Taxi and Luxury Hire Car Industries Reform Act 1999 (TAS)

Taxi and Luxury Hire Car Industries Reform Act 1999

An Act to amend the Taxi Industry Act 1995 and certain other Acts

[Royal Assent 15 December 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Taxi and Luxury Hire Car Industries Reform Act 1999 . 2Commencement (1)  Section 15 commences immediately after section 1 of the Passenger Transport (Consequential and Transitional) Act 1997 commences. (2)  The remaining provisions of this Act commence immediately after the Passenger Transport Act 1997 commences. 3Principal ActIn this Act, the Taxi Industry Act 1995 is referred to as the Principal Act. 4Long title amended The long title of the Principal Act is amended by omitting "a modernised taxi industry" and substituting "modernised taxi and luxury hire car industries". 5Section 1 amended (Short title)Section 1 of the Principal Act is amended by omitting "Industry" and substituting "and Luxury Hire Car Industries". 6Section 4 substituted Section 4 of the Principal Act is repealed and the following section is substituted: 4Objects of Act (1)  The objects of this Act are, in respect of each taxi area – (a) to ensure the provision of adequate, safe and efficient taxi services to the public; and (b) to ensure that the taxi industry is competitive, professional and responsive to the needs of consumers by providing services required by the public at a price determined by market forces; and (c) to ensure that in the provision of taxi services the needs of disadvantaged persons in the community, such as the elderly and persons with disabilities, are taken into account; and (d) to enable the taxi industry to respond to changes in technology and work practices; and (e) to provide for the issue of perpetual taxi licences at capped values and of temporary taxi licences for limited periods. (2)  The objects of this Act are, in respect of luxury hire car services – (a) to ensure that vehicles used in the provision of general hire car services in the State are of an appropriate luxury standard; and (b) to clarify the respective roles of taxis and luxury hire cars. 7Section 5 amended (Application of Act) Section 5 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: (2)  Part 4A applies throughout Tasmania. 8Section 6 substituted Section 6 of the Principal Act is repealed and the following section is substituted: 6Administration and enforcement This Act is to be administered by the same persons and in the same manner as section 9 of the Traffic Act 1925 provides for that Act to be administered, and that section applies to the administration of this Act in all respects as if a reference in that section to the Traffic Act 1925 were a reference to this Act. 9Part 3: Heading amended Part 3 of the Principal Act is amended by omitting "TRANSITIONAL ARRANGEMENTS" from the heading to that Part and substituting "TRANSITIONAL ARRANGEMENTS FOR TAXIS". 10Part 4A insertedAfter section 23 of the Principal Act , the following Part is inserted: PART 4ALuxury Hire Cars 23AInterpretation of Part In this Part, unless the contrary intention appears – licence means a luxury hire car licence; licensee means the holder of a licence; limited passenger service means a limited passenger service referred to in Schedule 2 of the Passenger Transport Act 1997 ; luxury hire car means a small passenger vehicle in respect of which a licence issued under this Part is in force; luxury vehicle means a small passenger vehicle that is determined by the Commission to be a luxury vehicle in accordance with Schedule 5 ; motor vehicle means a motor vehicle within the meaning of the Traffic Act 1925 ; police officer means a police officer within the meaning of the Police Regulation Act 1898 ; public passenger vehicle means a motor vehicle that is registered as a public passenger vehicle pursuant to section 7 of the Passenger Transport Act 1997 ; registered means registered under the Traffic Act 1925 ; small passenger vehicle means a motor vehicle with a seating capacity of less than 13 adults, including the driver, that is designed and constructed primarily for the carriage of passengers; taxi means a vehicle