Version No. 012
Transport (Taxi-Cabs) Regulations 1994
S.R. No. 94/1994
Version incorporating amendments as at 15 December 1998
table of provisions
Regulation Page
ii
Regulation Page
1. Objective 1
2. Authorising provisions 1
3. Commencement 1
4. Definitions 1
5. Taxi-cab licences 2
6. Driver's certificates 2
7. Licence holder must not allow uncertificated taxi-cab driving 4
8. Books or records to be kept by licence holder 5
9. Signs, symbols, notices, labels and fittings 6
10. Taxi-cab specifications 7
11. Taxi-cab construction or equipment 7
12. Emergency warning devices 8
13. Protective screens 8
13A. Boot lock release devices 9
13B. Driver duress alarms 9
13C. Secretary may exempt taxi-cabs from regulation 13A or 13B 10
14. Livery 10
15. Sign on roof of taxi-cab 11
16. Tariff lamps 12
17. Not for Hire signs 13
18. Air conditioner 13
19. Inspection of taxi-cabs 13
20. Interference with equipment in or on taxi-cab 15
21. Maximum number of passengers 15
22. Passenger routes 15
23. Revoked 16
24. Driver to remain with taxi-cab 16
25. Driver's appearance 17
26. Driver not to consume alcohol 17
27. Smoking prohibited in taxi-cabs 17
28. Animals 17
29. Picking up and setting down passengers 17
30. Passenger behaviour 18
31. Passenger assistance 18
32. Property found in taxi-cabs 18
33. Taxi-stands 19
34. Hiring charges, detention rates, multiple hirings and receipts 20
35. Taximeters 22
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SCHEDULES 25
SCHEDULE 1—Test of acuteness of vision 25
SCHEDULE 2—Taxi-cab specifications 26
SCHEDULE 3—Application of third edition Australian Design Rules (ADR) to taxi-cabs manufactured before 1 July 1988 28
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ENDNOTES 29
1. General Information 29
2. Table of Amendments 30
3. Explanatory Details 31
ii
Version No. 012
Transport (Taxi-Cabs) Regulations 1994
S.R. No. 94/1994
Version incorporating amendments as at 15 December 1998
1
S.R. No. 94/1994
Transport (Taxi-Cabs) Regulations 1994
1. Objective
The objective of these Regulations is to regulate the operation of taxi-cabs.
2. Authorising provisions
These Regulations are made under sections 162 and 256 of the Transport Act 1983.
3. Commencement
These Regulations come into operation on 1 July 1994.
4. Definitions
In these Regulations—
"Act" means the Transport Act 1983;
"driver's certificate" means a driver's certificate issued under section 156 of the Act to drive a taxi-cab;
"licence" means a licence issued to a person under section 139 of the Act to operate a specified taxi-cab;
"Secretary" means the Secretary to the Department of Transport;
"taximeter" means a mechanical, electrical or electronic instrument approved by the Secretary which records and displays information about taxi-cab fares and hiring charges.
5. Taxi-cab licences
r. 5
(1) A licence holder must return the licence to the Secretary within 7 days if—
(a) the licence becomes illegible, altered or defaced; or
(b) the Secretary notifies the holder in writing that the licence is suspended or revoked; or
(c) the holder changes the address shown on the licence as the holder's address; or
(d) the holder changes the seating capacity of the taxi-cab.
Penalty: 10 penalty units.
(2) The Secretary may issue a duplicate licence if he or she is satisfied that the licence is altered, defaced or illegible or that it has been lost, stolen or destroyed.
6. Driver's certificates
(1) A person must not drive a taxi-cab unless the person holds a driver's certificate.[1]
(2) It is a condition of every driver's certificate that the holder—
(a) continue to hold for the duration of the certificate a full driver licence to drive a motor vehicle under the Road Safety Act 1986; and
(b) display in any taxi-cab which the holder is driving a recent colour photograph of the holder in a form and position approved by the Secretary.
(3) A person must not breach any condition set out in the driver's certificate.
Penalty: 8 penalty units.
(4) Sub-regulation (1) does not apply if a person is driving a taxi-cab to test it and there are no passengers in the taxi-cab.
