Transport (Taxi-Cabs) Regulations 2005

Version No. 017

Transport (Taxi-Cabs) Regulations 2005

S.R. No. 67/2005

Version incorporating amendments as at
1 July 2014

table of provisions

RegulationPage

Part 1—Preliminary Matters

1Objectives

2Authorising provisions

3Definitions

Part 2—Driver Accreditation, Photo Cards, Licences and Records

Division 1—Driver accreditation

4Prescribed class of person to give medical certificate

5Test of acuteness of vision

6Photo display for taxi-cab drivers

7Licensing authority may issue driver's photo card

8Driver's photo to be displayed in taxi-cab

Division 2—Licences

10Taxi-cab licences

Division 3—Records

11Records

Part 3—Vehicles

12Taxi-cab specifications

13Taxi-cab construction or equipment

13AUse of equipment

14Emergency warning devices

15Security cameras

16Protective screens

17Boot lock release devices

18Air conditioner

19Inspection of taxi-cabs

20Notice to rectify defects

21Evidence of inspection

22Interference with equipment in or on taxi-cab

Part 4—Livery, Lamps, Signs etc.

23Signs, symbols, notices, labels and fittings

23AInformation about maximum fares or hiring rates

24Livery

25Sign on roof of taxi-cab

26Tariff lamps

27Not for Hire signs

Part 5—Vehicle Operations

Division 1—Passenger numbers

28Maximum number of passengers

Division 2—Driver responsibilities

29Passenger routes

29ADestination signs

30Driver to remain with taxi-cab

31Driver's appearance

33Animals

34Passenger amenities

35Picking up and setting down passengers

36Passenger behaviour

37Passenger assistance

38Taxi zones

Division 3—Fares, charges and taximeters

39Fares and additional charges

40Multiple hirings

41Capacity to pay

42Request for driver to return or wait

43Payment of fares and additional charges

44Taximeters

45Operation of taximeters

45APrescribed information—notices of maximum fares or hiring rates

Division 4—General

46Smoking prohibited in taxi-cabs

46ANo drinking liquor or possessing open liquor containers

47Property found in taxi-cabs

47AIdentity cards for taxi compliance officers

Part 5A—Taxi Non-cash Payment Surcharges

47BRecords to be kept of non-cash payment surcharges

Part 6—Transitional Provisions—Transport (Compliance and Miscellaneous) (Taxi-Cabs) Amendment Regulations 2011

48Definition

49Regulatory instruments

50Approval to fit a security camera to a taxi cab

51Approval of uniform design

Part 7—Transitional Provisions—Transport
(Taxi-Cabs) and (Taxi-Cab licences—Market and Trading) Amendment Regulations 2014

52Definition

53When this Part takes effect

54Regulatory instruments

55Approval to fit a security camera to a taxi cab

56Approval of uniform design

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SCHEDULES

SCHEDULE 1—Test of Acuteness of Vision

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 017

Transport (Taxi-Cabs) Regulations 2005

S.R. No. 67/2005

Version incorporating amendments as at
1 July 2014

Part 2—Driver Accreditation, Photo Cards, Licences and Records

Transport (Taxi-Cabs) Regulations 2005

S.R. No. 67/2005

Part 1—Preliminary Matters

1Objectives

The objectives of these Regulations are to prescribe measures intended to enhance passenger and driver safety and the reliability and quality of taxi-cab services, including requirements for or in relation to—

Reg. 1(a) amended by S.R. No. 69/2007 reg. 5.

(a)driver accreditation, conduct and presentation;

(b)taxi-cab construction, equipment, appearance and operation;

(c)hirings, the charging and payment of fares and charges and the operation of taximeters;

(d)the conduct of passengers.

Reg. 2 amended by S.R. Nos 74/2011 reg. 11, 106/2011 reg. 9, 65/2014 reg. 6, 63/2014 reg. 5.

2Authorising provisions

These Regulations are made under sections 162, 228RZI, 256, 318 and 350 of the Transport (Compliance and Miscellaneous) Act 1983.