that is licensed and operated as a taxi under this Act. 23BLuxury hire car licences (1)  The Commission may issue persons with licences, called luxury hire car licences, in respect of small passenger vehicles that are not taxis. (2)  A luxury hire car licence authorises the small passenger vehicle specified in the licence to be hired out, together with a driver, for the purpose of carrying passengers for reward even though – (a) the vehicle is not a taxi; and (b) the passenger service being provided is not a limited passenger service. (3)  A luxury hire car licence does not prevent the vehicle specified in the licence from being used for private purposes and any other purposes authorised by virtue of its registration under the Traffic Act 1925 . 23CApplications for licences (1)  An application for a luxury hire car licence may be made by the registered owner of the vehicle or by a person authorised by the registered owner. (2)  The application is to be – (a) lodged with the Commission; and (b) made on a form that the Commission has provided or approved for the purpose; and (c) accompanied by a licence fee of $5 000; and (d) supported by such information or evidence as the Commission requires. 23DIssue and commencement of licences, &c. (1)  The Commission is to issue an applicant with a luxury hire car licence in respect of a vehicle if the Commission – (a) is satisfied that the vehicle is a registered small passenger vehicle and is not a taxi; and (b) determines, in accordance with Schedule 5 , that the vehicle is a luxury vehicle. (2)  The licence may be issued on such conditions as the Commission determines having regard to the objects of this Act in respect of luxury hire car services, including conditions relating to – (a) the areas in which the vehicle may operate as a luxury hire car; and (b) the condition or standard of the vehicle. (3)  A luxury hire car licence takes effect on the day on which it is issued and, unless forfeited or surrendered in accordance with this Part, it – (a) remains in force for a period of 12 months from that day; and (b) is from time to time renewable for an equivalent period on payment of a prescribed fee. (4)  A licence may be surrendered to the Commission at any time. (5)  The Commission may, on payment of a prescribed fee, issue a licensee with a replacement for any licence that has been lost or destroyed or been damaged to an extent that renders it unsuitable for the purposes of this Part. 23EVariation of licence conditions (1)  The Commission may vary the conditions of a luxury hire car licence in accordance with this section. (2)  The Commission must – (a) give the licensee notice in writing of its intention to vary the licence conditions; and (b) give the licensee a reasonable opportunity to make representations to the Commission regarding the proposed variations; and (c) take any such representations into account in exercising its power under this section. 23FTransfer of licences (1)  A licensee may at any time apply as prescribed to the Commission to do either or both of the following: (a) have the licence transferred to another person; (b) have the licence apply, temporarily or indefinitely, to another vehicle. (2)  The Commission is to approve the application if the Commission – (a) is satisfied that the vehicle to which the licence is to relate is a registered small passenger vehicle; and (b) determines, in accordance with Schedule 5 , that that vehicle is a luxury vehicle; and (c) is satisfied, in a case to which subsection (1)(b) applies where the applicant is not the registered owner of the other vehicle, that the application is authorised by the registered owner of that vehicle. 23GCancellation and suspension of licences (1)  The Commission, in prescribed circumstances, may cancel a luxury hire car licence. (2)  The Commission, in prescribed circumstances, may suspend a luxury hire car licence for a period not exceeding 3 months. 23HDelivering up licences A person who holds a luxury hire car licence must, if given notice to do so by the Commission, deliver up that licence to the Commission at such time and place as the Commission by the notice specifies.

