Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Chapter 5 Hire cars
Part 5.1 Hire car licences
Division 5.1.1 Kinds of hire car licences
165 Hire car licences that may be issued
(1) The road transport authority may issue the following kinds of hire car licences:
(b) restricted hire car licences.
Note A hire car licence is a licence to use a vehicle as a hire car (see the Act, s 60A). A general reference in this regulation to a hire car licence includes each of the above kinds of licences (see Legislation Act, s 155).
(2) A restricted hire car licence may only authorise the licensee to operate the vehicle to which the licence relates as a restricted hire car to transport people along a road or road related area to or from—
(a) a wedding ceremony or wedding reception; or
(b) a function known as a school formal conducted by a school.
(3) To remove any doubt, the transport of people to a wedding ceremony or wedding reception is not limited to people who are members of the bridal party.
Division 5.1.2 Hire car licensing procedure
166 Application procedure for issue of hire car licences
(1) A person (the applicant ) may apply to the road transport authority for—
(a) the issue (including renewal) of a leased hire car licence; or
(b) the issue of a restricted hire car licence.
Note 1 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
Note 2 The above licences are not transferable (see the Act, s 60C).
(2) The applicant must give the road transport authority a completed application form for the kind of licence applied for.
(3) The road transport authority may require the applicant to give the authority further stated information or a stated document that the authority reasonably needs to decide the application.
(4) The road transport authority may refuse to consider the application further if the requirement is made in writing and the applicant does not comply with the requirement.
167 Issue of hire car licences
(1) The road transport authority may refuse to issue (including renew) a hire car licence to an applicant if the authority believes, on reasonable grounds, that the applicant—
(a) has contravened a condition of another hire car licence held by the person or, for a licence renewal, a condition of the licence being renewed; or
(b) has not complied with a requirement of the Act relating to the application.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) The road transport authority must refuse to issue a hire car licence of the kind applied for by the applicant if—
(a) the applicant is not accredited to operate a hire car service of that kind; or
(b) the applicant is disqualified under chapter 6 (Disciplinary action) from holding or applying for a hire car licence of that kind; or
(c) for an application for a leased hire car licence—the vehicle to which the application relates must be refused registration under the Road Transport (Vehicle Registration) Regulation 2000 , section 32C (Deciding applications for registration— certain hire cars).
(3) The road transport authority must issue a hire car licence to the applicant if—
(a) the applicant makes an application to the authority under section 166; and
(b) the authority does not refuse the application under this section.
(4) A leased hire car licence must be issued for a minimum period of 1 year and a maximum period of 6 years.
(5) A restricted hire car licence must be issued for a minimum period of 3 months and a maximum period of 1 year.
(6) The road transport authority must not renew a restricted hire car licence.
(7) Despite subsection (3), the road transport authority must not issue a leased hire car licence to a person before the day declared, in writing, by the Minister for this subsection.
(8) A declaration for subsection (7) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
(9) This subsection and subsections (7) and (8) expire 30 days after the day declared for subsection (7).
168 Restricted hire car licences—issue of licence labels
(1) If the road transport authority issues a restricted hire car licence to a person, the authority must also issue to the licensee a label (a restricted hire car licence label ) for the vehicle to which the licence relates.
Note The label must be attached to the vehicle (see s 186).
(2) Despite subsection (1), the road transport authority may, but is not required to, issue a restricted hire car licence label under that section for a restricted hire car.
(3) This subsection and subsection (2) expire on 10 March 2006.
169 Issue or amendment of hire car licence subject to conditions
(1) A hire car licence may be issued (including renewed) subject to a condition imposed by the road transport authority.
(2) A hire car licence may be amended by the road transport authority to impose a condition to which the licence is to be subject or to amend or revoke a condition to which the licence is already subject.
(3) A condition mentioned in subsection (1) or (2) may be imposed, amended or revoked by the road transport authority—
(a) on the authority's own initiative or on the application of the applicant for a licence or the licensee; and
(b) for a stated period or indefinitely.
170 Hire car licences—procedure for imposition etc of conditions on authority's initiative
(1) This section applies to a licensee if the road transport authority proposes, on its own initiative, to take action under section 169 (2) to amend the hire car licence to impose, amend or revoke a condition (the proposed action ).
(2) The road transport authority must give the licensee a written notice stating—
(a) the proposed action; and
(b) if the proposed action is to impose a condition—the proposed condition; and
(c) if the proposed action is to amend a condition—the condition as proposed to be amended; and
(d) an explanation for the proposed action; and
(e) if appropriate, any action that must be taken by the licensee to avoid or reverse the proposed action; and
(f) the date when the proposed imposition, amendment or revocation of the condition takes effect (the date of effect ); and
(g) that the proposed action takes effect on the date of effect unless the notice is revoked by the authority before that date.
(3) The notice may, but need not, provide an opportunity for the licensee to make representations about why the proposed action should not be taken.
(4) The date of effect must not be earlier than 14 days after the notice is given to the licensee.
(5) This section does not affect the taking of action under chapter 6 (Disciplinary action).
171 Conditions of hire car licences
A hire car licence is subject to the conditions (if any) stated in the licence or in a document stated by the licence to form part of the licence.
172 Form of hire car licences
(1) A hire car licence issued to a person must show—
(a) for a leased hire car licence—the hire car licence number allocated to the person; and
(b) for a restricted hire car licence—the registration number of the vehicle; and
(c) the person's full name and address; and
(d) the kind of licence; and
(e) the expiry date (if any) of the licence.
(2) A hire car licence may also include any additional information that the road transport authority considers appropriate.
(3) If the road transport authority issues a restricted hire car licence to a person, the authority must also issue a duplicate restricted hire car licence to the person.
Note The duplicate licence must be carried in the vehicle while it is operating as a hire car (see s 185 and s 204).
173 Hire car licensees to notify change of name or address
(1) If a hire car licensee's name or residential address changes, the licensee must, as soon as practicable but no later than 14 days after the change happens, give the road transport authority—
(a) written notice of the change; and
(b) the licence and any duplicate restricted hire car licence issued to the licensee.
Maximum penalty: 20 penalty units.
(2) If a hire car licence (including a duplicate restricted hire car licence) is returned to the road transport authority, the authority must amend the licence or issue another licence for the remainder of the period of the licence that it replaces.
(3) An offence against this section is a strict liability offence.
174 Hire car licensee to comply with conditions
(1) A hire car licensee must not contravene a condition to which the licence is subject.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
175 Replacement of hire car licence
(1) The road transport authority may issue a replacement hire car licence to a licensee if satisfied that the licence has been lost, stolen or destroyed.
(2) For subsection (1), the road transport authority may require the licensee to give the authority a statement, verified by statutory declaration, that the licence has been lost, stolen or destroyed.
