Untitled document
Transport (Taxi-Cabs), (Passenger Vehicles) and (Infringements) Amendment Regulations 2015
S.R. No. 49/2015
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Principal Regulations
Part 2—Amendment of Principal Regulations
5Change of title of Regulations
6Objectives amended
7Authorising provisions amended
8Definitions
9New Regulation 3A inserted
10Test of acuteness of vision
11Division heading inserted
12Photo display for taxi-cab drivers
13Taxi-cab licences
14New regulation 11A inserted
15Division heading inserted
16Regulations 13 and 13A revoked
17Security cameras
18Boot lock release devices
19Inspection of taxi-cabs
20Notice to rectify defects
21Evidence of inspection
22New Divisions 2 and 3 of Part 3 inserted
23Signs, symbols, notices, labels and fittings
24Regulation 25 substituted
25Not for Hire signs
26Passenger numbers
27Regulation 33 substituted
28Regulations 38(1), 38(2), 42 and 47 revoked
29New Part 5B inserted
30Test of acuteness of vision
Part 3—Amendment of the Transport (Infringements) Regulations 2010
31Transport Infringements—Table 8 of Schedule 3 amended
32Table 9 of Schedule 3 amended
Part 4—Amendments and revocations
33Transport (Passenger Vehicles) Regulations 2005 amended
34Taxi-Cab Licences–Market and Trading Regulations 2005 and related amending regulations revoked
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Endnotes
STATUTORY RULES 2015
S.R. No. 49/2015
Transport (Compliance and Miscellaneous) Act 1983
Transport (Taxi-Cabs), (Passenger Vehicles) and (Infringements) Amendment Regulations 2015
The Governor in Council makes the following Regulations:
Dated: 9 June 2015
Responsible Minister:
JACINTA ALLAN
Minister for Public Transport
YVETTE CARISBROOKE
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to amend the Transport (Taxi-Cabs) Regulations 2005 to prescribe measures for—
(i)regulating the operation of commercial passenger vehicles; and
(ii)facilitating safe operation of those vehicles; and
(iii)the provision of quality taxi-cab services; and
(iv)driver accreditation and driver and passenger conduct; and
(b)to rename the Transport (Taxi-Cabs) Regulations 2005 as the Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2005; and
(c)to amend the Transport (Infringements) Regulations 2010 and the Transport (Passenger Vehicles) Regulations 2005; and
(d)to revoke the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005 and related amending Regulations.
2Authorising provisions
These Regulations are made under sections 137E, 162 and 215 of the Transport (Compliance and Miscellaneous) Act 1983.
3Commencement
These Regulations come into operation on 15 June 2015.
4Principal Regulations
In these Regulations, the Transport (Taxi-Cabs) Regulations 2005[1] are called the Principal Regulations.
Part 2—Amendment of Principal Regulations
5Change of title of Regulations
For the title to the Principal Regulations substitute—
"Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2005".
6Objectives amended
In regulation 1 of the Principal Regulations—
(a)for "taxi-cab" substitute "commercial passenger vehicles and bus";
(b)after paragraph (a) insert—
"(ab)the inspection of commercial passenger vehicles;";
(c)in paragraph (b) omit "construction,".
7 Authorising provisions amended
In regulation 2 of the Principal Regulations for "sections 162, 228RZI, 256, 318 and 350" substitute "sections 137E, 162, 228RZI and 256".
8Definitions
In regulation 3(1) of the Principal Regulations—
(a)the definition of Act is revoked;
(b)insert the following definitions—
"externally-administered body corporate has the same meaning as in the Corporations Act;
the Act means the Transport (Compliance and Miscellaneous) Act 1983.";
(c)for the definition of drive substitute—
"drive means—
(a)to be in control of a commercial passenger vehicle; or
(b)in relation to a bus used to provide a commercial bus service, a commercial minibus service or a local bus service, to be in control of that bus;";
(d)for the definition of driver substitute—
"driver, in relation to a commercial passenger vehicle, means any person who drives a commercial passenger vehicle;";
(e)for the definition of licence substitute—
"licence, except in Division 3 of Part 2, Division 1 of Part 3 and Part 5B, means a commercial passenger vehicle licence granted under Part VI of the Act;";
(f)in the definition of termination, for "hirer." substitute "hirer;".
9New Regulation 3A inserted
After the heading to Division 1 of Part 2 of the Principal Regulations insert—
"3A Application of this Division
This Division applies to an applicant for, or holder of, a driver accreditation under Part VI of the Act.".
10Test of acuteness of vision
At the foot of regulation 5 of the Principal Regulations insert—
"Note
It is an offence under Part VI of the Act for a person to drive a commercial passenger vehicle or a bus used to provide certain bus services unless that person holds a driver accreditation.".
