Western Australian Consolidated Acts

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TAXI ACT 1994 - SECT 32

32 .         Powers of authorised officers

        (1)         For the purpose of exercising his or her powers under this section an authorised officer may enter a taxi.

        (2)         Where an authorised officer has reason to believe that a vehicle is being operated as a taxi he or she may — 

            (a)         stop the vehicle;

            (b)         direct the driver to produce for his or her inspection the appropriate driver’s licence issued under the Road Traffic Act 1974 ;

            (c)         direct any person to alight from, or not to enter, the vehicle;

            (d)         require information or documentation as to the use of the vehicle from the driver or any hirer or passenger, and require any such person to state his or her name and address; and

            (e)         inspect the vehicle.

        (3)         An authorised officer may require a plate holder, an operator or the provider of a taxi dispatch service to produce any records, books or documents relating to — 

            (a)         the operation of a vehicle as a taxi;

            (b)         any bonds referred to in section 36; or

            (c)         the taxi dispatch service,

                and may take copies of, or extracts from, anything so produced.

        (4)         Where an authorised officer is of the opinion that a taxi is being operated in a physical or mechanical condition or a state of repair or cleanliness which is not in accordance with conditions imposed under section 20(1), he or she may, by notice in writing — 

            (a)         direct the plate holder concerned, the operator or the person providing the taxi dispatch service involved to remedy such defects as are specified in the notice and to take the taxi, or cause the taxi to be taken, within such time as is specified in the notice, to a nominated place for inspection; and

            (b)         prohibit the continued operation of the taxi until it has been inspected and found to be in a satisfactory condition.

        (5)         A person shall not operate a taxi the operation of which has been prohibited under subsection (4).

        Penalty: $1 000.

        (6)         A plate holder, an operator or a person providing a taxi dispatch service shall not fail — 

            (a)         to comply with a notice given; or

            (b)         to rectify any defect that is found during an inspection directed,

                under subsection (4)(a).

        Penalty: $1 000.

        (7)         Where an authorised officer has reason to believe that a person is operating a vehicle as a taxi other than in accordance with this Act or the regulations or any conditions imposed under section 20(1), he or she may require that person to answer any questions or provide any information, and to produce any records, books, documents or vehicles.

        (8)         A person shall not — 

            (a)         disobey or fail to comply with a lawful direction or requirement of; or

            (b)         furnish false information, or use improper or abusive language to, or wilfully hinder or obstruct, mislead, intimidate or threaten,

                an authorised officer exercising the powers conferred by this Act.

        Penalty: $1 000.

        [Section 32 amended by No. 72 of 2003 s. 18.]



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