Note 1 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
Note 2 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
176 Production of hire car licence
(1) A hire car licensee must not fail to produce the person's hire car licence for inspection when required to do so by the road transport authority, a police officer or an authorised person.
Maximum penalty: 5 penalty units.
Note If the licence is a duplicate restricted hire car licence, see also s 204.
(2) Subsection (1) does not apply if—
(a) the licensee has a reasonable excuse for failing to produce the hire car licence when required to do so; and
(b) within 3 days after being required to produce the licence, the licensee produces the licence at the place directed by the road transport authority, police officer or authorised person.
(3) An offence against this section is a strict liability offence.
177 Surrender of hire car licence
(1) A hire car licensee may apply to the road transport authority to surrender the licence.
(2) The application may be made personally by the licensee or by an agent who produces written evidence of his or her appointment as agent.
(3) The person must, with the application—
(a) return the hire car licence to the road transport authority; or
(b) if the licence has been lost, stolen or destroyed—give the authority a statement, verified by statutory declaration, that the licence has been lost, stolen or destroyed.
Note The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
(4) If the licence is a restricted hire car licence, the licensee or agent must also, with the application—
(a) return to the road transport authority the duplicate restricted hire car licence issued to the licensee; and
(b) give the road transport authority a statement, signed by the licensee or agent, that the restricted hire car licence label for the hire car has been destroyed.
(5) If the person complies with this section, the road transport authority must approve the application unless the authority is taking action to suspend or cancel the person's licence.
Part 5.2 Hire car services
Division 5.2.1 Preliminary
178 Meaning of hire car driver
In this regulation:
"hire car driver" means a person who is driving a hire car while it is operating as a hire car.
Division 5.2.2 Hire car operators
179 Maintenance of hire cars
(1) The accredited operator of a hire car must not use the vehicle, or allow someone else to use the vehicle, to operate a hire car service if the vehicle has not been serviced and maintained in accordance with the vehicle manufacturer's maintenance standards (however described) relating to the vehicle.
Maximum penalty: 20 penalty units.
(2) However, subsection (1) does not apply to the accredited operator if there are no manufacturer's maintenance standards for the vehicle but the vehicle complies with the Road Transport (Vehicle Registration) Act 1999 .
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(3) The accredited operator of a hire car must not use the vehicle, or allow someone else to use the vehicle, to operate a hire car service if—
(a) the vehicle does not comply with the applicable vehicle standards for the vehicle; or
(b) the use of the vehicle by the accredited operator or other person would contravene the Road Transport (Vehicle Registration) Act 1999 .
Maximum penalty: 20 penalty units.
Example for par (b)
The vehicle must be maintained in a condition that enables it to be driven safely (see Road Transport (Vehicle Registration) Regulation 2000 , s 107 (2)).
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) An offence against this section is a strict liability offence.
180 Condition of hire cars
(1) The accredited operator of a hire car must not operate, or allow someone else to operate, the vehicle as a hire car if—
(a) the vehicle's exterior and interior are not clean and undamaged; and
(b) the vehicle's fittings are not clean and undamaged, properly fitted and securely in place and, if appropriate, fully operational.
Maximum penalty: 10 penalty units.
Examples for par (b) of fittings to be fully operational
1 interior lights and window-winding mechanisms
2 fire-extinguisher
3 if the hire car is fitted with a security camera, the security camera
Note 1 The accredited operator must also comply with any standards about security cameras in hire cars, see s 219 (5).
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) An offence against this section is a strict liability offence.
(3) In this section:
"exterior", of a hire car, includes the body, door panels, bumper bars, trim and wheels of the hire car.
"interior", of a hire car, includes the interior of the boot of the hire car.
181 Hire car drivers to hold appropriate driver licence or authority
(1) The accredited operator of a hire car service must ensure that a hire car driver is—
(a) the holder of a public vehicle licence authorising the person to drive the hire car for hire or reward; or
(b) exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000 , section 94A (Exemption of drivers of public vehicles driven for hire or reward—Act, s 31 (1) (b)).
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
182 Records of hire car drivers to be made
(1) The accredited operator of a hire car must make a written record of the following particulars for each hire car driver for the vehicle:
(a) the driver's full name and home address;
(b) the prescribed driver authority information for the driver;
(c) the dates and times when the hire car was driven by the driver;
(d) the registration number of the hire car driven by the driver.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
"prescribed driver authority information", for a hire car driver, means—
(a) if the driver is the holder of a public vehicle licence—the driver's public vehicle licence number and its expiry date; or
(b) in any other case—
(i) the driver's Australian driver licence number and its expiry date; and
(ii) the number of the authority mentioned in the Road Transport (Driver Licensing) Regulation 2000 , section 94A (1) (b) held by the driver and its expiry date.
183 Keeping and inspection etc of records about hire cars
(1) This section applies to a person who is or has been the accredited operator of a hire car.
(2) The person must—
(a) keep every record required to be made by the person under the Act for at least 4 years after the making of the last entry in it; and
(b) produce the record for inspection when required by a police officer or authorised person; and
(c) provide the record, or a copy of the record, to the road transport authority for inspection within a stated reasonable time when required to do so, in writing, by the authority.
Maximum penalty: 10 penalty units.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(3) The road transport authority, police officer or authorised person may take copies of any record produced or provided under subsection (2) (b) or (c).
(4) This section does not apply to a recording made by a security camera in a hire car.
Note For the keeping and destruction of security camera recordings, see s 194 (2).
(5) An offence against this section is a strict liability offence.
184 Annual return of hiring statistics
(1) An accredited hire car operator must, within 14 days after the end of each financial year, give the road transport authority a written statement of the number of times on each day in the financial year that each hire car operated by the accredited operator was hired.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
185 Restricted hire cars—carriage of duplicate licence
(1) The accredited operator of a restricted hire car must ensure that the duplicate restricted hire car licence for the vehicle is kept in the vehicle while it is operating as a hire car.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
186 Restricted hire cars—display of licence labels
(1) The accredited operator of a restricted hire car must attach the restricted hire car licence label issued to the person under section 168—
(a) so the information on the label is readable from the outside of the hire car; and
(b) if the hire car has a windscreen or fixed window—
(i) to the lower left side (or nearside) of the windscreen; or
(ii) to a fixed window on the left side (or nearside) of the hire car; and
(c) if the hire car does not have a windscreen or fixed window—on or next to the hire car's rear numberplate so the characters on the numberplate are not obscured.
(2) A person must not operate a restricted hire car on a road or road related area if—
(a) the hire car does not have the restricted hire car licence label issued for it attached to the hire car; or
(b) the label is not attached in accordance with subsection (1); or
(c) any information on the label cannot, for any reason, be readily read.
Maximum penalty: 20 penalty units.
(3) The accredited operator of a restricted hire car operated by someone else in contravention of subsection (2) also commits an offence if the accredited operator failed to take reasonable precautions to prevent the contravention.
