TRANSPORT (TAXI-CABS) REGULATIONS 2005 S.R. No. 67/2005 Version incorporating amendments as at 31 March 2009 Transport (Taxi-Cabs) Regulations 2005 - TABLE OF PROVISIONS Regulation Page PART 1-PRELIMINARY MATTERS 1. Objectives 2. Authorising provisions 3. Definitions PART 2-DRIVER ACCREDITATION, PHOTO CARDS, LICENCES AND RECORDS Division 1-Driver accreditation 4. Prescribed class of person to give medical certificate 5. Test of acuteness of vision 6. Photo display for taxi-cab drivers 7. Director may issue driver's photo card 8. Driver's photo to be displayed in taxi-cab 9. Revoked Division 2-Licences 10. Taxi-cab licences Division 3-Records 11. Records PART 3-VEHICLES 12. Taxi-cab specifications 13. Taxi-cab construction or equipment 13A. Use of equipment 14. Emergency warning devices 15. Security cameras 16. Protective screens 17. Boot lock release devices 18. Air conditioner 19. Inspection of taxi-cabs 20. Notice to rectify defects 21. Evidence of inspection 22. Interference with equipment in or on taxi-cab PART 4-LIVERY, LAMPS, SIGNS ETC. 23. Signs, symbols, notices, labels and fittings 24. Livery 25. Sign on roof of taxi-cab 26. Tariff lamps 27. Not for Hire signs PART 5-VEHICLE OPERATIONS Division 1-Passenger numbers 28. Maximum number of passengers Division 2-Driver responsibilities 29. Passenger routes 30. Driver to remain with taxi-cab 31. Driver's appearance 32. Uniforms 33. Animals 34. Passenger amenities 35. Picking up and setting down passengers 36. Passenger behaviour 37. Passenger assistance 38. Taxi zones Division 3-Fares, charges and taximeters 39. Fares and additional charges 40. Multiple hirings 41. Capacity to pay 42. Request for driver to return or wait 43. Payment of fares and additional charges 44. Taximeters 45. Operation of taximeters Division 4-General 46. Smoking prohibited in taxi-cabs 46A. No drinking liquor or possessing open liquor containers 47. Property found in taxi-cabs PART 6-Revoked 48. Revoked __________________ SCHEDULE 1-Test of Acuteness of Vision --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Transport (Taxi-Cabs) Regulations 2005 - PART 1 PART 1 PRELIMINARY MATTERS Transport (Taxi-Cabs) Regulations 2005 - SECT 1 Objectives 1. Objectives 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- (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. Transport (Taxi-Cabs) Regulations 2005 - SECT 2 Authorising provisions 2. Authorising provisions These Regulations are made under sections 162 and 256 of the Transport Act 1983. Transport (Taxi-Cabs) Regulations 2005 - SECT 3 Definitions 3. Definitions (1) In these Regulations- Act means the Transport Act 1983; approved arrangements means arrangements approved by the licensing authority under section 133(4) of the Act; 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; * * * * * driver's photo card means a card issued to the holder of a taxi-cab driver accreditation under regulation 7; hirer in relation to a taxi-cab, includes a person who is attempting to hire the taxi-cab; licence means a taxi-cab licence; licence holder means the holder of a licence; licensed taxi tester means a licensed vehicle tester who is licensed under Part 6 of the Road Safety (Vehicles) Regulations 1999 to examine and test taxi-cabs; licensed vehicle tester means a person who is licensed under Part 6 of the Road Safety (Vehicles) Regulations 1999 to examine and test light vehicles within the meaning of those Regulations; * * * * * * * * * * * * * * * * * * * * taxi-cab driver accreditation means driver accreditation accrediting a person to drive a taxi-cab; 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; taxi zone means a length of highway designated as a taxi zone under the Road Safety Act 1986; 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. (3) For the purposes of these Regulations, a taxi-cab is associated with a depot if it is operated through, or under radio control from, the depot in accordance with the licence under which the taxi-cab is operated. __________________ Transport (Taxi-Cabs) Regulations 2005 - PART 2 PART 2 DRIVER ACCREDITATION, PHOTO CARDS, LICENCES AND RECORDS Division 1-Driver accreditation Transport (Taxi-Cabs) Regulations 2005 - SECT 4 Prescribed class of person to give medical certificate 4. Prescribed class of person to give medical certificate 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 Professions Registration Act 2005. Transport (Taxi-Cabs) Regulations 2005 - SECT 5 Test of acuteness of vision 5. Test 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. Transport (Taxi-Cabs) Regulations 2005 - SECT 6 Photo display for taxi-cab drivers 6. Photo display for taxi-cab drivers (1) The Director may require the holder of a taxi-cab driver accreditation- (a) to be photographed or have a digitised image of himself or herself made, at a place and in a manner specified by the Director; and (b) to give the Director 3 recent colour passport size photographs of the applicant showing his or her head and full face only; and (c) to give the Director a specimen of the holder's signature in a manner specified by the Director. (2) The holder of a taxi-cab driver accreditation must comply with a requirement under subregulation (1). Penalty: 5 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 7 Director may issue driver's photo card 7. Director may issue driver's photo card The Director may issue a