Transport (Country Taxi-car) Amendment Regulations 2006 (WA)
14 July 2006 GOVERNMENT GAZETTE, WA 2575 TR302*
Transport Co-ordination Act 1966
Transport (Country Taxi-ear) Amendment
Regulations 2006
Made by the Governor in Executive Council.
1. Citation
These regulations are the Transport (Country Taxi-car)
Amendment Regulations 2006.2. The regulations amended
" Schedule 1 "
The amendments in these regulations are to the Transport
(Country Taxi-car) Regulations 1982*.[* Reprint 2 as at 2 April 2004. For amendments to 18 January 2006 see Western Australian
Legislation Information Tables for 2004, Table 4, p. 414.]3. Regulation 4 amended
Regulation 4 is amended by deleting the definition of
"Schedule".4. Regulation 5 amended
Regulation 5 is amended by deleting "the Schedule' and inserting instead —
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5. Regulation 8 amended
Regulation 8(2) is amended by deleting "the Schedule" and inserting instead -
" Schedule I ".
6. Regulation 10 amended
Regulation 10(1) is amended by deleting "the Schedule" and inserting instead -
" Schedule 1 ".
7. Regulation 11 amended
Regulation 11(3) is amended by deleting "the Schedule" and inserting instead -
" Schedule I ".
8. Regulation 26 amended
(1) Regulation 26(1) is amended by deleting "subregulation (2)"
and inserting instead -this regulation
(2) Regulation 26 is amended by deleting subregulations (2) and (3)
and inserting the following subregulations instead -44
(2) A driver is not obliged to accept a hiring where -
(a) the intending hirer or an intending passenger is
intoxicated, unclean, abusive or violent;
(b) the driver has reasonable grounds to believe
that -
(i) the intending hirer or an intending passenger, or the point of engagement
or the destination, poses a threat to the driver's safety; (ii) the hiring would result in a breach of a condition imposed by the Director General under section 47ZD(3) of the Act on the operation of the taxi-car; or
(iii) the intending hirer or an intending passenger has evaded, or attempted to evade, the payment of a fare or charge for hiring a taxi-car;
(c) the driver requires the intending hirer to pay a
deposit under the Country Taxi-cars (Fares and
the intending hirer does not pay it; or
14 July 2006 GOVERNMENT GAZETTE, WA 2577 (d) the number of intending passengers aged 12 or over exceeds the number of available seatbelts in the taxi-car.
(3) If, during a hiring, a passenger begins to soil the
taxi-car or become abusive or violent -
(a) the driver may terminate the hiring;
(b) the driver or an authorised officer may request
all passengers to alight from the taxi-car; and
(c) the driver may require the hirer to pay -
(i) the fare that would have been due if the hiring had terminated at that point in the normal course of events; and
(ii) in the case of soiling, a charge to cover the cost of cleaning the taxi-car, as set Out in the Country Taxi-cars (Fares and
Charges) Regulations 1991 Schedule 1.
(4) A passenger who fails to alight from a taxi-car when
requested to do so under subregulation (3)(b) commits
an offence. ,,
9. Regulation 26B inserted
After regulation 26A the following regulation is inserted -
26B. Requirement to carry guide dogs A driver shall transport a guide dog that is accompanying a passenger who is visually or hearing impaired unless excused from doing so in writing by an authorised officer.
10. Regulation 48 inserted
After regulation 47 the following regulation is inserted -48. Infringement notices and modified penalties
(1) For the purposes of section 58A of the Act, the
prescribed offences against the Act and these
regulations for which infringement notices may be
given, and the modified penalties for those offences,
are set Out in Schedule 2.(2) For the purposes of section 58A(3), the prescribed form
of infringement notice is Form 1 in Schedule 3.(3) For the purposes of section 58A(2), the prescribed form
of notice of withdrawal of infringement notice is
Form 2 in Schedule 3.