Maximum penalty: 20 penalty units.
(4) An offence against this section is a strict liability offence.
(5) This section applies only to something done or not done on or after 10 March 2006.
(6) This subsection and subsection (5) expire on 10 March 2006.
187 Restricted hire cars—replacement of licence label
(1) The road transport authority may issue a replacement licence label to a restricted hire car licensee if satisfied that the label has been lost, stolen or destroyed.
(2) For subsection (1), the road transport authority may require the licensee to give the authority a statement, verified by statutory declaration, that the licence label has been lost, stolen or destroyed.
Note 1 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
Note 2 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
188 Advertisements for hire car services to display accreditation number
(1) The accredited operator of a hire car service must ensure that an advertisement for the service identifies the service by its accreditation number.
Maximum penalty: 10 penalty units.
Note A person who pretends to be accredited to operate a hire car service, or a hire car service of a particular kind, commits an offence under the Act, s 60O.
(2) Subsection (1) does not apply to an advertisement appearing in a vehicle used to operate the hire car service.
Note The dictionary definition of in a vehicle includes on the vehicle.
(3) An offence against this section is a strict liability offence.
(4) This section applies only to something done or not done on or after 10 March 2007.
(5) This subsection and subsection (4) expire on 10 March 2007.
189 Presence of security camera in hire car to be indicated
(1) The accredited operator of a hire car fitted with a security camera must ensure that signs telling people that they may be under video surveillance while in or near the hire car are conspicuously placed inside and outside the hire car.
Maximum penalty: 5 penalty units.
Note If the National Privacy Principles under the Privacy Act 1988 (Cwlth) apply to the accredited operator, the operator must collect personal information in accordance with the principles or another provision of the Privacy Act (including, for example, a code of practice).
(2) An offence against this section is a strict liability offence.
190 Airconditioning of hire cars
(1) This regulation applies if a hire car (other than a restricted hire car) is fitted with airconditioning.
(2) The accredited operator of the hire car must ensure that the airconditioning is in good condition and fully operational.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability offence.
191 Advertisements in or on hire cars
(1) The accredited operator of a hire car must ensure that an advertisement for anything other than the hire car service operated by the person is not displayed in the hire car.
Maximum penalty: 10 penalty units.
Note The dictionary definition of in a vehicle includes on the vehicle.
(2) An offence against this section is a strict liability offence.
192 Offensive material etc in or on hire cars
(1) The accredited operator of a hire car must ensure that an advertisement or other document that a reasonable adult would consider indecent, insulting or offensive is not displayed in the hire car.
Maximum penalty: 10 penalty units.
Note The dictionary definition of in a vehicle includes on the vehicle.
(2) The road transport authority, a police officer or an authorised person may direct the accredited operator of a hire car to remove an advertisement or other document that the authority, officer or person believes, on reasonable grounds, contravenes subsection (1).
(3) The accredited operator must comply with a direction under subsection (2).
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
193 Compliance with dress code of practice
(1) The accredited operator of a hire car (other than a restricted hire car) commits an offence if—
(a) a code of practice approved under section 218 (Code of practice—dress of hire car drivers) is in force; and
(b) the accredited operator allows a person to drive the hire car while it is operating as a hire car; and
(c) the person does not comply with the code of practice.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
194 Hire car operator's responsibilities for security camera recordings
(1) This section applies to the accredited operator of a hire car if the hire car is fitted with a security camera.
(2) If a recording made by the security camera has not been given to a police officer or the road transport authority under subsection (4), the accredited operator must ensure that the recording is—
(a) kept by the person for 30 days after the day it is made; and
(b) destroyed as soon as practicable after the end of the 30-day period.
(3) An accredited operator of a hire car must comply with subsection (2).
Maximum penalty: 10 penalty units.
Note The accredited operator must also comply with any standards about security cameras in hire cars, see s 219 (5).
(4) If a police officer or the road transport authority asks an accredited hire car operator to give the police officer or authority a recording made by the security camera, the operator must comply with the request.
Maximum penalty: 10 penalty units.
(5) An accredited hire car operator must maintain, in good condition and fully operational, equipment that can display a recording made by the security camera.
Maximum penalty: 5 penalty units.
Note If the National Privacy Principles under the Privacy Act 1988 (Cwlth) apply to the hire car operator, the operator must collect, store, use and disclose the recordings in accordance with the principles. For example, the principles authorise the use or disclosure of personal information if—
(a) there is reason to suspect that unlawful activity has been, is being or may be engaged in, and the hire car operator uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant people or authorities (see principle 2.1 (f)); or
(b) the use or disclosure is required or authorised by or under law (see principle 2.1 (g)).
(6) An offence against this section is a strict liability offence.
195 Hire car operators to comply with service standard for lost property
(1) This section applies to the accredited operator of a hire car service who is given lost property found in or near a hire car used to operate the service.
(2) The accredited operator must deal with the property in accordance with the operator's accepted service standard for the handling and disposal of lost property.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
196 Effect of noncompliance notices—hire car operators
(1) This section applies to the accredited operator of a hire car if a noncompliance notice under section 234 (Attachment and removal of noncompliance notices) has been attached to the vehicle.
(2) The accredited operator commits an offence if the notice is attached to the vehicle and the accredited operator uses, or allows someone else to use, the vehicle to operate a hire car service after the time of effect of the notice.
Maximum penalty: 20 penalty units.
Note 1 For the time of effect , see s 234 (2) (b).
Note 2 Unauthorised removal of a noncompliance notice is an offence (see s 234 (4)).
(3) The accredited operator commits an offence if—
(a) the accredited operator uses, or allows someone else to use, the vehicle to operate a hire car service after the time of effect of the notice; and
(b) the accredited operator knows the notice has been removed other than in accordance with section 234.
Maximum penalty: 20 penalty units.
(4) This section does not apply to the accredited operator if a police officer or authorised person has directed under section 234 that the notice be taken to have been removed.
(5) Strict liability applies to subsections (2) and (3) (a).
Division 5.2.3 Hire car drivers
Note For the licensing of hire car drivers, see the Road Transport (Driver Licensing) Regulation 2000 .
197 Responsibility of drivers for condition of hire car
(1) A hire car driver must ensure that the hire car is clean and tidy.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
198 Responsibilities of hire car drivers for security cameras
(1) This section applies to a hire car driver if the vehicle is fitted with a security camera.
(2) The driver must—
(a) at the beginning of each shift of the driver , check whether the security camera is operating; and
(b) if the camera is not operating—tell the accredited operator of the hire car that the camera is not operating.
Maximum penalty: 5 penalty units.
Note The hire car driver must also comply with any standards about security cameras in hire cars, see s 219 (5).
(3) An offence against this section is a strict liability offence.