3Definitions

r. 3

(1)In these Regulations—

Reg. 3(1) def. of
Act amended by S.R. No. 106/2011 reg. 10.

Act means the Transport (Compliance and Miscellaneous) Act 1983;

Reg. 3(1) def. of approved arrangements inserted by S.R. No. 149/2007 reg. 12, amended by S.R. No. 74/2011 reg. 12, revoked by S.R. No. 63/2014 reg. 6(1)(a).

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drive in relation to a taxi-cab, includes to be in control of the taxi-cab;

driver in relation to a taxi-cab, means any person who drives the taxi-cab;

Reg. 3(1) def. of
driver's certificate revoked by S.R. No. 69/2007 reg. 6(a).

*****

Reg. 3(1) def. of
driver's photo card substituted by S.R. No. 69/2007 reg. 6(c).

driver's photo card means a card issued to the holder of a taxi-cab driver accreditation under regulation 7;

Reg. 3(1) def. of
hirer inserted by S.R. No. 74/2008 reg. 5(1).

hirer in relation to a taxi-cab, includes a person who is attempting to hire the taxi-cab;

r. 3

Reg. 3(1) def. of
licence amended by S.R. No. 69/2007 reg. 6(b).

licence means a taxi-cab licence;

licence holder means the holder of a licence;

Reg. 3(1) def. of licensed taxi tester amended by S.R. No. 63/2014 reg. 6(1)(b).

licensed taxi tester means a licensed vehicle tester who is licensed under Chapter 6 of the Road Safety (Vehicles) Regulations 2009 to examine and test taxi-cabs;

Reg. 3(1) def. of licensed vehicle tester amended by S.R. No. 63/2014 reg. 6(1)(c).

licensed vehicle tester means a person who is licensed under Chapter 6 of the Road Safety (Vehicles) Regulations 2009 to examine and test light vehicles within the meaning of those Regulations;

Reg. 3(1) def. of
operate revoked by S.R. No. 69/2007 reg. 6(a).

*****

Reg. 3(1) def. of operator revoked by S.R. No. 69/2007 reg. 6(a).

*****

Reg. 3(1) def. of registered medical practitioner revoked by S.R. No. 69/2007 reg. 6(a).

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r. 3

Reg. 3(1) def. of registered optometrist revoked by S.R. No. 69/2007 reg. 6(a).

*****

Reg. 3(1) def. of taxi cab driver accreditation inserted by S.R. No. 69/2007 reg. 6(d).

taxi-cab driver accreditation means driver accreditation accrediting a person to drive a taxi-cab;

Reg. 3(1) def. of taximeter amended by S.R. No. 69/2007 reg. 6(b).

taximeter means a mechanical, electrical or electronic instrument approved by the licensing authority which records and displays information about taxi-cab fares and hiring charges;

Reg. 3(1) def. of taxi zone amended by S.R. No. 63/2014 reg. 6(1)(d).

taxi zone means a length of highway designated as a taxi zone under the Road Safety Road Rules 2009;

Reg. 3(1) def. of termination amended by S.R. No. 74/2008 reg. 5(2).

termination in relation to the hiring of a taxi-cab, means the time when the hiring ends for any reason including because—

(a)the agreed destination for the hiring has been reached; or

(b)the hirer has requested the termination before the agreed destination for the hiring has been reached; or

(c)the driver of the taxi-cab has refused in accordance with regulation 36(1) or 41(7) to continue to carry the hirer or a person accompanying the hirer.

(2)In these Regulations, a reference to a condition of a licence includes a reference to a condition attaching to a licence.

Reg. 3(3) revoked by S.R. No. 63/2014 reg. 6(2).

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r. 3

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Pt 2 (Heading) substituted by S.R. No. 69/2007 reg. 7, amended by S.R. No. 149/2007 reg. 14(1).

Part 2—Driver Accreditation, Photo Cards, Licences and Records

Pt 2 Div 1 (Heading and regs 4–9) substituted by S.R. No. 69/2007 reg. 8.

Division 1—Driver accreditation

Reg. 4 substituted by S.R. No. 69/2007 reg. 8, amended by S.R. No. 63/2014 reg. 7.

