Transport (Taxi-Cab Industry Accreditation) Amendment Regulations 2014

Transport (Taxi-cab Industry Accreditation) Amendment Regulations 2014

S.R. No. 62/2014

table of provisions

RegulationPage

1Objective

2Authorising provisions

3Principal Regulations

4Commencement

5Objective

6Definitions

7Regulation 5 substituted

5Applications for accreditation

8Regulation 6 revoked

9How records are to be kept

10Part 5 substituted

Part 5—Driver and Vehicle Related Conditions

12Driver health and fitness

13Wheelchair accessible taxi-cab drivers

14Training in use of equipment in or on a taxi-cab

15Driver rights and obligations

16Vehicle condition

11New Parts 6 and 7 inserted

Part 6—Complaints Handling

17Complaints handling—taxi-cab operators

18Complaints handling in respect of taxi-cab operations—providers of taxi-cab network services

19Complaints handling in respect of taxi-cab network services—providers of taxi-cab network services

20Providers of taxi-cab network services must establish
a complaints handling system

Part 7—Global Positioning Systems

21Global positioning systems

22Global positioning system records to be kept

23Global positioning system records to be provided

12Information to be recorded and kept by taxi-cab operators

13Information to be recorded and kept by large primary network service providers

14Information to be recorded and kept by intermediate and small primary network service providers

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ENDNOTES

S.R. No. 62/2014

Transport (Taxi-cab Industry Accreditation) Amendment Regulations 2014

statutory rules 2014

S.R. No. 62/2014

Transport (Taxi-cab Industry Accreditation) Amendment Regulations 2014

Transport (Compliance and Miscellaneous) Act 1983

S.R. No. 62/2014

Transport (Taxi-cab Industry Accreditation) Amendment Regulations 2014

Transport (Taxi-cab Industry Accreditation) Amendment Regulations 2014

S.R. No. 62/2014

Transport (Taxi-cab Industry Accreditation) Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 17 June 2014

Responsible Minister:

TERRY MULDER

Minister for Public Transport

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transport (Taxi-cab Industry Accreditation) Regulations 2007 as a consequence of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 including by—

(a)reducing taxi-cab industry accreditation entry requirements; and

(b) making a range of other minor and technical changes to improve the regulation and oversight of taxi-cab services in Victoria.

2Authorising provisions

r. 2

These Regulations are made under sections 137Eand 162 of the Transport (Compliance and Miscellaneous) Act 1983.

3Principal Regulations

In these Regulations, the Transport (Taxi-cab Industry Accreditation) Regulations 2007[1]are called the Principal Regulations.

4Commencement

These Regulations come into operation on 30 June 2014.

5Objective

In regulation 1(a) of the Principal Regulations, for "safe, reliable and efficient" substitute "safe and reliable".

6Definitions

In regulation 4 of the Principal Regulations—

(a)the definitions approved accountant,bailee driverand business and service standard are revoked; and

(b) in the definition of taximeter, for "charges."substitute "charges;"; and

(c) in the note at the foot of the definition of taximeter, for "the Secretary to the Department of Transport" substitute "theTaxi Services Commission"; and

(d) insert the following definitions—

"AS ISO 10002—2006 means the Standard AS ISO 10002—2006 Customer Satisfaction—Guidelines for complaints handling in organizations;

system data means data relating to the operation of the global positioning system, including data about malfunctions, tampering or attempted tampering and activation of emergency warning devices;

Telematics In-Vehicle Unit (IVU) Functional and Technical Specification means the Telematics In-Vehicle Unit (IVU) Functional and Technical Specification, published by Transport Certification Australia in November 2013;

travel data means,in relation to any taxi-cab, information about the position, speed and direction of that taxi-cab whenever that taxi-cab is operating and includes the date and time that the information is generated.".