11Division heading inserted
After regulation 5 of the Principal Regulations insert—
"Division 1A—Photo cards for taxi-cab drivers".
12Photo display for taxi-cab drivers
(1)In regulation 6(1)(b) of the Principal Regulations, for "only; and" substitute "only.".
(2)Regulation 6(1)(c) of the Principal Regulations is revoked.
13Taxi-cab licences
(1)In the heading to regulation 10 of the Principal Regulations, for "Taxi-cab" substitute "Commercial passenger vehicle".
(2)Regulation 10(1) of the Principal Regulations is revoked.
(3)In regulation 10(2)(ab) of the Principal Regulations for "Act; or" substitute "Act.".
(4)Regulation 10(2)(b) of the Principal Regulations is revoked.
14New regulation 11A inserted
After regulation 11 of the Principal Regulations insert—
"11A Record keeping—non-taxi commercial passenger vehicles
(1)This regulation applies to a commercial passenger vehicle licence granted under Part VI of the Act other than a taxi-cab licence.
(2)A licence holder to whom this regulation applies must keep an up to date record of the name, address, driver licence number and driver accreditation number of every driver of the vehicle under the licence.
Penalty:10 penalty units.
(3)A licence holder to whom this regulation applies must keep the records referred to in subregulation (1) at an address approved by the licensing authority.
Penalty:10 penalty units.
(4)A licence holder to whom this regulation applies must keep the records referred to in subregulation (1) for a period of at least 3 years from the date the last entries in the records were made.
Penalty:10 penalty units.
(5)A licence holder to whom this regulation applies must keep the records referred to in subregulation (1) in the English language.
Penalty:5 penalty units.
(6)On demand by the licensing authority or a person approved by the licensing authority, a licence holder to whom this regulation applies must make the records referred to in subregulation (1) available for inspection.
Penalty:10 penalty units.
(7)If requested by the licensing authority or a person approved by the licensing authority, a licence holder must give an accurate copy of any part or all of the records to the authority or person making the request within the time specified in the request.
Penalty:10 penalty units.".
15Division heading inserted
After the heading to Part 3 of the Principal Regulations insert—
"Division 1—Taxi-cabs".
16Regulations 13 and 13A revoked
Regulations 13 and 13A of the Principal Regulations are revoked.
17Security cameras
(1)For regulation 15(3) of the Principal Regulations substitute—
"(3)This regulation applies to a taxi-cab if it is required by a condition of the licence under which it is operated to be fitted with a security camera approved by the licensing authority.".
(2)Regulation 15(4) of the Principal Regulations is revoked.
18Boot lock release devices
Regulation 17 of the Principal Regulations is revoked.
19Inspection of taxi-cabs
In regulation 19(1) of the Principal Regulations—
(a)for "member of the police force" (where twice occurring) substitute "police officer"; and
(b)for "the member" substitute "the officer".
20Notice to rectify defects
In regulation 20 of the Principal Regulations, for "member of the police force" (where three times occurring) substitute "police officer".
21Evidence of inspection
In regulation 21(1) of the Principal Regulations—
(a)for "a member of the police force" substitute "a police officer"; and
(b)for "the member of the police force" substitute "the officer".
22New Divisions 2 and 3 of Part 3 inserted
After regulation 22 of the Principal Regulations insert—
"Division 2—Non-taxi commercial passenger vehicles
22AApplication of this Division
This Division applies to a holder of a commercial passenger vehicle licence that is not a taxi-cab licence.
22BNumber plates, signs, symbols, notices and labels
(1)A licence holder to whom this Division applies must attach to the vehicle any number plates, signs, symbols, notices or labels required by the Roads Corporation or the licensing authority of a type or design approved by the Roads Corporation or the licensing authority.
Penalty:5 penalty units.
(2)A licence holder to whom this Division applies must attach to the vehicle the things referred to in subregulation (1) in the manner specified for those things by the Roads Corporation or the licensing authority.
Penalty:5 penalty units.
(3)A licence holder to whom this Division applies must attach to the vehicle the things referred to in subregulation (1) in a way that ensures that the number plates, signs, symbols, notices or labels are clearly visible at all times.
Penalty:5 penalty units.
22CInspection of commercial passenger vehicle
(1)The licensing authority, a person approved by the licensing authority or a police officer may require a licence holder to whom this Division applies to produce the vehicle for inspection by—
(a)the licensing authority; or
(b)a person approved by the licensing authority; or
(c)a police officer; or
(d)a licensed vehicle tester.
(2)A licence holder to whom this Division applies must comply with a direction given under subregulation (1).
Penalty:15 penalty units.
(3)A person who inspects a vehicle must serve a notice on the licence holder requiring the licence holder to fix the matters set out in the notice within the time specified in the notice, if on inspection the person finds that the vehicle —
(a)is unsafe, unsuitable or unfit for use; or
(b)does not comply with the Act or these Regulations or with any condition of the relevant licence.
