Untitled document

Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017

S.R. No. 105/2017

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Principal Regulations

Part 2—Amendment of the Principal Regulations

5Objectives—Principal Regulations

6Definitions

7Definitions—Part 3 of the Principal Regulations

8Smoking prohibited

9Livery

10Driver appearance

11New regulation 29A inserted

12Prescribed information—notices of maximum fares or hiring rates in Regional and Country Zones

13Operation of fare calculation devices

14Regulation 37 revoked

15Definitions—Part 6 of the Principal Regulations

16Records to be kept by booking service providers

17Records to be kept by taxi-cab operators

18Records to be kept by booking service providers in respect of taxi-cab operations

19Drivers of wheelchair accessible taxi-cabs

20Complaints handling—taxi-cab operators

21Complaints handling in respect of taxi-cab operations—providers of booking services

22Complaints handling—providers of booking services

23Schedule 1—Information to be recorded and kept by booking service providers

Part 3—Amendment of the Transport (Infringements) Regulations 2010

24Transport Infringements—Table 8 of Schedule 3 amended

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Endnotes

STATUTORY RULES 2017

S.R. No. 105/2017

Transport (Compliance and Miscellaneous) Act 1983

Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles)(Taxi-Cab Industry Accreditation and Other Matters) and (Infringements) Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 17 October 2017

Responsible Minister:

JACINTA ALLAN
Minister for Public Transport

JONATHAN BURKE

Acting Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The main objectives of these Regulations are—

(a)to amend the Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) (Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017—

(i)to make amendments consequential to the enactment of the Commercial Passenger Vehicle Industry Act 2017; and

(ii)to extend the offence prohibiting smoking in commercial passenger vehicles to e-cigarettes; and

(iii)to make it an offence not to pay the full fare in a taxi-cab; and

(b)to amend the Transport (Infringements) Regulations 2010 to provide for an infringement offence for fare evasion in a taxi-cab.

2Authorising provisions

These Regulations are made under sections 137E, 162, 169Z, 215, 228RZI

and 256 of the Transport (Compliance and Miscellaneous) Act 1983.

3Commencement

These Regulations come into operation on 2 November 2017.

4Principal Regulations

In these Regulations, the Transport (Buses, Taxi‑Cabs and Other Commercial Passenger Vehicles) (Taxi-Cab Industry Accreditation and Other Matters) Regulations 2017[1] are called the Principal Regulations.

Part 2—Amendment of the Principal Regulations

5Objectives—Principal Regulations 

In regulation 1(f) of the Principal Regulations, for "taxi-cab network services" substitute "booking services".

6Definitions

In regulation 5 of the Principal Regulations—

(a)in the definition of the Act, for "Transport (Compliance and Miscellaneous) Act 1983." substitute "Transport (Compliance and Miscellaneous) Act 1983;";

(b)insert the following definitions—

"booking service provider means a person who provides a booking service;

wheelchair accessible taxi-cab means a taxi‑cab that has been constructed or modified so that it can accommodate and secure one or more occupied wheelchairs.";

(c)the definitions of externally-administered company, licensed taxi tester, network service provider and taxi-cab network service are revoked.

7Definitions—Part 3 of the Principal Regulations

In regulation 10 of the Principal Regulations, in the definition of appropriate person, paragraph (c) is revoked.

8Smoking prohibited

For regulation 16 of the Principal Regulations substitute—

"16   Smoking prohibited

(1)A person must not in a commercial passenger vehicle—

(a)smoke, hold or otherwise have control over, an ignited or heated tobacco product; or

(b)use an e-cigarette to generate or release an aerosol or vapour; or

(c)smoke any other substance.

Penalty:5 penalty units.

(2)In this regulation, e-cigarette and tobacco product have the same meanings as in the Tobacco Act 1987.".

9Livery

In regulation 24(1)(b) of the Principal Regulations—

(a)for "taxi-cab network service provider" substitute "booking service provider";

(b)for "taxi-cab network services" substitute "booking services".

10Driver appearance

For regulation 28(b) of the Principal Regulations substitute—

"(b)if the operator of the taxi-cab has entered into an arrangement with a booking service provider for the provision of booking services, that booking service provider.".

11New regulation 29A inserted

After regulation 29 of the Principal Regulations insert—

"29A   Payment of fares and additional charges

The hirer of a taxi-cab must pay in full the fare and any additional charges for the hiring at the termination of the hiring unless the operator or the driver of the taxi-cab agrees that payment may be made at a later time.

Penalty:10 penalty units.".

12Prescribed information—notices of maximum fares or hiring rates in Regional and Country Zones

In regulation 32(1)(b) of the Principal Regulations, for "network service provider" (where twice occurring) substitute "booking service provider".

13Operation of fare calculation devices

In regulation 35(6)(a) of the Principal Regulations omit "(within the meaning of section 147A(2C)(b) of the Act)".

14Regulation 37 revoked

Regulation 37 of the Principal Regulations is revoked.

15Definitions—Part 6 of the Principal Regulations

In regulation 42 of the Principal Regulations, in the definition of record-keeping arrangement—

(a)for "taxi-cab network services" substitute "booking services";

(b)for "network service provider" substitute "booking service provider".

16Records to be kept by booking service providers

(1)In the heading to regulation 44 of the Principal Regulations, for "network service providers" substitute "booking service providers".

(2)In regulation 44 of the Principal Regulations, for "taxi-cab network services" substitute "booking services".

17Records to be kept by taxi-cab operators

In regulation 45(2) of the Principal Regulations, for "taxi-cab network service provider" substitute "booking service provider".

18Records to be kept by booking service providers in respect of taxi-cab operations

(1)In the heading to regulation 46 of the Principal Regulations, for "network service providers" substitute "booking service providers".

(2)In regulation 46(1) and (2) of the Principal Regulations, for "taxi-cab network services" substitute "booking services".

19Drivers of wheelchair accessible taxi-cabs

Regulation 52(2) of the Principal Regulations is revoked.

20Complaints handling—taxi-cab operators

In regulation 53(2) of the Principal Regulations, for "taxi-cab network services" substitute "booking services".

21Complaints handling in respect of taxi-cab operations—providers of booking services

(1)In the heading to regulation 54 of the Principal Regulations, for "taxi-cab network services" substitute "booking services".

(2)In regulation 54(1) and (2) of the Principal Regulations, for "taxi-cab network services" substitute "booking services".

22Complaints handling—providers of booking services

(1)In the heading to regulation 55 of the Principal Regulations, for "taxi-cab network services" substitute "booking services".

(2)In regulation 55 of the Principal Regulations, for "taxi-cab network services" (where twice occurring) substitute "booking services".

23Schedule 1—Information to be recorded and kept by booking service providers

(1)In the heading to Schedule 1 to the Principal Regulations, for "network service providers" substitute "booking service providers".

(2)In clause 1 of Schedule 1 to the Principal Regulations, for "taxi-cab network services" substitute "booking services".

Part 3—Amendment of the Transport (Infringements) Regulations 2010

24Transport Infringements—Table 8 of Schedule 3 amended

After item 171 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010[2] insert—

"171A reg. 29A Hirer failing to pay fare 2·5 penalty units 2647".

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Endnotes

[1] Reg. 4: S.R. No. 50/2017.

[2] Reg. 24: S.R. No. 4/2010. Reprint No. 2 as at 1 July 2017. Reprinted to S.R. No. 51/2017.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2017 is $158.57.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.