4Prescribed class of person to give medical certificate

r. 4

For the purposes of section 167(2)(a) of the Act, a prescribed class of person is a registered medical practitioner within the meaning of the Health Practitioner Regulation National Law.

Reg. 5 substituted by S.R. No. 69/2007 reg. 8.

5Test of acuteness of vision

For the purposes of section 167(2)(b) of the Act, the prescribed vision acuteness test is the test set out in Schedule 1.

Reg. 6 substituted by S.R. No. 69/2007 reg. 8.

6Photo display for taxi-cab drivers

Reg. 6(1) amended by S.R. No. 74/2011 reg. 13.

(1)The licensing authority may require the holder of a taxi-cab driver accreditation—

Reg. 6(1)(a) amended by S.R. No. 74/2011 reg. 13.

(a)to be photographed or have a digitised image of himself or herself made, at a place and in a manner specified by the licensing authority; and

Reg. 6(1)(b) amended by S.R. No. 74/2011 reg. 13.

(b)to give the licensing authority 3 recent colour passport size photographs of the applicant showing his or her head and full face only; and

Reg. 6(1)(c) amended by S.R. No. 74/2011 reg. 13.

(c)to give the licensing authority a specimen of the holder's signature in a manner specified by the licensing authority.

(2)The holder of a taxi-cab driver accreditation must comply with a requirement under subregulation (1).

Penalty: 5 penalty units.

Note to reg. 6(2) inserted by S.R. No. 63/2014 reg. 8.

Note

The licensing authority is defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Taxi Services Commission.

Reg. 7 (Heading) amended by S.R. No. 74/2011 reg. 14(1).

Reg. 7 substituted by S.R. No. 69/2007 reg. 8, amended by S.R. No. 74/2011 reg. 14(2).

7Licensing authority may issue driver's photo card

r. 7

The licensing authority may issue a card to the holder of a taxi-cab driver accreditation which includes—

Reg. 7(a) amended by S.R. No. 74/2011 reg. 14(2).

(a)a photograph or digitised image of the holder obtained by the licensing authority under regulation 6 or under section 167(2) of the Act; and

(b)the number of the certificate of accreditation issued under section 169D of the Act; and

(c)the date on which the accreditation expires.

Reg. 8 substituted by S.R. No. 69/2007 reg. 8, amended by S.R. No. 74/2011 reg. 15.

8Driver's photo to be displayed in taxi-cab

r. 8

The holder of a taxi-cab driver accreditation, who has been issued with a driver's photo card, must display the photo card in the taxi-cab the holder is driving, in a position approved by the licensing authority for the type of vehicle being driven.

Penalty: 5 penalty units.

Reg. 9 revoked by S.R. No. 69/2007 reg. 8.

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Division 2—Licences

10Taxi-cab licences

(1)A licence holder must return the licence to the licensing authority within 7 days if—

(a)the licence becomes illegible, altered or defaced; or

(b)the licence holder changes address from that shown on the licence as the licence holder's address.

Penalty: 5 penalty units.

(2)A licence holder must return the licence to the licensing authority within 7 days if—

(a)the licensing authority notifies the licence holder in writing that the licence is suspended, cancelled or revoked; or

Reg. 10(2)(ab) inserted by S.R. No. 149/2007 reg. 13.

(ab)the licence is suspended or revoked by force of section 156A of the Act; or

(b)the licence holder changes the seating capacity of the taxi-cab.

Penalty: 10 penalty units.

(3)The licensing authority may issue a duplicate licence if it is satisfied that the licence is altered, defaced or illegible or that it has been lost, stolen or destroyed.

Pt 2 Div. 3 (Heading) substituted by S.R. No. 149/2007 reg. 14(2).

Division 3—Records

Reg. 11 substituted by S.R. No. 149/2007 reg. 14(3).

r. 11

11Records

Reg. 11(1) amended by S.R. No. 63/2014 reg. 9(1).

(1)A police officer may request an operator of a taxi-cab to—

Reg. 11(1)(a) amended by S.R. No. 63/2014 reg. 9(2).