199 Restrictions on carriage of goods in hire cars
(1) A hire car driver must not allow anyone to place or carry a thing in the hire car if, because of its size or dimensions, the thing cannot be carried in the hire car without inconvenience or danger to anyone.
Maximum penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a disability and the thing is used by the person to alleviate the effect of the disability.
(3) An offence against this section is a strict liability offence.
200 Carriage of animals in hire cars
(1) A hire car driver must not allow a person to place or carry a dog, cat, bird or any other animal in the hire car if the animal is not suitably confined in a box, basket or other container.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if—
(a) the person has a disability and is accompanied by an animal trained to help the person to alleviate the effect of the disability; or
(b) the person is training an animal to help to alleviate the effect of a disability.
Note If a person is treated unfavourably because the person is accompanied by an animal trained to help the person alleviate the effect of a disability, the person is discriminated against (see Discrimination Act 1991 , s 9).
201 Responsibility of hire car drivers for lost property
(1) This section applies to a hire car driver if the driver finds lost property in the hire car or is given lost property under section 217 (Lost property found by hire car passengers).
(2) The driver must give the property to—
(a) its owner; or
(b) if the owner cannot be identified—the accredited operator of the hire car within 24 hours after finding or being given the property.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
202 Behaviour of hire car drivers generally
(1) A hire car driver must not—
(a) move the hire car while a door is open; or
(b) start or stop the hire car in a way that subjects a passenger or anyone else to unnecessary risk of injury; or
(c) eat or drink in the hire car while the hire car is hired.
Maximum penalty: 10 penalty units.
Note 1 Soliciting for passengers is prohibited under s 206.
Note 2 A hire car driver may not smoke in the hire car (see Smoke-free Areas (Enclosed Public Places) Act 1994 ).
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) (c) does not apply if the driver is eating or drinking for medical reasons.
203 Dress and conduct of hire car drivers
(1) A hire car driver must—
(a) be clean and tidy; and
(b) behave in an orderly way and with politeness and propriety towards every passenger, police officer and authorised person and other road users; and
(c) comply with every reasonable request of a passenger
Maximum penalty: 5 penalty units.
Example of reasonable request by passenger for par (c)
operating the hire car's airconditioning system (if any) when asked by the passenger
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) The driver of a vehicle that it is operating as a hire car (other than a restricted hire car) must, if a code of practice approved under section 218 (Code of practice—dress of hire car drivers) is in force, comply with the code of practice.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
204 Restricted hire cars—production of duplicate licence by hire car driver
(1) A hire car driver must, if the hire car is a restricted hire car, produce the duplicate licence for the hire car for inspection when required to do so by the road transport authority, a police officer or authorised person.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
205 Effect of noncompliance notices—hire car drivers
(1) This section applies to the driver of a hire car if a noncompliance notice under section 234 (Attachment and removal of noncompliance notices) has been attached to the vehicle.
(2) The driver commits an offence if the notice is attached to the vehicle and the driver uses, or allows someone else to use, the vehicle to operate a hire car service after the time of effect of the notice.
Maximum penalty: 20 penalty units.
Note 1 For the time of effect , see s 234 (2) (b).
Note 2 Unauthorised removal of a noncompliance notice is an offence (see s 234 (4)).
(3) The driver commits an offence if—
(a) the driver uses, or allows someone else to use, the vehicle to operate a hire car service after the time of effect of the notice; and
(b) the driver knows the notice has been removed other than in accordance with section 234.
Maximum penalty: 20 penalty units.
(4) This section does not apply to the driver if a police officer or authorised person has directed under section 234 that the notice be taken to have been removed.
(5) Strict liability applies to subsections (2) and (3) (a).
Division 5.2.4 Hire car hirings
206 Soliciting for hire car hirings prohibited
(1) A person must not solicit for passengers for, or for a hiring of, a hire car.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
207 Where hire car drivers must stop
(1) A hire car driver may refuse to stop the hire car at a place where stopping the hire car would be unlawful or, in the driver's opinion, unsafe.
(2) If a hire car driver stops on a road or road related area to drop off or pick up a passenger, the driver must stop parallel to, and as close as practicable to, the side of the road or area.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
208 Extra hire car passengers
(1) A hire car driver must not allow anyone else other than the hirer to travel in the hire car without the hirer's agreement.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
209 Hire car fares
(1) The hirer of a hire car must, at the end of the hiring, pay the hire car driver the fare for the hiring.
Maximum penalty: 5 penalty units.
(2) The fare cannot be more than the amount the hirer was told before the hiring.
(3) However, if a person has entered into an arrangement with the accredited operator of a hire car in relation to the ongoing hire of 1 or more hire cars, the person must pay the fare or fares in accordance with the arrangement.
(4) A person commits an offence if the person fails to comply with subsection (3).
Maximum penalty: 5 penalty units.
(5) An offence against this section is a strict liability offence.
(6) In this section:
"fare" means the amount agreed between the hire car's accredited operator or driver and the hirer for the hiring of the hire car, and includes any amount payable to carry goods.
Division 5.2.5 Conduct of hire car passengers
210 Offensive behaviour or language in hire cars
(1) A person commits an offence if the person—
(a) behaves in an offensive way in a hire car; or
(b) uses offensive language in a hire car.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
211 Eating and drinking in hire cars
(1) A person (other than a hire car driver) must not eat or drink in a hire car.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if the person is eating or drinking—
(a) with the hire car driver's agreement; or
(b) for medical reasons.
Note A person is not allowed to smoke in a hire car (see Smoke-free Areas (Enclosed Public Places) Act 1994 ).
212 Restrictions on carriage of animals in hire cars
(1) A person must not place or carry in a hire car a dog, cat, bird or any other animal if it is not suitably confined in a box, basket or other container.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if—
(a) the person has a disability and is accompanied by an animal trained to help the person to alleviate the effect of the disability; or
(b) the person is training an animal to help to alleviate the effect of a disability.
Note If a person is treated unfavourably because the person is accompanied by an animal trained to help the person alleviate the effect of a disability, the person is discriminated against (see Discrimination Act 1991 , s 9).
213 Hire car passengers—soiled clothing etc
(1) A hire car driver, police officer or authorised person may direct a person not to get into, or to get out of, a hire car if the driver, police officer or authorised person believes, on reasonable grounds, that—
(a) the person, the person's clothing or goods (or anything else on or carried by the person) may soil or damage the hire car or the clothing or goods of someone else; or
(b) any of the person's goods cannot, because of their size or dimensions, be carried in the hire car without inconvenience or danger to someone else.
(2) A person commits an offence if the person fails to comply with a direction under subsection (1).
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
(4) Subsections (1) and (2) do not apply if the person has a disability and the thing is used by the person to alleviate the effect of the disability.
