that is first installed on or after 1 July 2011 in a
vehicle operated as a taxi.

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(3) If an authorised officer is of the opinion that a vehicle

operated as a taxi does not comply with the

requirements of subregulation (1), the officer may -

(a) by notice in writing, direct the plate holder or

the operator -

(i)     to remedy any defect that relates to the camera surveillance unit in the vehicle, as specified in the notice; and

(ii)     to have the vehicle inspected at a specified place by an approved person or an authorised officer,

within the period specified in the notice; and

(b) by attaching a copy of the notice to the vehicle,

prohibit the continued operation of the vehicle
as a taxi until-

(i)     it has been inspected by an approved person or an authorised officer and the camera surveillance unit found to be in a satisfactory condition; and

(ii)     the approved person or authorised officer has removed the notice from the vehicle.

(4) A person must not operate a vehicle as a taxi unless an approved sign stating that a camera surveillance unit is in operation in the vehicle is displayed at an approved place on each door of the vehicle.

13C. Requirements relating to regulation 13 B(3)

(1) A person given a direction under

regulation 1313(3)(a) -

(a)	must comply with the direction; and
(b)	must rectify any defect relating to the camera
surveillance unit in the vehicle that is found
during an inspection by an approved person or an authorised officer.

(2) A person other than an approved person or an

authorised officer must not remove, interfere with or
destroy a notice attached to a vehicle under

regulation 1 3B(3)(b).

(3) A person must not operate a vehicle as a taxi while the

vehicle is subject to a prohibition under

regulation 1 3B(3)(b).

13D. Approved persons to install, remove and service
camera surveillance units in taxis

(1) In this regulation -

service includes repair, maintain, adjust, modify,
inspect and test.

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(2) A person other than an approved person must not -

(a)	install a camera surveillance unit in a vehicle operated as a taxi; or
(b)	remove a camera surveillance unit from a vehicle operated as a taxi; or
(c)	service a camera surveillance unit installed in a vehicle operated as a taxi.

13E.	Downloading etc. information stored in camera surveillance units
(1)	A person must not view, download, copy, play, edit or erase any visual or audio-visual recording stored in a camera surveillance unit installed in a vehicle operated as a taxi.
(2)	Subregulation (1) does not apply to -

(a)	an authorised officer; or
(b)	an approved person who is authorised to view, download, copy, play, edit or erase the visual or audio-visual recording by an authorised officer.

13F.	Obstructing and interfering with camera surveillance units
(1)	A person must not obstruct, interfere with or destroy a camera surveillance unit installed in a vehicle operated as a taxi.
(2)	Subregulation (1) does not apply to or in relation to -

(a)	anything done by an approved person in accordance with regulation 131)(2); or
(b)	anything done by an authorised officer or an approved person in accordance with regulation 13E(2).

13G.	Certificate of proper working order for camera surveillance units
(1)	In subregulation (2) - current certificate means a certificate given within 12 months before the certificate is provided to the Director General under that subregulation.
(2)	A person who operates a vehicle as a taxi must provide to the Director General each year, at the approved time and in the approved form, a current certificate given by an approved person certifying that the camera
surveillance unit installed in the vehicle was inspected on the specified date by the approved person and found to be in proper working order.

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(3) An approved person must not state any false or

misleading information in a certificate that is given by

the person for the purposes of this regulation.

13H. 'transitional

(1) In this regulation -

commencement day means the day on which the Taxi Amendment Regulations 2011 regulation 5 comes into operation.

(2) A vehicle operated as a taxi that, immediately before

the commencement day, is required to comply with
conditions imposed by the Director General under
section 20 in relation to a camera surveillance unit
installed in the vehicle is taken to be operated in
compliance with the requirements of
regulation 1313(1)(a), (b) and (c)(ii) if the vehicle

complies with those conditions.

(3) The Director General may publish a notice in the

Gazette stating that subregulation (2) ceases to have effect in relation to a camera surveillance unit of a specified type on and from -

(a)	the day after the day on which the notice is published in the Gazette; or
(b)	any later day specified in the notice.

(4) Subregulation (2) ceases to have effect as stated in a notice under subregulation (3) in relation to a camera surveillance unit of a type specified in the notice.

6.             Regulation 18 amended

In regulation 18(2) delete "or drive".

7.            Schedule 1 amended

(1) In Schedule 1 delete item 25 and insert:

25	Regulation 13B(l)	Offences relating to camera
surveillance unit
requirements 200
26A	Regulation 1313(4)	Failing to display approved
sign 100
26B	Regulation 13C(l)	Failing to comply with
direction or rectify defect 250
26C	Regulation 13C(2)	Unauthorised removal of
notice 250

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26D	Regulation 13C(3)	Operating a taxi subject to
prohibition 250
26E	Regulation 13D(2)	Unauthorised installing,
removing or servicing of
camera surveillance unit 200
26F	Regulation 13E(1)	Unauthorised downloading of information from camera surveillance unit 500
26G	Regulation 13F(1)	Obstructing or interfering with camera surveillance unit 500
26H	Regulation 13G(2)	Failing to provide current
certificate 200
261	Regulation 136(3)	Stating false or misleading
information in certificate 200

(2) In Schedule 1 item 31 delete or driving".

By Command of the Lieutenant-Governor and Administrator,

R. KENNEDY, Clerk of the Executive Council.