Victorian Consolidated Regulations

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.