214 Intoxicated hire car passengers
(1) A hire car driver, police officer or authorised person may direct a person not to get into, or to get out of, a hire car if the driver, police officer or authorised person believes, on reasonable grounds, that the person—
(a) is under the influence of alcohol or a drug; and
(b) is causing, or is likely to cause, a nuisance or annoyance to someone else.
(2) A person must comply with a direction given to the person under subsection (1).
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
215 Offender to get out of hire car when directed
(1) A hire car driver, police officer or authorised person may direct a person to get out of a hire car if the driver, police officer or authorised person believes, on reasonable grounds, that the person is committing an offence under this division.
(2) A person must comply with a direction given to the person under subsection (1).
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
216 Removal of people from hire cars
A person who fails to comply with a direction under this division to get out of a hire car may be removed from the hire car by a police officer.
217 Lost property found by hire car passengers
(1) A person who finds something in a hire car must return it to its owner or give it to the hire car driver or a police officer.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
Division 5.2.6 Other matters relating to hire car services
218 Code of practice—dress of hire car drivers
(1) The road transport authority may, in writing, approve a code of practice for the dress of hire car drivers (other than drivers of restricted hire cars).
(2) The approval of a code of practice under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
219 Standards about security cameras in hire car
(1) The road transport authority may, in writing, approve standards in relation to security cameras in hire cars.
(2) A standard may make provision in relation to security cameras in hire cars, including, for example—
(a) when security cameras may be installed; and
(b) the kinds of security cameras that may be installed; and
(c) the position of security cameras; and
(d) the operation of security cameras; and
(e) requirements about notices to be included in a hire car that has a security camera installed.
Note 1 The Privacy Act 1988 (Cwlth) imposes obligations on some private sector organisations in relation to the collection, storage, use and disclosure of personal information collected about an individual.
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) An approval under subsection (1) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4) A standard may apply, adopt or incorporate (with or without change) an instrument, or a provision of an instrument, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the Legislation Act.
(5) A person must not contravene a standard approved under subsection (1).
Maximum penalty: 20 penalty units.
(6) An offence against this section is a strict liability offence.
220 Interference with hire car security cameras and recordings
(1) A person must not, without lawful authority or excuse, interfere with a security camera in a hire car.
Maximum penalty: 20 penalty units.
(2) A person must not change or otherwise interfere with a recording made by a security camera in a hire car.
Maximum penalty: 20 penalty units.
Note For the destruction of recordings, see s 194.
(3) An offence against this section is a strict liability offence.
221 Authorisation for vehicles for other purposes—Act, s 65 (1) (b)
(1) In this section:
"authorised vehicle" means a vehicle authorised in writing by the road transport authority for this section.
(2) The road transport authority may declare, in writing, that the accredited operator of a hire car may use an authorised vehicle as a hire car to transport passengers along a road or road related area to and from the place or event stated in the declaration.
(3) The declaration must state the period during which the authorised vehicle may be used under the declaration.
(4) The declaration may include any other information the road transport authority considers appropriate.
(5) The Act, section 60D (Use of vehicles as hire cars) and division 5B.3 (Entitlement to operate hire car services) do not apply to the accredited operator for an authorised vehicle if the accredited operator uses the authorised vehicle in accordance with the declaration (including the conditions (if any) stated in the declaration).
(6) A declaration under subsection (2) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Chapter 6 Disciplinary action
Note 1 For the power to suspend, vary or cancel a public vehicle licence, see the Road Transport (Driver Licensing) Regulation 2000 , div 5.2.
Note 2 For the power to disqualify a person who is exempt from holding a public vehicle licence from driving a public vehicle on a road or road related area in the ACT, see the Road Transport (Driver Licensing) Regulation 2000 , div 6.4.
222 Meaning of service authority for ch 6
In this chapter:
"service authority" means—
(a) an accreditation to operate a public passenger service; or
(b) an accreditation to operate a taxi network; or
(c) a hire car licence or taxi licence.
223 When authority may take action in relation to accreditations and licences
(1) The road transport authority may take action under section 225 (Procedure for authority taking disciplinary action) in relation to an accreditation held by a person if—
(a) a ground mentioned in section 8 (Mandatory refusal of accreditation) applies in relation to the person (including in relation to a relevant person for the accreditation); or
(b) the person has contravened an accepted service standard or an approved minimum service standard for the accreditation; or
(c) the person has contravened a condition of the person's accreditation; or
(d) the person, or a relevant person for the accreditation, has contravened any other provision of the Act; or
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(e) the person has not maintained a public vehicle policy in accordance with the Road Transport (General) Act 1999 , section 217 (Public vehicle insurance compulsory) for a public passenger vehicle operated by the person; or
(f) the person obtained the accreditation (or renewal of the accreditation) because of a false or misleading statement made, or false or misleading information supplied, by the person or a relevant person for the accreditation.
(2) The road transport authority may take action under section 225 in relation to a hire car licence or taxi licence (the licence ) held by a person if—
(a) the person is operating the kind of public passenger service to which the licence relates without being accredited to operate the service; or
(b) the person has contravened a condition of the person's licence; or
(c) the person has contravened any other provision of the Act in relation to the licence; or
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(d) the person obtained the licence (or the renewal of the licence) because of a false or misleading statement made, or false or misleading information supplied, by the person; or
(e) the authority is taking action against the person under subsection (1) in relation to the operation of a hire car service or taxi service.
(3) In this section:
"relevant person", in relation to an application for accreditation (including renewal) by a person or an accreditation held by a person—see section 6B.
224 Action that may be taken in relation to accreditations and licences
(1) The road transport authority may take any 1 or more of the following actions under section 225 (Procedure for authority taking disciplinary action) in relation to a service authority held by a person:
(a) cancel the service authority, and disqualify the person from applying for a service authority of that kind for a period of not longer than 2 years;
(b) suspend the service authority for a period of not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for a service authority of that kind for a period of not longer than 1 year;
(c) if the service authority is already suspended—do either of the following:
(i) cancel the service authority and disqualify the person from applying for a service authority of that kind for a period of not longer than 2 years;
(ii) suspend the service authority for an additional period of not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for a service authority of that kind for a period, or an additional period, of not longer than 1 year;
(d) direct the person to undertake particular training;
(e) impose a condition on, or amend a condition of, the service authority;
(f) order the person to pay to the Territory an amount of not more than—
(i) for an individual—$5 000; or
(ii) for a corporation—$25 000;
(g) reprimand the person.
(2) If the person holds more than 1 kind of service authority, the road transport authority may take action in relation to 1 or more of the service authorities.
225 Procedure for authority taking disciplinary action
(1) If the road transport authority proposes to take action under this section in relation to a person's service authority, the authority must give the person a notice (a disciplinary notice ) that—
(a) states the proposed action (including any proposed period of suspension or disqualification from applying for a service authority of a particular kind); and
(b) if the person holds more than 1 kind of service authority—states the service authority or service authorities to which the proposed action relates; and
(c) states the grounds for the proposed action; and
(d) invites the person to make written representations within a stated period why the proposed action should not be taken.