Penalty:  Fine not exceeding 10 penalty units.

23ISmall passenger vehicle offences (1)  This section applies to a small passenger vehicle that is not a taxi. (2)  A person who does not hold a luxury hire car licence must not hire out a small passenger vehicle to which this section applies, with a driver, for the purpose of carrying passengers for reward other than to provide a limited passenger service.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not, for reward, drive or use a small passenger vehicle to which this section applies on a public street or cause or allow such a vehicle to be driven or used on a public street, other than to provide a limited passenger service, if a luxury hire car licence is not in force in respect of that vehicle.

Penalty:  Fine not exceeding 20 penalty units.

23JGeneral offences (1)  A person who holds a luxury hire car licence must not contravene or fail to comply with the conditions of the licence.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person who does not hold a luxury hire car licence must not hold himself or herself out to be the holder of a luxury hire car licence.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not make a false or misleading statement to the Commission, or produce a false or misleading document to the Commission, in connection with an application or any other matter under this Part.

Penalty:  Fine not exceeding 20 penalty units.

23KAmendment of Schedule 5 (1)  The Governor may, by order, amend column 1 of the table in Schedule 5 by doing any one or more of the following: (a) omitting the name of any vehicle; (b) inserting in any place the name of any vehicle; (c) omitting the name of any vehicle and substituting the name of any other vehicle. (2)  The Governor may, by the same or a different order, amend column 2 of the same table by doing either or both of the following: (a) omitting a maximum age specified in the column and substituting a different maximum age; (b) inserting a maximum age in respect of any group of vehicles in the table for which a maximum age has not previously been specified. (3)  The provisions of sections 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 apply to an order under this section as if the order were regulations within the meaning of that Act. 11Section 27 amended (Regulations) Section 27(10) of the Principal Act is amended by omitting "10" and substituting "20". 12Schedule 3 amended (Matters to which regulations may apply) Schedule 3 to the Principal Act is amended as follows: (a) by inserting in paragraph (a) ", or any Part of this Act," after "Act"; (b) by inserting in paragraph (g) "or luxury hire car driver" after "driver"; (c) by inserting in paragraph (i) "or luxury hire car" after "taxi"; (d) by inserting in paragraph (j) "or luxury hire cars" after "taxis"; (e) by inserting in paragraph (k) "and luxury hire car services" after "services"; (f) by omitting from paragraph (l) " Part 5 ." and substituting " Part 5 ; and"; (g) by inserting the following paragraph after paragraph (l) : (m) prescribe fees, procedural requirements and other matters for the purposes of Part 4A and generally provide for the administration and control of luxury hire car licences. 13Schedule 5 insertedAfter Schedule 4 to the Principal Act , the following Schedule is inserted: Schedule 5Luxury Vehicles

Part 4A

1.   The Commission is to determine that a public passenger vehicle is a luxury vehicle for the purposes of Part 4A of this Act if – (a) the Commission is satisfied that the vehicle is being maintained at a standard that is commensurate with luxury vehicle status; and (b) it is a vehicle specified in column 1 of the following table and, if applicable, no older than the corresponding maximum age specified in column 2 of the table.

Column 1	Column 2
Vehicle	Maximum age
Group 1
Ford Fairlane Ghia	7 years
Ford LTD
Holden Caprice
Holden Statesman
Mazda 929
Volvo 960, S90 and V90
Group 1A
Stretched or modified versions of Group 1 vehicles	12 years
Group 2
BMW Series 7	15 years
Cadillac
Daimler
Jaguar
Mercedes Series 230 and above
Toyota Lexus LS 400
Group 2A
Stretched or modified versions of Group 2 vehicles	–
Group 3
Bentley	–
Rolls Royce

2.   The Commission may determine that a vehicle specified in column 1 of the table in item 1 is a luxury vehicle for the purposes of Part 4A of this Act notwithstanding that it exceeds the corresponding maximum age specified in column 2 of the table if the Commission – (a) is satisfied that the vehicle is being maintained at a standard that is commensurate with luxury vehicle status; and (b) in the case of a vehicle that belongs to Group 1 or 2 of the table, imposes conditions on the luxury hire car licence limiting the area of operation of the vehicle as a luxury hire car to a non-metropolitan area. 3.   The Commission may determine that a vehicle not specified in column 1 of the table in item 1 is a luxury vehicle for the purposes of Part 4A of this Act if the Commission is satisfied that – (a) the vehicle is of at least a comparable standard to a vehicle specified in column 1 of the table; and (b) the vehicle is being maintained at a standard that is commensurate with luxury vehicle status. 4.   If the Commission makes a determination under item 3 , it must classify the subject vehicle as belonging to a Group of the table in item 1 . 5.   If the subject vehicle is classified as belonging in Group 1, 1A or 2 of the table, the vehicle is subject to the same limitations and restrictions as to its maximum age and the Commission’s discretion in relation to that maximum age as if the vehicle were actually specified in that Group of the table. 6.   For the purpose of this Schedule, the age of a vehicle is to be determined from the date of its manufacture as specified on its compliance plate. 14Consequential amendmentsThe Act specified in Schedule 1 is amended as specified in that Schedule. 15Further consequential amendmentsThe Act specified in Schedule 2 is amended as specified in that Schedule. 16Savings and Transitional provisions (1)  In this section – commencement day means the day on which this Act commences; New Principal Act means the Taxi and Luxury Hire Car Industries Act 1995 ; small passenger vehicle has the same meaning as in the Passenger Transport Act 1997 . (2)  On the commencement day – (a) a small passenger vehicle that was licensed as a public vehicle under the Traffic Act 1925 immediately before that day is, if the licence was endorsed as a prestige hire car licence and not issued as a temporary licence, taken to be a luxury vehicle under and subject to the New Principal Act; and (b) the Commission may, notwithstanding Schedule 5 to the New Principal Act, allow that car to retain that status for so much of the 3 year period immediately following the commencement day as the Commission remains satisfied that the vehicle is being maintained at a standard that is commensurate with luxury vehicle status. (3)  On the commencement day, a person who held a public vehicle licence in respect of a vehicle to which subsection (2) applies immediately before that day is taken to be the holder of a luxury hire car licence in respect of that vehicle under and subject to the New Principal Act. (4)  A licence referred to in subsection (3) remains in force, unless sooner cancelled or surrendered and excepting any period of suspension under the New Principal Act, until the day on which the former public vehicle licence referred to in that subsection expires, unless it is renewed. (5)  On the commencement day, a person who held a public vehicle licence in respect of a vehicle to which subsection (2) applies immediately before that day is taken to have been granted accreditation as an operator of a public passenger service (for the luxury hire car category) under and subject to Part 2A of the Passenger Transport Act 1997 for a period of 3 years and on the same initial conditions as the conditions of that public vehicle licence, except that those conditions are taken not to include any restriction on the minimum fares that may be charged. Schedule 1Consequential Amendments