card to the holder of a taxi-cab driver accreditation which includes- (a) a photograph or digitised image of the holder obtained by the Director 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. Transport (Taxi-Cabs) Regulations 2005 - SECT 8 Driver's photo to be displayed in taxi-cab 8. Driver's photo to be displayed in taxi-cab 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 Director for the type of vehicle being driven. Penalty: 5 penalty units. * * * * * Division 2-Licences Transport (Taxi-Cabs) Regulations 2005 - SECT 10 Taxi-cab licences 10. Taxi-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 (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. Division 3-Records Transport (Taxi-Cabs) Regulations 2005 - SECT 11 Records 11. Records (1) A member of the police force may request an operator of a taxi-cab to- (a) make available a specified record to the member for inspection by the member; or (b) give the member, within a period specified by the member, an accurate copy of a specified record. (2) A period of time specified by a member of the police force 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- 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. __________________ Transport (Taxi-Cabs) Regulations 2005 - PART 3 PART 3 VEHICLES Transport (Taxi-Cabs) Regulations 2005 - SECT 12 Taxi-cab specifications 12. Taxi-cab specifications (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. Transport (Taxi-Cabs) Regulations 2005 - SECT 13 Taxi-cab construction or equipment 13. Taxi-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. Penalty: 20 penalty units. (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. (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. (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. Transport (Taxi-Cabs) Regulations 2005 - SECT 13A Use of equipment 13A. Use 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. Transport (Taxi-Cabs) Regulations 2005 - SECT 14 Emergency warning devices 14. Emergency warning devices (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. Transport (Taxi-Cabs) Regulations 2005 - SECT 15 Security cameras 15. Security cameras (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. Transport (Taxi-Cabs) Regulations 2005 - SECT 16 Protective screens 16. Protective screens (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. Transport (Taxi-Cabs) Regulations 2005 - SECT 17 Boot lock release devices 17. Boot 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. Transport (Taxi-Cabs) Regulations 2005 - SECT 18 Air conditioner 18. Air conditioner (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. Transport (Taxi-Cabs) Regulations 2005 - SECT 19 Inspection of taxi-cabs 19. Inspection 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. Transport (Taxi-Cabs) Regulations 2005 - SECT 20 Notice to rectify defects 20. Notice to rectify defects (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. (2) A notice under subregulation (1) must- (a) include sufficient details to identify the taxi-cab; and (b) set out the matters requiring rectification; and (c) state a time and date after which the taxi-cab must not be operated unless the matters requiring rectification have been rectified; and (d) require that, after the matters requiring rectification have been rectified, the taxi-cab must be produced for inspection by- (i) a member of the police force; or (ii) a licensed taxi tester; or (iii) a licensed vehicle tester; or (iv) a person authorised by the licensing authority to inspect taxi-cabs. (3) If the driver of a taxi-cab on whom a notice under subregulation (1) is served is not the operator of the taxi-cab, the driver must, as soon as is practicable after service of the notice, give, or cause to be sent to, the operator, the notice or a copy of the notice. Penalty: 5 penalty units. (4) The operator of a taxi-cab in respect of which a notice has been served under subregulation (1) must not operate the taxi-cab or permit the taxi-cab to be operated, after the date and time referred to in subregulation (2)(c), until all the matters requiring rectification set out in the notice have been rectified and the taxi-cab has been inspected as required by the notice and authorised in writing for operation by a member of the police force, the licensing authority or a person authorised by the licensing authority to inspect taxi-cabs. Penalty: 20 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 21 Evidence of inspection 21. Evidence of inspection (1) If an inspection of a taxi-cab is required under regulation 19(1) or by a notice under regulation 20(1), a member of the police force, the licensing authority or a person authorised by the licensing authority may require the operator of the taxi-cab to provide any evidence that the operator receives from the person who inspects the taxi-cab, in the manner and form specified by the member of the police force, the licensing authority or the person authorised by the licensing authority, that the taxi-cab has been inspected and of the result of that inspection. (2) The operator must comply with a requirement made under subregulation (1). Penalty: 20 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 22 Interference with equipment in or on taxi-cab 22. Interference with equipment in or on taxi-cab A person must not interfere with any equipment in or on a taxi-cab- (a) so as