(2) For subsection (1) (d), the period stated in the disciplinary notice must be—
(a) if the disciplinary notice includes an immediate suspension notice under section 226—a period of at least 14 days after the day the person is given the notice; or
(b) in any other case—a period of at least 28 days after the day the person is given the notice.
(3) In deciding whether to take action under this section, the road transport authority must consider any response given to the authority in accordance with subsection (1) (d).
(4) If the road transport authority is satisfied that grounds for taking action under this section have been established, the authority may take any of the following actions:
(a) if the proposed action included cancelling the service authority—cancel the service authority, suspend the service authority for a period of not longer than 1 year or impose a condition on, or amend a condition of, the service authority;
(b) if the proposed action included suspending the service authority for a stated period or a stated additional period—either suspend the service authority for a period of not longer than that period or impose a condition on, or amend a condition of, the service authority;
(c) if the proposed action included disqualifying the person from applying for a service authority of that kind for a stated period or stated additional period—either disqualify the person from applying for a service authority of that kind for not longer than that period or impose a condition on, or amend a condition of, the service authority;
(d) if the proposed action included imposing a condition on, or amending a condition of, the service authority—impose a condition on, or amend a condition of, the service authority that is no more onerous than the proposed condition or a condition as proposed to be amended;
(e) if the proposed action included ordering the person to pay an amount of money to the Territory—order the person to pay to the Territory an amount of not more than that amount;
(f) in any case—direct the person to undertake particular training or reprimand the person.
(5) The road transport authority must tell the person in writing of the decision.
Note The notice must be in accordance with the code of practice for notification of reviewable decisions and review rights (see Road Transport (General) Act 1999 , s 91 and Road Transport (General) Regulation 2000 , sch 1).
(6) If the road transport authority decides to cancel or suspend the service authority, disqualify the person from applying for a service authority or impose or amend a condition on the service authority, the authority must also tell the person in writing when the cancellation, suspension, disqualification, condition or condition as amended takes effect.
(7) A suspension, cancellation or condition must not take effect earlier than 7 days after the day the person is told about the decision.
(8) An amount ordered to be paid under subsection (4) (e) is a debt owing to the Territory.
(9) If the debt is owed by 2 or more people, their liability for the debt is joint and several.
226 Immediate suspension of accreditation or licence
(1) This section applies if the road transport authority—
(a) has decided to give, or has given, a disciplinary notice to a person; and
(b) believes, on reasonable grounds, that it is in the public interest that a service authority held by the person be suspended as soon as practicable before a decision is made to take action under section 225 (4) (Procedure for authority taking disciplinary action) in relation to the person.
(2) In forming the belief, the road transport authority must consider—
(a) the circumstances leading to the decision to issue the disciplinary notice; and
(b) the grounds stated, or proposed to be stated, in the disciplinary notice.
(3) If this section applies, the road transport authority may give the person a notice (an immediate suspension notice ) suspending the service authority.
(4) If an immediate suspension notice is given to the person, the service authority is suspended on the receipt of the notice by the person.
(5) An immediate suspension notice given in relation to a service authority ends—
(a) if the service authority is cancelled or suspended under section 225 (4)—when the cancellation or suspension takes effect; or
(b) if a condition is imposed on the service authority, or a condition of the service authority is amended—when the condition or amended condition takes effect; or
(c) in any other case—when the person is told under section 225 (5) of the decision made on the disciplinary notice.
227 Effect of suspension of accreditation or licence
If the road transport authority suspends a person's service authority (or a service authority of a particular kind), the person is, during the period of the suspension—
(a) taken not to hold a service authority (or a service authority of that kind) under this regulation; and
(b) disqualified from applying for a service authority under this regulation (or a service authority of that kind).
228 Return of certificate of accreditation or licence
(1) The holder of a service authority commits an offence if the person's service authority is suspended or cancelled and the person does not, as soon as practicable but within 7 days of the suspension or cancellation taking effect—
(a) return the certificate of accreditation, taxi licence or hire car licence (as appropriate) to the road transport authority; or
(b) if the certificate or licence has been lost, stolen or destroyed—give the authority a statement, verified by statutory declaration, that the certificate or licence has been lost, stolen or destroyed.
Maximum penalty: 5 penalty units.
Note The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
(2) An offence against this section is a strict liability offence.
(3) If a person's service authority is suspended and it has not expired when the suspension ends, the road transport authority must return the certificate of accreditation or hire car licence or taxi licence (as appropriate) to the person.
Chapter 7 Enforcement
229 Purpose of powers under ch 7
The powers under this chapter may be exercised by the road transport authority, a police officer or an authorised person to decide whether—
(a) there has been compliance with, or a contravention of, the Act (including, for example, the conditions of an accreditation, a taxi licence or hire car licence or an accepted service standard); or
(b) a public passenger vehicle complies with the Road Transport (Vehicle Registration) Act 1999 .
Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
230 Power to require records or information
(1) The road transport authority, a police officer or an authorised person may, by written notice, require a person to provide records or information within the reasonable time stated in the notice.
(2) The notice may only require a person to provide records that are in the person's possession or control.
(3) The road transport authority, police officer or authorised person may take copies of any record provided in response to the notice.
(4) A record required by a notice must be provided in written form except as provided by the notice.
(5) A person commits an offence if the person fails to comply with a notice given to the person under this section.
Maximum penalty: 20 penalty units.
(6) An offence against this section is a strict liability offence.
231 Power to inspect maintenance facilities
(1) For this chapter, a police officer or authorised person may, at any reasonable time, enter any premises used for or in relation to the maintenance of a public passenger vehicle (other than any part of premises being used solely for residential purposes).
(2) The police officer or authorised person may—
(a) inspect records in the premises relating to the maintenance of public passenger vehicles carried out at the premises; and
(b) inspect the premises; and
(c) inspect or test any equipment in the premises used or proposed to be used for or in relation to the maintenance of a public passenger vehicle.
Note The dictionary definition of inspect a vehicle includes observe the performance of the vehicle or any of its equipment, with or without the use of instruments.
(3) For subsection (2) (a), the police officer or authorised person may—
(a) require the person apparently in charge of the premises, or anyone else who has the custody or control of the records, to produce them to the police officer or authorised person for inspection; and
(b) make copies of, or take extracts from, a record and, for that purpose, may take possession of the record and, if necessary, keep it for not longer than 7 days.
(4) For subsection (2) (c), the police officer or authorised person may do any 1 or more of the following:
(a) operate any equipment in the premises;
(b) ask the person apparently in charge of the premises to give the police officer or authorised person any information the police officer or authorised person reasonably requires to inspect or test any equipment in the premises;
(c) ask the person apparently in charge of the premises to do anything else the police officer or authorised person reasonably requires to inspect or test any equipment in the premises.