(4)A notice under subregulation (3) must—
(a)include sufficient details to identify the vehicle to which it relates; and
(b)set out the matters which must be fixed; and
(c)state a time and date after which the vehicle must not be operated unless the matters required to be fixed are fixed.
(5)If the licence holder of a vehicle subject to a notice given under subregulation (3) does not fix the matters set out in the notice within the time specified in the notice, the licence holder must not use, or allow to be used, the vehicle for carrying passengers for hire or reward until the matters set out in the notice have been fixed.
Penalty:20 penalty units.
(6)If inspection of a vehicle is required under subregulation (1), the licensing authority or a person authorised by the licensing authority may require the licence holder of the vehicle to provide any evidence that the licence holder receives from the person who inspects the vehicle, in the manner and form specified by the licensing authority or the person authorised by the licensing authority—
(a)that the vehicle has been inspected; and
(b)the result of that inspection.
(7)The licence holder must provide the evidence of the inspection required under subregulation (6) to the licensing authority within 7 days after receiving the evidence.
Penalty:5 penalty units.
22DDamaged vehicle not to be used until safe
(1)If a commercial passenger vehicle that is not a taxi-cab is damaged so as to become unsafe, the licence holder of the vehicle must not use it, or allow it to be used, to carry passengers for hire or reward until the vehicle is repaired and safe and fit for service.
Penalty:20 penalty units.
Division 3—Non-taxi commercial passenger drivers
22EDriver must not consume alcohol
The driver of a commercial passenger vehicle that is a not a taxi-cab must not consume alcohol from the time the driver commences a work shift until the time the driver finishes the work shift.
Penalty:12 penalty units.".
23Signs, symbols, notices, labels and fittings
Regulation 23(4) of the Principal Regulations is revoked.
24Regulation 25 substituted
For regulation 25 of the Principal Regulations substitute—
'25 Sign on taxi-cab
(1)The operator of a taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated unless the taxi-cab is fitted with a sign capable of being lit—
(a)that displays the word "TAXI"; and
(b)that indicates whether or not the taxi‑cab is available for hire; and
(c)that is capable of being operated by the driver of the taxi-cab seated in the normal driving position.
Penalty:10 penalty units.
(2)The driver of a taxi-cab must ensure that the sign referred to in subregulation (1) is turned off while—
(a)the taxi-cab is hired; or
(b)the taxi-cab is on a highway at a time when, by a condition of its licence, it is not permitted to be operated; or
(c)the taxi-cab is on a highway in an area in which, by a condition of its licence or by these Regulations, a hiring must not commence; or
(d)the taxi-cab is being driven to a place to pick up a passenger for a pre-booked hiring; or
(e)the taxi-cab is otherwise not available for hire.
Penalty:10 penalty units.'.
25Not for Hire signs
Regulation 27 of the Principal Regulations is revoked.
26Passenger numbers
Division 1 of Part 5 of the Principal Regulations is revoked.
27Regulation 33 substituted
For regulation 33(3) of the Principal Regulations substitute—
"(3)In this regulation, assistance animal has the same meaning as it has in the Disability Discrimination Act 1992 of the Commonwealth.".
28Regulations 38(1), 38(2), 42 and 47 revoked
Regulations 38(1), 38(2), 42 and 47 of the Principal Regulations are revoked.
29New Part 5B inserted
After Part 5A of the Principal Regulations insert—
"Part 5B—Trading in taxi‑cab licences
47CAuthorisation to trade in taxi-cab licences
For the purposes of section 150A of the Act, a person is authorised to trade in commercial passenger vehicle licences granted under Part VI of the Act that are taxi-cab licences if the person is not—
(a)in the case of a natural person, an insolvent under administration; or
(b)in the case of a corporation, an externally-administered body corporate.".
30Test of acuteness of vision
For clause 5 of Schedule 1 to the Principal Regulations substitute—
"5The test for acuteness of vision is a test conducted by—
(a)a person who is registered as an optometrist under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student); or
(b)a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).".
Part 3—Amendment of the Transport (Infringements) Regulations 2010
31Transport Infringements—Table 8 of Schedule 3 amended
(1)In Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010[2], in Column 2, for "Transport (Taxi-Cabs) Regulations 2005" substitute "Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2005".
(2)Item 145 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 is revoked.