to prevent the equipment from operating as required by the Act or these Regulations or by or under any other Act or law; or (b) with the intention of preventing the equipment from so operating. Penalty: 15 penalty units. __________________ Transport (Taxi-Cabs) Regulations 2005 - PART 4 PART 4 LIVERY, LAMPS, SIGNS ETC. Transport (Taxi-Cabs) Regulations 2005 - SECT 23 Signs, symbols, notices, labels and fittings 23. Signs, symbols, notices, labels and fittings (1) The licensing authority may require the operator of a taxi-cab to- (a) attach to the taxi-cab any sign, symbol, notice or label of a type or design approved by the licensing authority; and (b) attach any sign, symbol, notice or label referred to in paragraph (a) to the taxi-cab in the manner and location specified by the licensing authority. (2) The operator of a taxi-cab must comply with a requirement made by the licensing authority under subregulation (1). Penalty: 5 penalty units. (3) The operator and driver of a taxi-cab must ensure that any sign, symbol, notice or label attached to the taxi-cab in compliance with a requirement under subregulation (1) is clearly visible at all times. Penalty: 5 penalty units. (4) The operator or owner or driver of a taxi-cab must not fit or attach, or permit to be fitted or attached, any matter or thing to either the inside or outside of the taxi-cab without the approval of the licensing authority. Penalty: 5 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 24 Livery 24. Livery (1) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless- (a) the name or trade mark or trade name; and (b) the telephone number- of the person accredited to provide taxi-cab network services with whom the operator has approved arrangements are displayed on the outside of the taxi-cab, in the manner approved by the licensing authority. Penalty: 10 penalty units. (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 is painted in a colour or colours approved by the licensing authority. Penalty: 10 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 25 Sign on roof of taxi-cab 25. Sign on roof of taxi-cab (1) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless a sign approved by the licensing authority, which is capable of being lit, is fitted to the outside forward part of the roof of the taxi-cab. Penalty: 10 penalty units. (2) The operator of a taxi-cab must ensure that the lamp in a sign referred to in subregulation (1) is able to be turned off from inside the taxi-cab. Penalty: 10 penalty units. (3) The driver of a taxi-cab must ensure that the lamp in 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. Transport (Taxi-Cabs) Regulations 2005 - SECT 26 Tariff lamps 26. Tariff lamps (1) The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless an amber indicator lamp, which has been approved by the licensing authority, is fitted, in a position approved by the licensing authority, to the nearside of the sign required to be fitted to the taxi-cab. Penalty: 10 penalty units. (2) If a taxi-cab is permitted under the conditions of its licence to be operated on more than one tariff calculated by a taximeter, the operator of the taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless, in addition to the indicator lamp referred to in subregulation (1), a second amber indicator lamp, which has been approved by the licensing authority, is fitted, in a position approved by the licensing authority, to the offside of the sign required to be fitted to the taxi-cab under regulation 25(1). Penalty: 10 penalty units. (3) The operator of a taxi-cab must ensure that- (a) the nearside lamp referred to in subregulation (1) operates so that it is always lit when the taximeter in the taxi-cab is operating, and at no other time; and (b) if an offside lamp is required to be fitted in accordance with subregulation (2), this lamp operates so that it is also lit when the taximeter in the taxi-cab is operating at a rate other than Tariff 1 of the hiring rates set out in the conditions of the licence under which the taxi-cab is operated, and at no other time. Penalty: 10 penalty units. (4) The driver of a taxi-cab referred to in subregulation (1) must not operate the taxi-cab unless the indicator lamp is in good working order. Penalty: 10 penalty units. (5) The driver of a taxi-cab referred to in subregulation (2) must not operate the taxi-cab unless both of the indicator lamps are in good working order. Penalty: 10 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 27 Not for Hire signs 27. Not for Hire signs (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 equipped with a sign which consists of the words "NOT FOR HIRE" in lettering of a type and dimensions approved by the licensing authority and which is capable of being displayed as required by subregulation (2). Penalty: 10 penalty units. (2) The driver of a taxi-cab must ensure that when the sign referred to in subregulation (1) is required to be displayed, it is displayed inside the taxi-cab at the top left hand side of the windscreen, but not attached to the windscreen, so that the sign displays to the front of the vehicle. Penalty: 10 penalty units. (3) The driver of a taxi-cab must display the sign referred to in subregulation (1) while- (a) the taxi-cab is being used solely for the carriage of goods; 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. (4) The driver of a