(5) A person commits an offence if the person fails to comply with a request made by a police officer or authorised person under this section.
Maximum penalty: 20 penalty units.
(6) An offence against this section is a strict liability offence.
(7) An authorised person who enters premises under this section is not authorised to remain in the premises if, when asked by the person in charge of the premises, the authorised person does not produce his or her identity card.
232 Power to inspect and test vehicles
(1) A police officer or authorised person may inspect a public passenger vehicle, or any other vehicle that the police officer or authorised person believes, on reasonable grounds, is operating, or has operated, as a public passenger vehicle, and may inspect and test its equipment and fittings.
Note The dictionary definition of inspect a vehicle includes observe the performance of the vehicle or any of its equipment, with or without the use of instruments.
(2) Without limiting subsection (1), the police officer or authorised person may, for that subsection, do any 1 or more of the following:
(a) if the vehicle is being driven—ask or signal the driver of the vehicle to stop the vehicle;
(b) get into and remain in the vehicle;
(c) operate the vehicle and any of its equipment;
(d) ask the driver or anyone else apparently in charge of the vehicle to—
(i) give the police officer or authorised person any information the police officer or authorised person reasonably requires to inspect or test the vehicle; or
(ii) do anything else the police officer or authorised person reasonably requires to inspect or test the vehicle.
(3) If a vehicle is stopped because of a request or signal under subsection (2) (a), any inspection or testing of the vehicle must be carried out—
(a) at, or as near as practicable to, the place where the request or signal is made or given; and
(b) as soon as practicable, and in any case within 1 hour, after the vehicle is stopped.
(4) A person commits an offence if the person fails to comply with a request or signal made or given by a police officer or authorised person under this section.
Maximum penalty: 20 penalty units.
(5) An offence against this section is a strict liability offence.
233 Power to require vehicles or equipment to be inspected and tested
(1) A police officer or authorised person may, by written notice given to the operator of a public passenger vehicle, or any other vehicle that the police officer or authorised person believes, on reasonable grounds, is operating, or has operated, as a public passenger vehicle, require the person to have the vehicle and its equipment and fittings (or stated equipment) inspected or tested.
(2) The notice may require any of the following:
(a) the inspection and testing to be carried out within or at a stated reasonable time;
(b) the inspection and testing to be carried out by or in the presence of a police officer, an authorised person or anyone else;
(c) the inspection and testing to be carried out at a stated reasonable place;
(d) a report of the inspection and testing to be given to a police officer, an authorised person or the road transport authority within a stated reasonable time;
(e) anything else reasonably necessary or convenient for the inspection and testing.
(3) A person commits an offence if the person fails to comply with a notice given to the person under subsection (1).
Maximum penalty: 20 penalty units.
(4) An offence against this section is a strict liability offence.
(5) In subsection (1):
"operator", of a vehicle, includes the responsible person for the vehicle within the meaning of the Road Transport (General) Act 1999 , section 10 and section 11.
234 Attachment and removal of noncompliance notices
(1) A police officer or authorised person, or a person inspecting a vehicle under this chapter, may attach a notice (a noncompliance notice ) to the vehicle if the officer or person suspects, on reasonable grounds, that—
(a) the vehicle or its equipment or fittings, or its servicing or maintenance, do not comply with this regulation; or
(b) the vehicle (including its equipment and fittings) does not comply with the Road Transport (Vehicle Registration) Act 1999 .
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) The notice must state—
(a) the action necessary for the vehicle, equipment or fittings, or its servicing or maintenance, to comply with this regulation or the Road Transport (Vehicle Registration) Act 1999 ; and
(b) a date and time (the time of effect ) after which the vehicle must not be operated as a public passenger vehicle if the notice has not been removed by a police officer or authorised person.
(3) A police officer or authorised person may remove the noncompliance notice from the vehicle, or direct in writing that it be taken to have been removed, if satisfied on inspection or testing of the vehicle or its equipment or fittings that the necessary action mentioned in the notice has been taken.
(4) A person other than a police officer or authorised person commits an offence if the person removes a noncompliance notice from a public passenger vehicle.
Maximum penalty: 20 penalty units.
(5) An offence against this section is a strict liability offence.
(6) A police officer's or authorised person's power to issue a noncompliance notice for a public passenger vehicle under this section is additional to the power of the police officer or authorised person to issue a defect notice under the Road Transport (Vehicle Registration) Regulation 2000 for a public passenger vehicle.
235 Police officer or authorised person—power to require name and address etc
(1) A police officer or authorised person may require a person to state the person's name and home address if the police officer or authorised person believes, on reasonable grounds, that the person is committing or has committed an offence against this regulation.
(2) The police officer or authorised person must tell the person the reason for the requirement and, as soon as practicable, record the reason.
(3) The person may ask the police officer or authorised person to produce his or her identity card for inspection by the person.
(4) A person must comply with a requirement made of the person under subsection (1) if—
(a) the police officer or authorised person tells the person the reason for the requirement; and
(b) for a request made by an authorised person—the authorised person has complied with the Road Transport (General) Act 1999 , section 21 (Power not to be exercised before identity card shown).
Maximum penalty: 10 penalty units.
(5) An offence against this section is a strict liability offence.
(6) In this section:
"home address", of a person, means the address of the place where the person usually lives.
Chapter 8 Transitional provisions
Part 8.1 Small buses exemption
236 Exemption of certain small buses—Act, s 65 (1) (a)
(1) This section applies to a small bus if, on 8 March 2005, it was being used to operate a tour and charter service.
(2) The small bus is, until 1 July 2010, exempt from that part of the Act, section 60G (Meaning of hire car ) that prevents a bus being a leased hire car.
(3) In this section:
"small bus" means a motor vehicle built mainly to carry people that seats up to 9 adults (including the driver) that, on 30 November 2001, had a distinguishing registration number with the letters ‘MO' followed by 1 to 3 numerals.
(4) This chapter expires on 1 July 2010.
Part 8.2 General provisions
237 Definitions for pt 8.2
In this part:
"commencement" means the commencement of the Road Transport (Public Passenger Services) (Hire Cars) Amendment Act 2004 , section 13.
"General Act" means the Road Transport (General) Act 1999 , as in force immediately before the commencement.
238 Application for transfer of private hire car operator's licence
An application under the General Act, section 121 (1) that had not been finally dealt with before the commencement is taken, after the commencement, to be an application for the transfer of the licence under the Act, section 60C (4) (Transferability of hire car licences).
239 Suspended hire car licences
(1) This section applies to a suspension in force immediately before the commencement under any of the following provisions of the General Act:
(a) section 122 (Suspension or cancellation of private hire car operator's licence);
(b) section 132 (Suspension or cancellation of restricted hire vehicle operator's licence);
(c) section 156 (Refusal, cancellation or suspension of licences or registration etc).