7Regulation 5 substituted

r. 7

For regulation 5 of the Principal Regulationssubstitute—

"5Applications for accreditation

For the purposes of section 132(2)(b)(ii) of the Act, an application must be accompanied by—

(a)evidence as to whether or not the applicant, and each relevant person in relation to the applicant, has been found guilty of a tier 1 offence, a tier 2 offence or a tier 3 offence; and

(b)in each case where the applicant, or a relevant person in relation to the applicant, has been found guilty of a tier 1 offence, a tier 2 offence or a tier 3 offence—

(i) a description of the offence; and

(ii) the details of any sentencing order made on that finding of guilt.".

8Regulation 6 revoked

r. 8

Regulation 6 of the Principal Regulations is revoked.

9How records are to be kept

In regulation 9 of the Principal Regulations—

(a)for "regulations 6, 7 and 8" substitute "regulations 7, 8 and 22"; and

(b)aftersubregulation (c) insert—

"(ca)in the case of a record referred to in regulation 22, for a period of 3 years commencing on the date the record was created; and"; and

"(d)in the case of a record not referred to in paragraphs (c) or (ca), for a period of 5years commencing on the date the record was created.".

10Part 5 substituted

For Part 5 of the Principal Regulationssubstitute—

"Part5—Driverand Vehicle Related Conditions

12Driver health and fitness

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must take reasonable steps to verify that a driver of a taxi-cab operated or permitted to be operated by that person is of sufficient good health and fitness to operate the taxi-cab.

13Wheelchair accessible taxi-cab drivers

r. 10

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must not operate or permit to be operated a taxi-cab that is a wheelchair accessible taxi-cab unless the driver of that taxi-cab has successfully completed—

(a)any specified course of training required by the licensing authority under section 167 of the Act; and

(b)any specified course of training required to be undertaken under a condition of the driver accreditation held by the driver.

Note

See section 169A(2A) of the Act.

14Training in use of equipment in or on a taxi-cab

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must not operate or permit to be operateda taxi-cab unless the driver of the taxi-cab has successfully completed—

(a)any specified course of training in the use of equipment installed in or on the taxi-cab required by the licensing authority under section 167 of the Act; and

(b)any specified course of training required to be undertaken under a condition of the driver accreditation held by the driver.

Note

See section 169A(2A) of the Act.

15Driver rights and obligations

r. 10

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must take all reasonable steps to ensure that a driver who operates or is to operate a taxi-cab operated or permitted to be operated by the person understands the driver's rights and obligations in relation to the taxi-cab and any equipment installed in or on the taxi-cab.

16Vehicle condition

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must take all reasonable steps to ensure the following in respect of every taxi-cab operated or permitted to be operated by that person—

(a)thetaxi-cab is in a fit and serviceable condition at the beginning of every shift; and

(b)faults in, and damage to, the taxi-cab (ifany) affecting the fitness and serviceability of the vehicle are reported to the licensing authority as soon as practicable; and

(c)the cleanliness of the taxi-cabat the beginning of every shift.

______".

11New Parts 6 and 7 inserted

r. 11

After Part 5 of the Principal Regulationsinsert—

"Part6—Complaints Handling

17Complaints handling—taxi-cab operators

(1)The accreditation of a person as a taxi-cab operator is subject to the condition that the person must ensure that—

(a)every complaint relating to the operation of a taxi-cab operated, or permitted to be operated by that person, is investigated promptly; and

(b)any action required to adequately address the complaint is taken promptly.

(2)Subregulation (1) does not apply if a person who is accredited as a provider of taxi-cab network services provides, in accordance with an arrangement with the person, a complaints handling system on that person's behalf in relation to taxi-cabs operated, or permitted to be operated by that person.

18Complaints handling in respect of taxi-cab operations—providers of taxi-cab network services

(1)This regulation applies if there is an arrangement in effect between a person who is accredited as a provider of taxi-cab network services and a person who is accredited as a taxi-cab operator (the taxi-cab operator) that relates to the operation of taxi-cabs operated or permitted to be operated by the taxi-cab operator (thenetwork services arrangement).