taxi-cab must not accept any hiring if the sign referred to in subregulation (1) is being displayed. Penalty: 10 penalty units. __________________ Transport (Taxi-Cabs) Regulations 2005 - PART 5 PART 5 VEHICLE OPERATIONS Division 1-Passenger numbers Transport (Taxi-Cabs) Regulations 2005 - SECT 28 Maximum number of passengers 28. Maximum number of passengers (1) The driver of a taxi-cab must ensure that he or she carries in the taxi-cab no more than the number of passengers specified in the conditions of the licence under which the taxi-cab is operated. Penalty: for a first offence, 5 penalty units; for a second or subsequent offence, 10 penalty units. (2) For the purposes of subregulation (1)- (a) a child under the age of 5 years is not to be calculated as a passenger; and (b) if 3 or more children 5 years or more of age and under 15 years of age are in the taxi-cab, each third child is not to be calculated as a passenger. Division 2-Driver responsibilities Transport (Taxi-Cabs) Regulations 2005 - SECT 29 Passenger routes 29. Passenger routes (1) The driver of a taxi-cab must take a passenger who has hired the taxi-cab, or who is attempting to hire the taxi-cab at any time when it is available for hire, to the place where the passenger wants to be taken, unless the driver refuses under regulation 36(1) or 41(7) to carry, or to continue to carry, the passenger. Penalty: 10 penalty units. (2) The driver of a taxi-cab must fulfil any agreement that he or she has made to take, or to cause to be taken, in the taxi-cab any person at any time to or from any place, unless the driver refuses under regulation 36(1) or 41(7) to carry, or to continue to carry, the person. Penalty: 10 penalty units. (3) If the hirer of a taxi-cab does not nominate the route which he or she wishes to be taken, the driver of the taxi-cab must take the most direct practicable route from the place where the taxi-cab was hired to the intended destination of the hirer of the taxi-cab. Penalty: 10 penalty units. (4) If the hirer of a taxi-cab nominates a route to the place where the hirer wants to be taken, the driver of the taxi-cab must take that route. Penalty: 10 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 30 Driver to remain with taxi-cab 30. Driver to remain with taxi-cab (1) If a taxi-cab is in a taxi zone (other than a taxi zone designated as a meal stand) the driver of the taxi-cab must stay with the taxi-cab at all times unless the driver is helping passengers to enter or leave the taxi-cab. Penalty: 5 penalty units. (2) If a taxi-cab is on a highway other than in a taxi zone referred to in subregulation (1), the driver of the taxi-cab must stay with the taxi-cab at all times unless- (a) the driver is attempting to locate a passenger for a pre-booked hiring; or (b) the driver is helping a passenger to enter or leave the taxi-cab; or (c) the driver is picking up or delivering goods; or (d) the driver has a reasonable cause not to be with the taxi-cab. Penalty: 5 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 31 Driver's appearance 31. Driver's appearance (1) While operating a taxi-cab, the driver of the taxi-cab must wear- (a) if a uniform design has been approved under regulation 32 for the person accredited to provide taxi-cab network services with whom the operator of the taxi-cab has approved arrangements, a uniform which conforms to that design; or (b) if paragraph (a) does not apply, a uniform approved by the licensing authority. Penalty: 5 penalty units. (2) While operating a taxi-cab, the driver of the taxi-cab must ensure that his or her appearance is neat and clean. Penalty: 5 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 32 Uniforms 32. Uniforms (1) The licensing authority may, by written notice, require a relevant accredited person to, within a time specified in the notice- (a) determine a uniform design (that identifies the relevant accredited person) to be worn by the drivers of taxi-cabs the operators of which have approved arrangements with the relevant accredited person; and (b) apply to the licensing authority for approval of the uniform design. (2) A relevant accredited person to whom a notice is given under subregulation (1) must comply with the notice. Penalty: 5 penalty units. (3) A relevant accredited person may, at any time- (a) determine a uniform design (that identifies the relevant accredited person) to be worn by the drivers of taxi-cabs the operators of which have approved arrangements with the relevant accredited person; and (b) apply to the licensing authority for approval of the uniform design. (4) The licensing authority may approve a uniform design determined by a person under subregulation (1) or (3). (5) In this regulation- relevant accredited person means a person who is accredited under Division 4 of Part VI of the Act to provide brand identification for taxi-cabs. Transport (Taxi-Cabs) Regulations 2005 - SECT 33 Animals 33. Animals (1) The driver of a taxi-cab must not bring or allow to be brought into the passenger area of the taxi-cab an animal other than the guide-dog of a person with a sight or hearing impairment. Penalty: 5 penalty units. (2) The driver of a taxi-cab must accept the guide-dog of a passenger with a sight or hearing impairment for carriage in the taxi-cab with that passenger. Penalty: 10 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 34 Passenger