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11. Schedule amended
The heading to the Schedule is deleted and the following heading is inserted instead -
Schedule 1 - Fees
12. Schedules 2 and 3 inserted After Schedule 1 the following Schedules are inserted -
11
Schedule 2 - Modified penalties
[r. 48(1)]
Item Section of Description of offence Modified Act or penalty Regulation 1 s. 50(l)(a) Operating public vehicle to $500 for an consign, send or convey individual goods or passengers without $1000 for a appropriate licence corporation 2 s. 53 Owner or driver of public vehicle failing to comply with terms and conditions of
licence $200
3 r. 14(2) Failing to return number plate
issued in respect of taxi-car within 14 days after licence comes to end
$50
4 r. 24 Driver failing to be clean and
neat $50 5 r. 25(a) Driver failing to conduct
himself in orderly manner,
with civility and propriety or
failing to comply with reasonable requirement of
hirer or passenger $50
6
r. 25(b)
Driver failing to afford reasonable assistance to passenger
$50
7 r. 25(d) Driver failing to carry driver's licence or produce it upon request of authorised officer $50 8 r. 25(e) Driver failing to be constantly in attendance on taxi-car when standing for hire $50 9
r. 26(1)
Driver refusing a hiring or failing to carry out a hiring otherwise than in accordance
with regulations 26(2) and (3) $50
14 July 2006 GOVERNMENT GAZETTE, WA 2579
Item Section of Description of offence Modified Act or penalty Regulation 10 r. 26(4) Passenger failing to alight from taxi-car when requested
to do so $50
11 r. 26B Refusing to transport a guide
dog that is accompanying a passenger who is visually or hearing impaired
$50
12 r. 27 Driver failing to drive by
shortest practicable route $50 13 r. 27A Driver failing to display approved identification card in manner directed by
Director General $50 14 r. 35 Operator of taxi-car failing to cause taximeter to be regulated to record fares and charges prescribed by Country Taxi-cars (Fares and Charges) Regulations 1991 or to submit the vehicle for
inspection, testing and sealing $50 15 r. 36(ba) Owner of taxi-car removing taximeter for more than 10 days without approval of
Director General $50 16 r. 36(d) Owner of taxi-car making or permitting alteration to taxi-car that would affect
correct operation of taximeter $50 17 r. 38 Operator of taxi-car manipulating taximeter in
manner likely to defraud $50 Driver setting taximeter in
18 r. 39 operation otherwise than
when permitted by r. 39 $50
19
r. 4 1(2)
Owner or operator of taxi-car failing to comply with terms of notice received under
r. 4 1(1) or rectify defect found
during inspection $50
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Schedule 3— Forms
[r. 48(2) and (3)]
FORM 1
TRANSPORT CO-ORDINATIONACT 1966— section 58A
TRANSPORT (COUNTRY TAXI-CAR) REGULATIONS 1982 -
regulation 48(2)
Western Australia
Department for Planning and Infrastructure
TAXI INFRINGEMENT NOTICE
PART "B" This space for cash register imprint To be retained by Cashier.
OFFICE COPY ONLY
Please do not detach from Part "A"PART "A"
OFFICIAL RECEIPT
DEFENDANT'S COPYNo...................... Issue Date .......... I. ......... I........
Sex [1 Date of birth[ lIE ]/[ M ........................................................................................................................................................
Surname (Block Letters) Other Names in full MDL Number
Address...............................................................................................................................................
Number and Street Town or Suburb Postcode
Particulars of Taxi
Plate No Annual fee due ......... I. ......... I Make......................................Model ....................................Colour ............................................
Company..................................It is alleged that at ..............hours on .........day of..........................20 ..........at ............................
..........................that you committed the offence indicated
hereunder.
Description of Offence
Penalty $ [ H] F]
No.................
Signature of authorised person Take notice that -
If you do not wish to have a complaint of the alleged offence heard and determined by a court,
you may pay to an officer specified on the reverse side of this notice, within 28 days, the total
amount specified.
If that amount is not paid within 28 days, additional administrative Charges may be incurred and
action may be taken to suspend your Motor Driver's Licence until you have paid in full the
modified penalty and any additional charges OR you have elected to have this matter heard and
determined by a court.
Payment may be made -(i) by post to -
[Insert appropriate address here]
(ii)
Clerk of Courts -
by hand to - Fremantle, Geraldton, Harvey, Kalgoorlie, Karratha, Katanning, Kununurra, Mandurah, Manjimup, Merredin, Moora, Midland, Narrogin, Northam, Pinjarra, Port Hedland,
14 July 2006 GOVERNMENT GAZETTE, WA 2581 Roeboume, Rockingham and Perth — Court of Petty Sessions, Level 2, Central Law
Courts, 30 St George's Terrace.
A receipt will not be mailed unless requested.
Payments will not be accepted at any Department for Planning and Infrastructure offices.Inquiries should be made in writing and forwarded by post to —
(Insert appropriate address here)
TAXI INFRINGEMENT NOTICE CREDIT CARD SLIP
Do not detach — Return complete document with payment to —
[Insert appropriate address here]
Please debit my credit card account
Bankcard [ ] Mastercard [ ] Visacard [ ]
Card Number [ [ [ [ [ [ [IL I [ [ [ [ [ [ [ Amount [I [ ] [ ] [I Cardholder Name:
Signature: Expiry Date:
FORM 2
TRANSPORT CO-ORDINATION ACT 1966— section 58A
TRANSPORT (COUNTRY TAXI-CAR) REGULATIONS 1982 —
regulation 48(3)
Western Australia
Department for Planning and Infrastructure
NOTICE OF WITHDRAWAL OF INFRINGEMENT NOTICE
Serial No. ...........
Name
Address
Dear Sir/Madam
Notice of withdrawal of proceedingsInfringement Number
Date Time Code Description Take notice that I, being authorised to do so, hereby withdraw proceedings under the Transport Co-ordination Act 1966 in relation to the infringement notice issued for the above offence.
Director General Date By Command of the Governor, M. C. WAUCHOPE, Clerk of the Executive Council.
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