Taxi Amendment Regulations (No. 2) 2004 (WA)
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TR301*
Taxi Act 1994
Taxi Amendment Regulations (No. 2) 2004
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Taxi Amendment
Regulations (No. 2) 2004.2. The regulations amended
The amendments in these regulations are to the Taxi
Regulations 1995*.
[* Reprinted as at 12 December 1997.
"plying for hire" includes the time spent waiting at a taxi
rank by a driver when a vehicle is being used as ataxi by the driver; For amendments to 23 December 2003 see Western p. 376, and Gazette 30 June 2003.]
3. Regulation 3 amended
Regulation 3 is amended by inserting in the appropriate alphabetical position the following definition
44
2: .January 2004 GOVERNMENT GAZETTE, WA 321 4. Regulation 7 amended
(1) Regulation 7 is amended before "Where" by inserting the
subregulation designation "(1)".(2) At the end of regulation 7 the following subregulation is
inserted -44
(2) The name of the taxi dispatch service involved is to be
included on the fare schedule displayed under this
regulation.
5. Regulation 8 amended
(1) After regulation 8(1) the following subregulation is inserted - (la) A driver shall not select a tariff for a passenger that is
not the appropriate tariff as set Out in the fare schedule
required to be displayed in the taxi under regulation 7.(2) Regulation 8(2a) is amended by deleting "as payment or
part-payment of a fare".(3) After regulation 8(2a) the following subregulations are
inserted -IE
(2b) A driver shall not accept a voucher that contains
information that the driver knows or ought to know to
be false in a material particular.(2c) A person shall not tender a voucher to which they are
not entitled, or that contains information that is false in
a material particular.
6. Regulation 11 amended
Regulation 11 is amended by deleting "route." and inserting instead -
44
route, once the hirer has informed the driver of the
destination.
7. Regulation 13 amended
(1) Regulation 13(1) is amended as follows:
(a) in paragraph (b) after "abusive" by inserting - 46 or aggressive ";
(b) in paragraph (c) after "abusive" by inserting 46
or aggressive ";
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(c) after paragraph (c) by deleting "or"; (d) after paragraph (d) by deleting the full stop and inserting instead - 46 ;or
(e)
after paragraph (d) by inserting the following paragraph -
44
(e) the driver requires the hirer to pay a deposit
under regulation 12, and the hirer does not
pay it.
(2) Regulation 13(2) is amended by inserting after "abusive"- 44 or aggressive, ". (3) After regulation 13(2) the following subregulation is inserted - "
(3) A driver shall not terminate a hiring before reaching
the agreed destination, for reasons other than those set
out in subregulation (2).
8. Regulation 13A amended
(1) Regulation 13A(1) is amended as follows:
(a) by deleting "occasion that -" and inserting instead 44
occasion that the driver commences or completes a period during which he or she is operating the taxi.
(b) by deleting paragraphs (a), (b) and (c).
(2) Regulation 13A(2) is repealed. 9. Regulation 15 replaced
Regulation 15 is repealed and the following regulation is inserted instead -
15. Display of driver identification
A driver shall display an approved identification card,
in the form and manner directed by the Director
General, -
(a)
in a prominent position in the taxi he or she is driving; and
(b)
in a position and in a manner that allows a passenger in the taxi to be able to read it from the front and the back seat.
2: -January 2004 GOVERNMENT GAZETTE, WA 323 10. Regulation 16 amended
(1) Regulation 16 is amended as follows:
(a) by inserting before "A driver" the subregulation designation "(1)"; (b) by inserting after "while engaged as a driver" - 46
or when plying for hire ";
(c) by deleting "if requested," and inserting instead - 46
offer reasonable assistance to ".
(2) At the end of regulation 16 the following subregulation is
inserted -
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(2) A driver shall, while engaged as a driver or when
plying for hire, comply with any lawful and reasonable
request by the hirer relating to the hirer's comfort, if
that request would not interfere with the safe operation
of the taxi.11. Regulation 17B amended
Regulation 1 7B(2) is repealed and the following subregulation is inserted instead -
(2) A driver must wear the approved uniform of—
(a)
the taxi dispatch service shown on the fare schedule required to be displayed under regulation 7; or
(b)
the independent operator whose vehicle the driver is using as a taxi,
at all times while engaged as a driver of a taxi or when
plying for hire.
12. Schedule 1 replaced
Schedule 1 is repealed and the following Schedule inserted instead -
M Schedule 1 - Offences for which infringement notices
may be issued
[r. 22(1)]
Item Section of Act or Description of Offence Modified Regulation Penalty
S
1
Section 15(1)
Owner or driver of vehicle operating as a taxi within a control area without using taxi
plates 500
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Item Section of Act or Description of Offence Modified Regulation Penalty 2 Section 20(2) Failure to comply with conditions imposed under section 20(1), other than conditions relating to driver
standards 250
3 Section 2 1(1) Plate holder failing to ensure that plates used in manner
directed 100 4 Section 2 1(2) Using taxi plates on vehicle
other than taxi 250 5 Section 25(1)
Failure to return taxi plates 150 6 Section 26 Provide or advertise an unregistered taxi dispatch
service 250 7 Section 29(2) Failure to comply with taxi
dispatch service conditions 300 S Section 32(5) Operating taxi the operation of
which prohibited 100 9 Section 32(6) Failure to comply with notice
or rectify defect 300 U Section 36(2) Offences relating to the issue and (5) of receipts and statements
regarding driver bonds 100 11
Section 36(8)
Failure to return driver bond within 14 days of the driver ceasing to be contracted,
engaged or employed 500 12 Regulation 7 Failure to ensure display of
fare schedule 100 13 Regulation 8(1) Charge more than fare shown
on meter 200
14 Regulation 8(la) Selecting a tariff that is not the appropriate tariff as set out in
the fare schedule 200 5 Regulation 8(2)
Failure to accept fare voucher 200 16 Regulation 8(2a) Driver entering false or misleading information on fare
voucher 200 17 Regulation 8(3) Directing driver to contravene
fare regulations 200 18 Regulation 9(2) Offences relating to setting and (3)
and stopping meter 200 19 Regulation 9A Hirer failing to pay fare at termination of hiring or
as agreed 100 20 Regulation 11 Driver failing to use most
economical route 100 23 January 2004 GOVERNMENT GAZETTE, WA 325
Item Section of Act or Description of Offence Modified Regulation Penalty
_ $
21 Regulation 13(1) Driver failing to accept hiring 200 _ 22
Regulation 13(3)
Driver terminating a hiring prior to reaching the agreed destination
200
23
Regulation 13A(1)
Driver failing to inform provider of taxi dispatch service as required
100
24 Regulation 13A(3) Driver giving incorrect information regarding their identity to the provider of a taxi dispatch service
200
25
Regulation 13B(1)
Driver obstructing, interfering with, damaging etc., a camera surveillance unit
100
26 Regulation 14 Driver failing to transport a guide dog 300 27 Regulation 15 Driver failing to display approved identification card 200 28 Regulation I6(1 ) Offences relating to the conduct of drivers 200 29 Regulation 17 Offences relating to conduct of driver at taxi rank 200 30 Regulation 17B Driver failing to wear uniform, uniform not clean etc. 200 31 Regulation 18(2) Operating or driving taxi with an unsealed meter 250 32 Regulation 18(4) and (5) Offences relating to meters 250
By Command of the Governor, M. C. WAUCHOPE, Clerk of the Executive Council.
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