Taxi Amendment Regulations (No. 2) 2004 (WA)

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320 GOVERNMENT GAZETTE, WA 23 January 2004

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 a
taxi 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 ";

322 GOVERNMENT GAZETTE, WA 23 January 2004
(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
324 GOVERNMENT GAZETTE, WA 23 January 2004
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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