(2)The accreditation of a person as a provider of taxi-cab network services is subject to the condition that the person must ensure that—

(a)every complaint relating to the operation of a taxi-cab to which the network services arrangement relates is investigated promptly; and

(b)any action required to adequately address the complaint is taken promptly.

19Complaints handling in respect of taxi-cab network services—providers of taxi-cab network services

r. 11

The accreditation of a person as a provider of taxi-cab network services is subject to the condition that the person must ensure that—

(a)every complaint relating to taxi-cab network services (within the meaning of Division 4 of Part VI of the Act) the person provides is investigated promptly; and

(b)any action required to adequately address the complaint is taken promptly.

20Providers of taxi-cab network services must establish a complaints handling system

The accreditation of a person as a provider of taxi-cab network services is subject to the condition that the person must, for the purposes of regulations 18 and 19, establish, implement and maintain a complaints handling system that is consistent with ASISO 10002—2006.

______

Part 7—Global Positioning Systems

r. 11

21Global positioning systems

The operator of a taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated under licences in which the Melbourne Metropolitan Zone is specified and which are held by or assigned to the operator unless the taxi-cab is fitted with a functioning global positioning system that meets the Telematics In-Vehicle Unit (IVU)Functional and Technical Specification.

Penalty:20 penalty units.

22Global positioning system records to be kept

The accreditation of a person as a taxi-cab operator is subject to the condition that the person keep records, or arrange for records to be kept, in accordance with regulation 9, of system data and travel data in relation to taxi-cabs operated or permitted to be operated under licences in which the Melbourne Metropolitan Zone is specified.

23Global positioning system records to be provided

(1)The licensing authority,by written notice, may direct a taxi-cab operator or, where another person is permitted to operate a taxi-cab, that person, to provide to the licensing authority any record referred to in regulation22.

(2)A person given a direction under subregulation (1) must comply with the direction without delay unless the person has a reasonable excuse.

Penalty:10 penalty units.

______".

12Information to be recorded and kept by taxi-cab operators

r. 12

In Schedule 1 to the Principal Regulations—

(a)for item 1(h) substitute—

"(h)the contents of all driver agreements entered into by the taxi-cab operator; and";

(b)for item 1(i) substitute—

"(i) the results of all inspections of the taxi-cab conducted by or on behalf of the operator; and";

(c)for item 1(l) substitute—

"(l)details of all steps taken by the operator to meet the requirements of Part 5 of these Regulations.";

(d)items 1(m) and 1(n) arerevoked.

13Information to be recorded and kept by large primary network service providers

In Schedule 2 to the Principal Regulations—

(a)in item 5, omit", or as required in order to meet a business and service standard applicable to the provider's accreditation";

(b)in item 6, for "in order to meet a business and service standard applicable to the provider's accreditation" substitute"byPart7 of these Regulations—";

(c)in item 7, for "meet the requirements (ifany) of a business and service standard applicable to the provider's accreditation in relation to the training of" substitute "train".

14Information to be recorded and kept by intermediate and small primary network service providers

r. 14

In Schedule 3 to the Principal Regulations, in item7, for "meet the requirements (if any) of a business and service standard applicable to the provider's accreditation in relation to the training of" substitute "train".

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S.R. No. 62/2014

Transport (Taxi-cab Industry Accreditation) Amendment Regulations 2014

ENDNOTES

Endnotes

[1] Reg. 3: S.R. No. 149/2007. Reprint No. 1 as at 7 August 2013. Reprinted to S.R. No. 111/2012.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document
Regulation 20 / Standard AS ISO 10002—2006 Customer Satisfaction—Guidelines for complaints handling in organizations (ISO 10002.2004, MOD incorporating Amendment No. 1), published by Standards Australia on 5 April 2006 / The whole
Regulation 21 / Telematics In-Vehicle Unit (IVU) Functional and Technical Specification, published by Transport Certification Australia in November 2013 / The whole