(a)make available a specified record to the officer for inspection by the officer; or

Reg. 11(1)(b) amended by S.R. No. 63/2014 reg. 9(2).

(b)give the officer, within a period specified by the officer, an accurate copy of a specified record.

Reg. 11(2) amended by S.R. No. 63/2014 reg. 9(1).

(2)A period of time specified by a police officer under subregulation (1)(b) must be reasonable.

(3)An operator of a taxi-cab must without delay comply with a request under subregulation (1)(a).

Penalty: 10 penalty units.

(4)An operator of a taxi-cab must comply with a request under subregulation (1)(b).

Penalty: 10 penalty units.

(5)In this regulation—

r. 11

specified record means a record of information described in items 1(a) and (g) of Schedule 1 to the Transport (Taxi-cab Industry Accreditation) Regulations 2007 that the operator is required to keep under regulation 7 of those Regulations.

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Part 3—Vehicles

12Taxi-cab specifications

r. 12

(1)The licensing authority may determine and publish in the Government Gazette specifications for all taxi-cabs, or a class of taxi-cabs, with which a taxi-cab, or a taxi-cab of that class, must comply.

(2)The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the taxi-cab complies with all specifications under subregulation (1) which are applicable to the taxi-cab.

Penalty: 20 penalty units.

(3)The licensing authority may exempt a taxi-cab from complying with any specification under subregulation (1) that would otherwise be applicable to the taxi-cab if, in the opinion of the licensing authority, the specification is inappropriate to the nature or construction of the taxi-cab or to the circumstances in which the taxi-cab is licensed to operate.

13Taxi-cab construction or equipment

(1)The operator or owner or driver of a taxi-cab must not make, or permit to be made, any alteration to the construction or equipment of the taxi-cab without the written approval of the licensing authority.

Penalty: 20 penalty units.

(2)If an alteration has been made to the construction or equipment of a taxi-cab—

(a)the operator of the taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated; and

(b)a person must not drive the taxi-cab for the purpose of operating it—

until the licensing authority, or a person authorised by the licensing authority, has inspected the vehicle and found it to be fit and serviceable.

r. 13

Penalty: 20 penalty units.

Reg. 13(3) inserted by S.R. No. 74/2008 reg. 6.

(3)The operator or owner or driver of a taxi-cab must not install any equipment in or on, or fit any equipment to, the taxi-cab without the written approval of the licensing authority.

Penalty: 15 penalty units.

Reg. 13(4) inserted by S.R. No. 74/2008 reg. 6.

(4)The operator or owner or driver of a taxi-cab must not permit any equipment to be installed in or on, or fitted to, the taxi-cab without the written approval of the licensing authority.

Penalty: 15 penalty units.

Reg. 13(5) inserted by S.R. No. 74/2008 reg. 6.

(5)Subregulations (3) and (4) do not apply to equipment installed in or on, or fitted to, the taxi-cab in compliance with—

(a)any other provision of these Regulations; or

(b)the conditions of the licence applicable to the taxi-cab or the class of taxi-cab to which the taxi-cab belongs.

Reg. 13A inserted by S.R. No. 74/2008 reg. 7.

13AUse of equipment

(1)The operator or owner or driver of a taxi-cab must not use, or permit to be used, any equipment in the taxi-cab, in connection with the operation of the taxi-cab without the written approval of the licensing authority.

Penalty: 15 penalty units.

(2)Subregulation (1) does not apply to the use of—

(a)a mobile phone; or

(b)equipment installed in or on, or fitted to, the taxi-cab in compliance with—

(i)regulation 13 or any other provision of these Regulations; or

(ii)the conditions of the licence applicable to the taxi-cab or the class of taxi-cab to which the taxi-cab belongs; or

(c)equipment for the purpose of maintenance, repair or testing of—

(i)the taxi-cab; or

(ii)equipment referred to in paragraph (b); or

(d)equipment, or a type of equipment, approved by the licensing authority for that use.

14Emergency warning devices

r. 13A

(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 an emergency warning device approved by the licensing authority which complies with subregulation (2).

Penalty: 10 penalty units.