(2) The suspension is taken, after the commencement, to be a suspension in force under section 225 (Procedure for authority taking disciplinary action).
(3) To remove any doubt, the date when the suspension began and the duration of the suspension are not affected by this section.
240 Pending applications for restricted hire vehicle operator's licences
An application under the General Act, section 126 (1) that had not been finally dealt with before the commencement is taken, after the commencement, to be an application for the issue of a restricted hire car licence under section 166 (Application procedure for issue of hire car licences).
241 Variation of restricted hire car licence conditions
(1) An application under the General Act, section 128 (1) for the variation, revocation or imposition of a condition that had not been finally dealt with before the commencement is taken, after the commencement, to be an application for the amendment, revocation or imposition of a condition under section 169 (Issue or amendment of hire car licence subject to conditions).
(2) A notice under the General Act, section 129 (1) that had not been finally dealt with before the commencement is taken, after the commencement, to be a notice under section 170 (2) (Hire car licences—procedure for imposition etc of conditions on authority's initiative).
242 Review of decisions of authority
(1) This section applies to a decision made by the road transport authority under the General Act, part 9 (Public vehicles) in relation to the licensing or operation of a private hire car or restricted hire vehicle.
(2) The General Act, part 7 (Review of decisions under road transport legislation) applies to the decision as if it had been made under the corresponding provision of the regulation.
243 Noncompliance notices
(1) A noncompliance notice issued under the Road Transport (Hire Vehicle Services) Regulation 2000 that was in force immediately before the commencement is taken, after the commencement, to be a noncompliance notice under section 234 (Attachment and removal of noncompliance notices).
(2) To remove any doubt, the operation (including duration) of the noncompliance notice is not affected by this section.
244 Taxi network performance standards
(1) This section applies despite the repeal of the Road Transport (Public Passenger Services) Approval of Taxi Network Performance Standards 2003 (No 1) DI2003-298 (the repealed standards ).
(2) Until approved minimum service standards for taxi network services commence, the repealed standards as in force immediately before the commencement are taken, immediately after the commencement, to be the approved minimum service standards for the operation of a taxi network.
245 Expiry of pt 8.2
This part expires on 10 March 2006.
Part 8.3 Modification of Act
246 Modification of Act, pt 7, s 69—Act, s 68
The Act, section 69 (Continuation of hire car licences) is modified by inserting the following subsection:
(5) In this section:
"holder", of a private hire car operator's licence under the General Act, means the owner of the licence.
247 Expiry of pt 8.3
This part expires on 10 March 2006.
Part 8.4 Transitional licensing provisions
248 Temporary licensing of small bus operators
(1) A person who, immediately before the commencement, was the registered operator of a small bus is taken, after the commencement, to be the holder of a leased hire car licence that ends on the day declared for section 167 (7) (Issue of hire car licences).
(2) In this section:
"registered operator"—see the Road Transport (Vehicle Registration) Act 1999 , dictionary.
"small bus"—see section 236 (3).
249 Issue of leased hire car licences to certain existing licence holders
(1) In this section:
"qualified person" means any of the following people:
(a) a person to whom the Act, section 69 (2) (a) applies if the person tells the road transport authority, in writing, that the person accepts an offer from the Territory to buy the person's hire car licence;
(b) a person who, immediately before the commencement, was the lessee of a private hire car operator's licence;
(c) a person who, immediately before the commencement, was the registered operator of a small bus.
"private hire car operator's licence" means a private hire car operator's licence under the Road Transport (General) Act 1999 that was in force immediately before the repeal of that Act, part 9 (Public vehicles).
"registered operator"—see the Road Transport (Vehicle Registration) Act 1999 , dictionary.
"small bus"—see section 236 (3).
(2) The road transport authority may, on application under section 166 by a qualified person, issue a leased hire car licence to the person.
(3) Section 167 (7) (Issue of hire car licences) does not apply in relation to the issue of the licence to the person.
(4) To remove any doubt—
(a) the licence may be issued subject to conditions; and
(b) section 167 (1) and (2) (b) applies in relation to the issue of the licence.
250 Short-term leased hire car licences
(1) In this section:
"short-term leased hire car licence" means a leased hire car licence that is valid for a maximum of 2 days.
(2) The road transport authority may, on application under section 166 by a restricted hire car licensee, issue a short-term leased hire car licence to the person.
(3) However, the road transport authority must not issue a short-term leased hire car licence to the person if the person holds, or has held, more than 5 such licences.
(4) Section 167 (2) (a), (4) and (7) (Issue of hire car licences), and section 203 (2) (Dress and conduct of hire car drivers), do not apply in relation to the issue of a short-term leased hire car licence.
(5) For the Act, section 65 (1) (a) (Regulations may exempt vehicles and people from Act), the following provisions of the Act do not apply in relation to a licensee under a short-term leased hire car licence while the licensee is operating a vehicle as a hire car in accordance with the licence:
(a) section 60M (a) (Entitlement to operate hire car services);
(b) section 60N (1) (Unaccredited operators not to operate hire car services).
(6) To remove any doubt—
(a) a short-term leased hire car licence may be issued subject to conditions; and
(b) section 167 (1) and (2) (b) applies in relation to the issue of a short-term leased hire car licence.
(7) Any short-term leased hire car licence that that has not expired 30 days after the day declared under section 167 (7) expires on that day.
251 Short-term restricted hire car licences
(1) In this section:
"short-term restricted hire car licence" means a restricted hire car licence that is valid for a maximum of 2 days.
(2) The road transport authority may, on application under section 166 by a person who is not the holder of a hire car licence, issue a short-term restricted hire car licence to the person.
(3) However, the road transport authority must not issue a short-term restricted hire car licence to the person if the person holds, or has held, more than 2 such licences.
(4) Section 167 (2) (a) and (5) (Issue of hire car licences) does not apply in relation to the issue of a short-term restricted hire car licence.
(5) For the Act, section 65 (1) (a) (Regulations may exempt vehicles and people from Act), the following provisions of the Act do not apply in relation to a licensee under a short-term restricted hire car licence while the licensee is operating a vehicle as a restricted hire car in accordance with the licence:
(a) section 60M (a) (Entitlement to operate hire car services);
(b) section 60N (1) (Unaccredited operators not to operate hire car services).
(6) To remove any doubt—
(a) a short-term restricted hire car licence may be issued subject to conditions; and
(b) section 167 (1) and (2) (b) applies in relation to the issue of a short-term restricted hire car licence.
(7) Any short-term restricted hire car licence that has not expired 30 days after the day declared under section 167 (7) expires on that day.
252 Expiry of pt 8.4
This part expires 30 days after the day declared under section 167 (7).