amenities 34. Passenger amenities (1) The driver of a taxi-cab must comply with a request by a passenger- (a) to turn the air conditioning or heating in the taxi-cab on or off; or (b) to change the level at which the air conditioning or heating is operating- unless complying with the request would cause unreasonable discomfort to the driver. Penalty: 5 penalty units. (2) The driver of a taxi-cab must comply with a reasonable request by a passenger to- (a) turn the music system or radio in the taxi-cab off; or (b) operate the music system or radio at a lower level. Penalty: 5 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 35 Picking up and setting down passengers 35. Picking up and setting down passengers (1) The driver of a taxi-cab, if picking up or setting down passengers on a highway, must stop the taxi-cab for that purpose as close as is practicable and permitted by law to where the passengers wish to be picked up or set down. Penalty: 10 penalty units. (2) The driver of a taxi-cab who is at or near a place where there is a large number of other motor vehicles must not- (a) interfere with the orderly taking up or setting down of passengers; or (b) interfere with the orderly distribution of taxi-cabs or other vehicles. Penalty: 10 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 36 Passenger behaviour 36. Passenger behaviour (1) The driver of a taxi-cab may refuse to carry, or to continue to carry, a person in the taxi-cab if, in the opinion of the driver- (a) the person is violent, noisy, misbehaving, filthy or offensive; or (b) the person is in possession of an item which is not able to be safely and securely accommodated within the taxi-cab. (2) Despite subregulation (1)(a), the driver of a taxi-cab must not refuse to carry a person referred to in that paragraph if the person is going to, or is being taken to, a hospital. Penalty: 5 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 37 Passenger assistance 37. Passenger assistance (1) The driver of a taxi-cab must give reasonable help to passengers to get them and their luggage or other items into and out of the taxi-cab. Penalty: 5 penalty units. (2) The driver of a taxi-cab must take reasonable care of luggage or other items while they are being put into, or carried in, or taken out of, the taxi-cab. Penalty: 5 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 38 Taxi zones 38. Taxi zones (1) If the purpose of a taxi zone or any other area set aside for the storage or holding of taxi-cabs is designated by signs or markings, the driver of a taxi-cab must only use the zone or area for that purpose. Penalty: 5 penalty units. (2) The driver of a taxi-cab must not attempt to use, or to gain access to, a taxi zone that is fully occupied. Penalty: 5 penalty units. (3) The driver of a taxi-cab who is using or attempting to use a taxi zone or another area set aside for the storage or holding of taxi-cabs must do so in the order in which the driver arrived at the zone or storage or holding area in relation to other taxi-cabs using or attempting to use the zone or the storage or holding area. Penalty: 5 penalty units. (4) The driver of a taxi-cab which is in a taxi zone or storage or holding area must move the taxi-cab forward to occupy the position immediately in front when that position becomes empty. Penalty: 5 penalty units. (5) Unless subregulation (7) applies, the driver of a taxi-cab which is first in line at a taxi zone is entitled to have that taxi-cab hired before any other taxi-cab in the taxi zone. (6) A passenger may choose any taxi-cab in a taxi zone without having to choose the first taxi-cab in line. (7) If a passenger chooses a taxi-cab in a taxi zone other than the first taxi-cab in line, the driver of the taxi-cab chosen by the passenger must accept the hiring. Penalty: 5 penalty units. Division 3-Fares, charges and taximeters Transport (Taxi-Cabs) Regulations 2005 - SECT 39 Fares and additional charges 39. Fares and additional charges (1) The driver of a taxi-cab must not make a charge for the hiring of a taxi-cab for that part of a journey which is delayed to allow the taxi-cab to be refuelled or repaired. Penalty: 10 penalty units. (2) Unless these Regulations allow, the driver of a taxi-cab must not charge or ask for payment of a fare or additional charges which are more than the amounts allowed in any condition of the licence under which the taxi-cab is operated. Penalty: 10 penalty units. (3) Subject to subregulation (4), the operator or the driver of a taxi-cab may agree with the hirer of the taxi-cab to charge a fee in addition to the fare and additional charges permitted by any condition of the licence under which the taxi-cab is operated if payment of the fare and additional charges are to be made at a time other than immediately after the termination of the hiring. (4) If an agreement under subregulation (3) is made after the start of the hiring, the fee may only be charged if a suitable notice is displayed- (a) advising that the fee will be charged in the relevant circumstances; and (b) specifying either the amount of the fee or how the fee is to be calculated. (5) For the purposes of subregulation (4)- suitable notice means a notice- (a) approved by the licensing authority; and (b) displayed in the taxi-cab so as to be clearly visible at all times. Transport (Taxi-Cabs) Regulations 2005 - SECT 40 Multiple hirings 