(3)After item 146 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 insert—
| "146A | reg. 11A(2) | Licence holder failing to keep required records | 2·5 penalty units | 2454 |
| 146B | reg. 11A(3) | Licence holder failing to keep records at approved address | 2·5 penalty units | 8998 |
| 146BA | reg. 11A(4) | Licence holder failing to retain records for required period | 2·5 penalty units | 2455 |
| 146C | reg. 11A(5) | Licence holder failing to keep records in English | 1·25 penalty units | 2456 |
| 146D | reg. 11A(6) | Licence holder failing to produce records for inspection | 2·5 penalty units | 2457 |
| 146E | reg. 11A(7) | Licence holder failing to give accurate copy of records within specified time | 2·5 penalty units | 2458". |
(4)Items 148, 149, 150, 151, 152, 159 and 160 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 are revoked.
(5)After item 167 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 insert—
| "167A | reg. 22B(1) | Licence holder failing to attach signs of approved type or design | 1·25 penalty units | 2459 |
| 167B | reg. 22B(2) | Licence holder failing to attach relevant signs to vehicle in specified manner | 1·25 penalty units | 2460 |
| 167C | reg. 22B(3) | Licence holder failing to ensure required signs are clearly visible at all times | 1·25 penalty units | 2461 |
| 167D | reg. 22C(2) | Licence holder failing to comply with direction to produce vehicle for inspection | 3·75 penalty units | 2467 |
| 167E | reg. 22C(5) | Licence holder using or permitting the use of vehicle before all matters set out in notice fixed | 5 penalty units | 2468 |
| 167F | reg. 22C(7) | Licence holder failing to provide evidence of inspection within 7 days | 0·5 penalty units | 2469 |
| 167G | reg. 22E | Driver consuming alcohol while on duty | 3 penalty units | 2475". |
(6)Item 170 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 is revoked.
(7)In item 173 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010, in Column 3, for "roof sign" substitute "taxi sign".
(8)In item 174 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010—
(a)in Column 2 for "25(2)" substitute "25(1)"; and
(b)in Column 3, for "roof sign lamp" substitute "taxi sign".
(9)For item 175 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 substitute—
| "175 | reg. 25(2) | Taxi sign failing to indicate whether taxi-cab available for hire | 2·5 penalty units | 2389". |
(10)Items 181 to 185 and item 192 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 are revoked.
(11)In item 194 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010, in Column 3, for "guide dog" substitute "assistance animal".
(12)Items 200, 201, 204, 211, 212, 234 and 235 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 are revoked.
(13)After item 227 of Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 insert—
| "227A | reg. 45(4A) | Driver failing to ensure taximeter paused | 2·5 penalty units | 8999". |
32Table 9 of Schedule 3 amended
Items 236 to 255 and items 267 to 276 of Table 9 of Schedule 3 to the Transport (Infringements) Regulations 2010 are revoked.
Part 4—Amendments and revocations
33 Transport (Passenger Vehicles) Regulations 2005 amended
(1)In regulation 1 of the Transport (Passenger Vehicles) Regulations 2005[3], omit ", hire cars and other small passenger vehicles (other than taxi-cabs)".
(2)Parts 2 and 4 of, and Schedule 1 to, the Transport (Passenger Vehicles) Regulations 2005 are revoked.
(3)Regulations 20, 21, 22, 24 and 35 to 39 of the Transport (Passenger Vehicles) Regulations 2005 are revoked.
34Taxi-Cab Licences–Market and Trading Regulations 2005 and related amending regulations revoked
The following Regulations are revoked—
(a)the Transport (Taxi-Cab Licences - Market and Trading) Regulations 2005[4];
(b)the Transport (Taxi-Cab Licences - Market and Trading) (Amendment) Regulations 2008[5];
(c)the Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011[6];
(d)the Transport (Taxi-Cabs) and (Taxi-Cab Licences - Market and Trading) Amendment Regulations 2014[7].
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Endnotes
[1] Reg. 4: S.R. No. 67/2005. Reprint No. 1 as at 1 October 2008. Reprinted to S.R. No 74/2008. Subsequently amended by S.R. Nos 90/2010, 74/2011, 106/2011, 63/2014 and 65/2014.
[2] Reg. 31(1): S.R. No. 4/2010. Reprint No. 1 as at 7 August 2013. Reprinted to S.R. No. 103/2013. Subsequently amended by S.R. Nos 1/2014, 34/2014 and 149/2014.
[3] Reg. 33(1): S.R. No. 66/2005. Reprint No. 2 as at 17 May 2012. Reprinted to S.R. No. 22/2012. Subsequently amended by S.R. No. 64/2014.
[4] Reg. 34(a): S.R. No. 164/2005 as amended by S.R. Nos 41/2008, 74/2011, 106/2011 and 65/2014.
[5] Reg. 34(b): S.R. No. 41/2008.
[6] Reg. 34(c): S.R. No. 74/2011.
[7] Reg. 34(d): S.R. No. 65/2014.
——
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 2014 is $147.61 and for the financial year commencing 1 July 2015 is $151.67.
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.
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