(2)An emergency warning device referred to in subregulation (1) 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.

(3)In addition to an emergency warning device fitted in accordance with subregulation (1), the operator of a taxi-cab may fit, or cause to be fitted, to the taxi-cab other emergency warning devices approved by the licensing authority.

(4)The operator must fit, or cause to be fitted, any additional emergency warning device in a manner approved by the licensing authority.

Penalty: 10 penalty units.

15Security cameras

r. 15

(1)The operator of a taxi-cab to which this regulation applies must not operate the taxi-cab, or permit the taxi-cab to be operated, unless a security camera approved by the licensing authority is fitted to the taxi-cab in a manner approved by the licensing authority, and is maintained in good working order.

Penalty: 20 penalty units.

(2)The driver of a taxi-cab to which this regulation applies must not operate the taxi-cab unless the camera referred to in subregulation (1) is operating.

Penalty: 20 penalty units.

(3)This regulation applies to a taxi-cab if—

(a)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; or

(b)the licensing authority has, under subregulation (4), given approval to the fitting to the taxi-cab of a security camera approved by the licensing authority.

(4)The operator of a taxi-cab which is not required by a condition of the licence under which it is operated to be fitted with a security camera approved by the licensing authority may apply to the licensing authority for approval to fit such a camera to the taxi-cab.

16Protective screens

r. 16

(1)The operator or the owner or the driver of a taxi-cab may fit inside the taxi-cab a protective screen approved by the licensing authority.

(2)The operator, owner or driver of a taxi-cab must fit the protective screen in a manner approved by the licensing authority.

Penalty: 10 penalty units.

17Boot lock release devices

(1)The operator of a taxi-cab which has a boot compartment must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the taxi-cab is fitted with a boot lock release device approved by the licensing authority.

Penalty: 10 penalty units.

(2)The operator of a taxi-cab must ensure that a boot lock release device referred to in subregulation (1)—

(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 good working order.

Penalty: 10 penalty units.

(3)The driver of a taxi-cab referred to in subregulation (1) must not operate the taxi-cab if he or she knows the boot lock release device is not fitted or is not able to be operated.

Penalty: 10 penalty units.

18Air conditioner

r. 18

(1)The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless a properly working air conditioner is fitted to the taxi-cab.

Penalty: 10 penalty units.

(2)The driver of a taxi-cab must not operate the taxi-cab if—

(a)an air conditioner is not fitted to the taxi-cab; or

(b)the air conditioner fitted to the taxi-cab is not working properly.

Penalty: 10 penalty units.

19Inspection of taxi-cabs

(1)A member of the police force, the licensing authority or a person authorised by the licensing authority may require the operator or the driver of a taxi-cab to produce the taxi-cab for inspection by—

(a)a member of the police force; or

(b)a licensed taxi tester; or

(c)a licensed vehicle tester; or

(d)a person authorised by the licensing authority to inspect taxi-cabs—

at or within a time specified by the member, licensing authority or person.

(2)In the case of a requirement made on a driver of a taxi-cab who is not the operator of the taxi-cab, the driver must advise the operator as soon as practicable after the requirement is made—

(a)that the requirement has been made and what it is; and

(b)if the driver has not been, or is not, reasonably able to comply with the requirement while he or she has control of the taxi-cab, of that fact.

Penalty: 5 penalty units.

(3)If an operator of a taxi-cab receives advice in respect of a requirement under both subregulation (2)(a) and (2)(b), the operator must comply with the requirement.

Penalty: 20 penalty units.

(4)If subregulation (3) does not apply in respect of a requirement, the operator or the driver of the taxi-cab (as the case may be) must comply with the requirement.

Penalty: 20 penalty units.

20Notice to rectify defects

r. 20

(1)If a taxi-cab is unsuitable or unfit for use as a taxi-cab or it does not comply with the Act or these Regulations or any condition of the licence under which it is operated, a member of the police force, the licensing authority or a person authorised by the licensing authority may serve a notice on the operator or the driver of the taxi-cab requiring that the matters set out in the notice be rectified within the time specified in the notice.