40. Multiple hirings The driver of a taxi-cab which has already been hired must not allow any person other than the hirer of the taxi-cab and any person accompanying the hirer to hire or to be in the taxi-cab unless- (a) the hirer consents to another person also hiring the taxi-cab; and (b) the destination of the first hirer and the second or subsequent hirers are in the same general direction. Penalty: 10 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 41 Capacity to pay 41. Capacity to pay (1) Before a hiring (other than a prepayment hiring) starts or at any time during the hiring, the driver of a taxi-cab may give the hirer an estimate of the fare for the hiring. (2) Before a prepayment hiring starts, the driver of a taxi-cab must give the hirer an estimate of the fare for the hiring. (3) If the driver of a taxi-cab has given the hirer of the taxi-cab an estimate of the fare in accordance with subregulation (1) or (2), the driver may, before the hiring starts or at any time during the hiring, ask the hirer to demonstrate that the hirer is able to pay the amount of the estimate. (4) If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (1), the driver may, before the hiring starts or at any time during the hiring, require the hirer to pay a deposit of up to the amount of the estimate. (5) If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (2), the hirer must, before the hiring starts, pay to the driver a deposit equal to the amount of the estimate unless the driver waives payment of the deposit under subregulation (6). (6) The driver of a taxi-cab may waive payment of a deposit under subregulation (5) if the driver is reasonably satisfied that the hirer is able to pay the amount of the estimate of the fare. (7) The driver of a taxi-cab may refuse to carry, or to continue to carry, (as the case requires) a hirer and any person accompanying the hirer if the hirer- (a) does not demonstrate to the driver's reasonable satisfaction that the hirer is able to pay the amount of the estimate of the fare for the hiring; or (b) does not pay a deposit required under subregulation (4) or (5). (8) The driver of a taxi-cab must give the hirer a receipt for the deposit if asked to do so by a hirer who has paid a deposit required under subregulation (4) or (5). Penalty: 5 penalty units. (9) If a hirer has paid a deposit in accordance with subregulation (4) or (5), on the termination of hiring the driver of the taxi-cab must- (a) if the amount of deposit is less than the fare and additional charges for the hiring, deduct that amount from the amount to be paid by the hirer; or (b) if the amount of the deposit exceeds the fare and additional charges for the hiring, repay to the hirer the amount in excess of the fare and additional charges. Penalty: 10 penalty units (10) In this regulation- deposit means an amount paid as security against the payment in full of the fare and any additional charges for a hiring in accordance with regulation 43; prepayment hiring means a hiring starting between the hours of 10.00 p.m. and 5.00 a.m. Transport (Taxi-Cabs) Regulations 2005 - SECT 42 Request for driver to return or wait 42. Request for driver to return or wait (1) The driver of a taxi-cab who is requested by a passenger to discharge the passenger and to return to the passenger at a later time must not make any charge for the time between the discharge and the time at which the driver was requested to return. Penalty: 10 penalty units. (2) The driver of a taxi-cab who is requested to return under subregulation (1) may charge a detention rate set out in the conditions of the licence under which the taxi-cab is operated from the time at which the driver was requested to return. (3) The driver of a taxi-cab who is requested to return under subregulation (1) may refuse the request. (4) The driver of a taxi-cab must not refuse the request of a passenger who has left the taxi-cab with the stated intention to return, to wait the return of the passenger unless- (a) the driver has earlier contracted another hiring; or (b) the driver would be in breach of an Act, a Regulation or a local law if he or she were to wait. Penalty: 10 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 43 Payment of fares and additional charges 43. Payment of fares and additional charges (1) The driver of a taxi-cab, if asked by the hirer of the taxi-cab, must, on the termination of the hiring, tell the hirer how the fare and any additional charges were calculated and the amount of the fare and any such additional charges. Penalty: 5 penalty units. (2) If the hirer of a taxi-cab offers or elects to pay the fare and any additional charges for a hiring of the taxi-cab by a valid credit or debit card of a type displayed by notice in the taxi-cab as accepted for payment, the driver of the taxi-cab must accept payment by that method. Penalty: 10 penalty units. (3) The driver of a taxi-cab must use electronic payment facilities to process a payment referred to in subregulation (2) if those facilities are installed in the taxi-cab and are not disabled by any failure or malfunction, and if the card tendered is suitable for that use. Penalty: 10 penalty units. (4) Despite subregulation (3), the driver of a taxi-cab may use non-electronic payment facilities to process a payment referred to in subregulation (2) if- (a) the driver advises the hirer of the hirer's right