(5) The Secretary may require an applicant for a driver's certificate to—
(a) give the Secretary 3 recent colour passport size photographs of the applicant showing the applicant's head and full face only; and
(b) pass any test and hold any qualification specified by the Secretary that relates to the applicant's fitness to drive a taxi-cab; and
r. 6
(c) give the Secretary a certificate from a legally qualified medical practitioner to the effect that the applicant is not suffering from any condition which would prevent the applicant from driving a taxi-cab; and
(d) give the Secretary a certificate from a legally qualified medical practitioner, an optometrist or an opthamologist to the effect that the applicant has passed the test of acuteness of vision set out in Schedule 1.
(6) The Secretary may grant a driver's certificate for any period up to 3 years.
(7) The holder of a driver's certificate must sign the certificate as soon as the holder has received it from the Secretary.
Penalty: 5 penalty units.
(8) If the holder of a driver's certificate changes the address shown on the certificate as the holder's address the holder must notify the details of the change to the Secretary within 3 days of the change and must within 7 days of the change send the certificate to the Secretary.
Penalty: 5 penalty units.
(9) The holder of a driver's certificate must immediately return the certificate to the Secretary if—
(a) the certificate becomes illegible or is altered or defaced; or
(b) the Secretary notifies the certificate holder in writing of the revocation or suspension of the certificate; or
(c) the holder's driver's licence is suspended, cancelled or expires.
Penalty: 10 penalty units.
(10) The Secretary may issue a duplicate driver's certificate if he or she is satisfied that the certificate has become illegible, altered or defaced or that it has been stolen, lost or destroyed.
Reg. 6(11) inserted by S.R. No. 101/1996 reg.4(1).
(11) The Secretary may exempt the holder of a driver's certificate from the condition specified in sub-regulation (2)(a) if satisfied that the holder—
(a) holds a probationary driver licence to drive a motor vehicle under the Road Safety Act 1986; and
(b) is fit to drive a tax-cab on account of his or her age, experience or other special circumstances.
7. Licence holder must not allow uncertificated taxi-cab driving
r. 7
(1) A licence holder or owner of a taxi-cab must not allow a person who does not hold a driver's certificate to drive a taxi-cab operated by the licence holder or taxi-cab owner.
Penalty: 10 penalty units.
(2) It is a defence to a charge under sub-regulation (1) for the person charged to prove that the person charged believed, after making all reasonable enquiries, that the driver held a driver's certificate which authorised him or her to drive the taxi-cab.
(3) A person who is allowed to drive a taxi-cab must notify the licence holder or taxi-cab owner if he or she does not hold or continue to hold a driver's certificate which authorises him or her to drive the taxi-cab.
Penalty: 10 penalty units.
8. Books or records to be kept by licence holder
r. 8
(1) A licence holder must keep the following books or records about the operation of any taxi-cab operated by the licence holder—
(a) the revenue earned; and
(b) the kilometres travelled; and
(c) the number of hirings of the taxi-cab; and
(d) the costs incurred in operating and maintaining the taxi-cab; and
(e) an up to date record of the names, addresses, driver licence numbers and driver certificate numbers of every person who has been driving the taxi-cab so that the identity of the driver at any time can be ascertained; and
(f) any other books or records that the licence holder is required to keep as a condition of the licence.
Penalty: 10 penalty units.
(2) The licence holder must keep the books and records—
(a) at an address approved by the Secretary;
(b) for a period of at least 3 years from the date the records or last entries in the books were made.
Penalty: 5 penalty units.
(3) The books and records must be kept in the English language.
Penalty: 5 penalty units.
(4) The licence holder must make the books and records available for inspection upon demand to a member of the police force, the Secretary or a person approved by the Secretary.
Penalty: 10 penalty units.
(5) The licence holder must within a reasonable time, if asked by a member of the police force, the Secretary or a person approved by the Secretary, give the member, Secretary or person an accurate copy of any of the books or records.
Penalty: 10 penalty units.
9. Signs, symbols, notices, labels and fittings
r. 9
(1) A licence holder or owner of a taxi-cab must attach to the taxi-cab any sign, symbol, notice or label required by the Secretary.
Penalty: 5 penalty units.
(2) The sign, symbol, notice or label must only be attached in or on the taxi-cab as directed by the Secretary and must be of a type or design approved by the Secretary.
Penalty: 5 penalty units.
(3) The sign, symbol, notice or label must be clearly visible at all times.
Penalty: 5 penalty units.
(4) The licence holder, owner of a taxi-cab or taxi-cab driver must not fit or attach any matter or thing to either the inside or outside of the taxi-cab without the approval of the Secretary.
Penalty: 5 penalty units.