Section 14

1.    Section 3 is amended as follows: (a) by inserting the following definition after the definition of Commission : hire and drive vehicle means a vehicle that is hired out for reward, without a driver, for the carriage of passengers; (b) by omitting the definition of luxury hire car and substituting the following definition: luxury hire car means a vehicle in respect of which a luxury hire car licence under the Taxi and Luxury Hire Car Industries Act 1995 is in force; (c) by omitting the definition of luxury vehicle ; (d) by omitting the definition of standard hire car ; (e) by omitting " Taxi Industry Act 1995 " from the definition of taxi and substituting " Taxi and Luxury Hire Car Industries Act 1995 ". 2.    Section 4 is amended by omitting " Taxi Industry Act 1995 " and substituting " Taxi and Luxury Hire Car Industries Act 1995 ". 3.    Section 9 is repealed. 4.    Section 10 is amended by omitting paragraph (b) . 5.    Section 11 is amended as follows: (a) by inserting in subsection (1) "small passenger" after "A"; (b) by omitting from subsection (1) "and as a luxury hire car"; (c) by omitting paragraph (a) from subsection (1) and substituting the following paragraph: (a) hired out, together with a driver, for the purpose of carrying passengers for reward on limited passenger services; and (d) by inserting in subsection (2) "large passenger" after "A"; (e) by omitting from subsection (2) "and as a standard hire car"; (f) by inserting in subsection (2)(a) ", together with a driver," after "out"; (g) by omitting from subsection (2)(a) "on limited passenger services"; (h) by omitting from subsection (2)(b) "purposes." and substituting "purposes; and"; (i) by inserting the following paragraph after paragraph (b) in subsection (2) : (c) used for prescribed purposes. (j) by omitting from subsection (3)(a) " Taxi Industry Act 1995 " and substituting " Taxi and Luxury Hire Car Industries Act 1995 "; (k) by inserting the following paragraph after paragraph (a) in subsection (3) : (ab) as a luxury hire car if it is not also licensed and operated as a luxury hire car in accordance with the Taxi and Luxury Hire Car Industries Act 1995 ; or 6.    Section 12(3)(a) is amended by omitting "or as a luxury hire car or standard hire car". 7.    Section 15 is amended as follows: (a) by inserting the following subsection after subsection (1) : (1A)  Without limiting the matters that may constitute a lawful excuse under subsection (1) , the driving and use of a small passenger vehicle as a hire and drive vehicle is taken to be a lawful excuse under that subsection. (b) by omitting from subsection (2) "standard hire car" first occurring and substituting "small passenger vehicle"; (c) by omitting from subsection (2) "standard hire car" second occurring and substituting "small passenger vehicle". 8.    Section 24(2) is amended as follows: (a) by omitting from paragraph (c) ", luxury hire cars and standard hire cars"; (b) by omitting from paragraph (h) "and as luxury hire cars or standard hire cars"; (c) by omitting from paragraph (k) "luxury hire cars and standard hire cars" and substituting "public passenger vehicles". 9.    Section 25 is repealed. 10.    Schedule 1 is repealed. Schedule 2Further consequential Amendments

Section 15

1.   Schedule 2 is amended as follows: (a) by omitting from clause 3(a) "and also as a standard hire car"; (b) by omitting clause 4 and substituting the following clause: 4.   Hire cars On the commencement day, a small passenger vehicle that was licensed as a hire car is taken to be registered as a public passenger vehicle unless the Commission on reasonable grounds determines that the vehicle is not let for hire with a driver for reward in which case the vehicle is not to be registered as a public passenger vehicle or to be taken to be so registered. (c) by omitting from clause 5 all the words after "public passenger vehicle".

[Second reading presentation speech made in:

House of Assembly on 30 NOVEMBER 1999

Legislative Council on 2 DECEMBER 1999]