to have the payment processed by the electronic payment facilities; and (b) the hirer expressly agrees to the payment being processed by the non-electronic payment facilities. (5) 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. (6) Upon payment by the hirer of the fare and any additional charges, the driver of the taxi-cab must- (a) offer to give the hirer a receipt for the payment of the fare and any additional charges; and (b) unless the hirer declines the offer, give the hirer the receipt produced in accordance with subregulation (6A). Penalty: 10 penalty units. (6A) For the purposes of subregulation (6)(b), the driver of a taxi-cab must use electronic facilities to produce the receipt if those facilities are installed, or otherwise capable of being used, in the taxi-cab and are not disabled by any failure or malfunction. (7) The driver of a taxi-cab must ensure that the receipt is legible and contains the following- (a) unless the receipt has been produced using electronic facilities, the driver's signature; (b) the number of the taxi-cab; (c) the number of the driver's certificate of the driver; (ca) the driver's Australian Business Number (ABN) (if any); (d) all the items which make up the fare and any additional rates and charges; (e) the total amount paid; (f) the date of the payment. Penalty: 10 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 44 Taximeters 44. Taximeters (1) The operator of a taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated unless a taximeter, of a type approved by the licensing authority, is fitted to the taxi-cab and the taximeter complies with subregulation (3). Penalty: 10 penalty units. (2) The driver of a taxi-cab must not operate the taxi-cab unless the taximeter fitted to the taxi-cab complies with all of the requirements set out in subregulation (3). Penalty: 10 penalty units. (3) A taximeter in a taxi-cab must- (aa) have been tested and sealed by a person authorised to do so by the licensing authority; and (a) be programmed to record and display only the fares and additional charges allowed in any condition of the licence under which the taxi-cab is operated; and (b) be operational as required by these Regulations; and (c) have all of its seals intact; and (d) be located in a position which has been approved by the licensing authority; and (e) be able to be clearly read from each forward facing seating position in the taxi-cab. (4) Subject to subregulation (5), the operator of a taxi-cab must ensure that, at any given time, the taximeter being operated in the taxi-cab is the one which was last tested in the taxi-cab by a person authorised by the licensing authority. Penalty: 10 penalty units. (5) If the taximeter in a taxi-cab stops operating correctly, the operator of the taxi-cab may substitute another taximeter if the substituted taximeter is of a type approved by the licensing authority and is tested by a person authorised by the licensing authority. (6) If- (a) a component of a taxi-cab, or any equipment in or on the taxi-cab, which may affect the correct operation of the taximeter in that taxi-cab is altered; or (b) such a component or any such equipment is replaced- the operator of the taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, until the taximeter has been recalibrated and tested and sealed by a person authorised by the licensing authority. Penalty: 10 penalty units. (7) A person authorised by the licensing authority may, by giving written notice to the operator or the driver of a taxi-cab, require the operator or driver to take the taxi-cab to a person authorised by the licensing authority, at or within a time specified in the notice, to have the taximeter inspected and tested. (8) The operator or driver of a taxi-cab must comply with a requirement made under subregulation (7). Penalty: 10 penalty units. (9) If a taximeter is found to be not working correctly as required by these Regulations or if a seal on the taximeter has been broken- (a) the operator of the taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated; and (b) the driver of the taxi-cab must not operate the taxi-cab- until the taximeter has been repaired (if necessary), and has been inspected, tested and sealed by a person authorised by the licensing authority. Penalty: 10 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 45 Operation of taximeters 45. Operation of taximeters (1) The driver of a taxi-cab must not operate the taximeter fitted to the taxi-cab if the taxi-cab is not hired. Penalty: 10 penalty units. (2) Unless subregulation (3) or (4) applies, the driver of a taxi-cab must start the taximeter as soon as the taxi-cab is hired. Penalty: 10 penalty units. (3) If the driver of a taxi-cab is entitled to an additional payment to compensate for extended loading time, the driver must start the taximeter immediately after- (a) the driver has accepted the hirer's request to be taken to a destination; and (b) the hirer and any passengers accompanying the hirer, and their luggage or other items, are safely secured in the taxi-cab; and (c) the taxi-cab is ready to move off. Penalty: 10 penalty units. (4) In the case of a pre-booked hiring, a driver of a taxi-cab referred to in subregulation (3) may start the taximeter earlier than the time referred to in that subregulation if- (a) the driver has made contact with the hirer; and (b) the time agreed for the