10. Taxi-cab specifications
r. 10
(1) The licence holder or owner of a taxi-cab must ensure that the taxi-cab complies with all the specifications set out in Schedule 2 that are applicable to the taxi-cab.
Penalty: 20 penalty units.
(2) The licence holder or owner of a taxi-cab manufactured before 1 July 1988 must also ensure that the taxi-cab complies with all the Australian Design Rule requirements set out in Schedule 3 (as modified by that Schedule) that are applicable to the taxi-cab.
Penalty: 20 penalty units.
(3) The Secretary may exempt a taxi-cab from any requirement set out in Schedule 2 or 3 that is applicable to the taxi-cab which in the Secretary's opinion is inappropriate to the nature or construction of the taxi-cab or to the circumstances in which the taxi-cab is licensed to operate.
11. Taxi-cab construction or equipment
(1) A licence holder, owner of a taxi-cab or taxi-cab driver must not make, or allow to be made, any alteration to the construction or equipment of the taxi-cab without the written approval of the Secretary.
Penalty: 20 penalty units.
(2) If an alteration has been made to the construction or equipment of a taxi-cab, the licence holder, owner of the taxi-cab or taxi-cab driver must not use the taxi-cab until the Secretary, or a person approved by the Secretary, has inspected the vehicle and found it to be fit and serviceable.
Penalty: 20 penalty units.
12. Emergency warning devices
r. 12
(1) The licence holder or owner of a taxi-cab must fit the taxi-cab with an emergency warning device approved by the Secretary.
Penalty: 10 penalty units.
(2) The emergency warning device must have an activating switch readily accessible by the driver of the taxi-cab when the driver is seated in his or her normal driving position.
Penalty: 10 penalty units.
(3) In addition to the emergency warning device, the licence holder or owner of a taxi-cab may fit other emergency warning devices approved by the Secretary.
(4) Any additional emergency warning device must be fitted in a manner approved by the Secretary.
Penalty: 10 penalty units.
13. Protective screens[2]
(1) A licence holder, owner of a taxi-cab or taxi-cab driver may fit inside the taxi-cab a protective screen approved by the Secretary.
(2) The protective screen must be fitted in a manner approved by the Secretary.
Penalty: 10 penalty units.
Reg. 13A inserted by S.R. No. 191/1995 reg.4.
13A. Boot lock release devices
r. 13A
(1) The licence holder or owner of a taxi-cab must fit the taxi-cab with a boot lock release device approved by the Secretary.
Penalty: 10 penalty units.
(2) The licence holder or owner must ensure that the boot lock release device—
(a) can be operated from inside the boot compartment; and
(b) cannot be made inoperable from outside the boot compartment when the boot is closed; and
(c) is kept in a fit and serviceable condition.
Penalty: 10 penalty units.
Reg. 13B inserted by S.R. No. 191/1995 reg.4.
13B. Driver duress alarms
(1) The licence holder or owner of a taxi-cab must fit the taxi-cab with a driver duress alarm approved by the Secretary.
Penalty: 10 penalty units.
(2) The licence holder or owner must ensure that the driver duress alarm—
(a) can display, to the outside of a taxi-cab, a message in a form approved by the Secretary that the driver of the taxi-cab is in danger; and
(b) can be activated from inside the boot compartment of the taxi-cab; and
(c) can simultaneously activate the emergency warning device required by regulation 12(1); and
(d) is fitted in a manner approved by the Secretary; and
(e) is kept in a fit and serviceable condition.
Penalty: 10 penalty units.
Reg. 13C inserted by S.R. No. 191/1995 reg.4.
13C. Secretary may exempt taxi-cabs from regulation 13A or 13B
r. 13C
(1) The Secretary may exempt—
(a) a licence holder or owner from having to comply with regulation 13A or 13B with respect to a particular taxi-cab either indefinitely or for a specified period.
Reg. 13C
(1)(b)(c)
revoked by S.R. No. 162/1996 reg.3.
* * * * *
(2) The Secretary may impose conditions on any exemption granted under this regulation.
14. Livery
(1) The licence holder or owner of a taxi-cab must display on the outside of the taxi-cab, in the manner approved by the Secretary, the name, trade mark, trade name, address and telephone number of the depot with which the licence holder is associated.
Penalty: 10 penalty units.
(2) The licence holder or owner of a taxi-cab must not allow the taxi-cab to be operated unless it is painted in a colour or colours approved by the Secretary.