hiring has arrived or has passed; and (c) the hirer is not ready to board the taxi-cab, but has requested the driver to wait. (5) If the conditions of a licence require or permit a different tariff to start during a hiring, the driver of the taxi-cab must- (a) if the taximeter requires adjustment to the new tariff, make that adjustment when the new tariff is to start; and (b) in any case, immediately after the new tariff has started, tell the hirer of that fact. Penalty: 10 penalty units. (6) The driver of a taxi-cab must ensure that the taximeter is stopped and put into the neutral position- (a) in a case to which subregulation (2) applies, as soon as the hiring has finished; or (b) in a case to which subregulation (3) or (4) applies, immediately after the taxi-cab is brought to a halt for the purpose of allowing the hirer, or if regulation 40 applies, the last hirer, to alight from the taxi-cab at the termination of the hiring. Penalty: 10 penalty units. Division 4-General Transport (Taxi-Cabs) Regulations 2005 - SECT 46 Smoking prohibited in taxi-cabs 46. Smoking prohibited in taxi-cabs A person must not smoke tobacco or any other substance in a taxi-cab. Penalty: 5 penalty units. Transport (Taxi-Cabs) Regulations 2005 - SECT 46A No drinking liquor or possessing open liquor containers 46A. No drinking liquor or possessing open liquor containers (1) A passenger in a taxi-cab must not drink from a container that contains, or purports to contain, liquor. Penalty: 5 penalty units. (2) A passenger in a taxi-cab must not possess an open container that contains, or purports to contain, liquor. Penalty: 5 penalty units. (3) In this regulation- liquor has the same meaning as in section 3 of the Liquor Control Reform Act 1998. Transport (Taxi-Cabs) Regulations 2005 - SECT 47 Property found in taxi-cabs 47. Property found in taxi-cabs (1) A person who finds lost or abandoned property in a taxi-cab must give the property to the driver of the taxi-cab. Penalty: 1 penalty unit. (2) The driver of a taxi-cab who is given property under subregulation (1), or who finds property in the taxi-cab, must, if the property is not claimed, promptly deliver the property to the Victoria Police. Penalty: 10 penalty units. __________________ * * * * * __________________ Transport (Taxi-Cabs) Regulations 2005 - SCHEDULE 1 Regulation 5 TEST OF ACUTENESS OF VISION 1. The acuteness of vision of an applicant must be tested by means of a printed chart which has on each face 7 horizontal lines of black letters printed on a white background and reducing downwards in the following fractions- Line 1-6/60; Line 2-6/36; Line 3-6/24; Line 4-6/18; Line 5-6/12; Line 6-6/9; Line 7-6/6. 2. The chart may be of either the 3 metre or the 6 metre type and must be placed in an upright position at a distance of 6 metres in the case of a 6 metre chart, or 3 metres in the case of a 3 metre chart, from the applicant and in a light of not less than 100 watts strength. 3. An applicant must be shown one face of the chart and must be required- (a) to cover the left eye with the palm of the hand and read with the right eye as far down the lines of the chart as the applicant is capable; and (b) to cover the right eye with the palm of the hand and read with the left eye as far down the lines of the chart as the applicant is capable. 4. In order to pass the test for acuteness of vision the applicant must- (a) correctly read line 5 with his or her right eye; and (b) correctly read line 5 with his or her left eye. 5. The test for acuteness of vision is a test conducted by- (a) a person who is registered as an optometrist under the Health Professions Registration Act 2005; or (b) a registered medical practitioner within the meaning of the Health Professions Registration Act 2005. 6. The person who conducts the test may issue a certificate to the applicant which- (a) contains the results of the test; and (b) states whether or not the applicant has passed the test. --------------- TRANSPORT (TAXI-CABS) REGULATIONS 2005 - NOTES ENDNOTES 1. General Information The Transport (Taxi-Cabs) Regulations 2005, S.R. No. 67/2005 were made on 28 June 2005 by the Governor in Council under sections 162 and 256 of the Transport Act 1983, No. 9921/1983 and came into operation on 28 June 2005. The Transport (Taxi-Cabs) Regulations 2005 will sunset 10 years after the day of making on 28 June 2015 (see section 5 of the Subordinate Legislation Act 1994). 2. Table of Amendments This Version incorporates amendments made to the Transport (Taxi-Cabs) Regulations 2005 by statutory rules, subordinate instruments and Acts. ------------------------------------------------------------- Transport (Taxi-Cabs) (Amendment) Regulations 2007, S.R. No. 69/2007 Date of Making: 26.6.07 Date of Commencement: 1.7.07: reg. 3 Transport (Taxi-cab Industry Accreditation) Regulations 2007, S.R. No. 149/2007 (as amended by S.R. No. 74/2008) Date of Making: 18.12.07 Date of Commencement: Regs 13, 14 on 31.12.07: reg. 3(1); regs 12, 15-17 on 31.3.09: reg. 3(2) Transport (Taxi-Cabs) (Amendment) Regulations 2008, S.R. No. 74/2008 Date of Making: 24.6.08 Date of Commencement: Regs 5-7, 9, 11-14 on 29.6.08: reg. 3(1); regs 8, 10 on 1.10.08: reg. 3(2) ------------------------------------------------------------- 3. Explanatory Details No entries at date of publication. ?? ?? S.R. No. 67/2005 Transport (Taxi-Cabs) Regulations 2005