Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 1 Road Transport (Public Passenger Services) Regulation 2002—minor and consequential amendments
(see s 3)
substitute
4A Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this regulation (see Code, pt 2.1):
• s 18A (Recovery of lost or stolen certificate of accreditation)
• s 30A (Advertisements for bus services to display accreditation number)
• s 34 (Effect of noncompliance notices—bus operators)
• s 45 (Effect of noncompliance notices—bus drivers)
• s 88 (Taxi licensees to notify change of name or address)
• s 95 (Taxis to be fitted with complying taximeters)
• s 112 (Effect of noncompliance notices—taxi operators)
• s 126 (Effect of noncompliance notices—taxi drivers)
• s 134 (Operation of taxi roof sign by drivers)
• s 143 (Driver not to start taximeter before hiring begins)
• s 143A (When driver must start taximeter)
• s 143B (Operation of taximeter during hiring)
• s 143C (Operation of taximeter at end of hiring)
• s 144 (Driver to ask for correct fare)
• s 144A (Payment of taxi fare)
• s 144B (ACT Taxi Subsidy Scheme vouchers—offences)
• a provision of ch 5 (Hire cars)
• a provision of ch 6 (Disciplinary action)
• a provision of ch 7 (Enforcement).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
[1.2] Section 9
omit everything before paragraph (b), substitute
9 Discretionary refusal of accreditation
The road transport authority may refuse an application for accreditation (including renewal) if the authority believes, on reasonable grounds, that—
(a) a relevant person has failed to comply with a requirement of the Act relating to the application; or
[1.3] Section 11 (5)
substitute
(5) This section does not affect the taking of action under chapter 6 (Disciplinary action).
substitute
21 Maintenance of buses
(1) The accredited operator of a bus must not use the vehicle, or allow someone else to use the vehicle, to operate a bus 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) The accredited operator of a bus must not use the vehicle, or allow someone else to use the vehicle, to operate a bus 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).
(3) An offence against this section is a strict liability offence.
omit
5 days
substitute
7 days
substitute
34 Effect of noncompliance notices—bus operators
(1) This section applies to the accredited operator of a bus 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 bus 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 bus 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 subsection (2) and (3) (a).
substitute
45 Effect of noncompliance notices—bus drivers
(1) This section applies to the driver of a bus 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 bus 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 bus 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 subsection (2) and (3) (a).
omit
substitute
82 Taxi licences that may be issued
(1) The road transport authority may issue the following kinds of taxi licences:
(a) taxi licences (other than restricted taxi licences);
(b) restricted taxi licences.
Note A taxi licence is a licence to use a vehicle as a taxi (see the Act, s 37). A general reference in this regulation to a taxi licence includes both the above kinds of licences (see Legislation Act, s 155).
(2) A restricted taxi licence may only authorise the licensee to operate the vehicle to which the licence relates as—
(a) a wheelchair accessible taxi; or
(b) a restricted cross border taxi.
(3) In this section:
"restricted cross border taxi" means a licensed taxi-cab under the Passenger Transport Act 1990 (NSW) that is approved by the road transport authority to operate as a taxi in the ACT under arrangements between the authority and the NSW Government.
substitute
83 Application procedure for taxi licences
(1) A person (the applicant ) may apply to the road transport authority for the issue of a taxi licence of a particular kind.
Note A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
(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.
84 Issue of taxi licences
(1) The road transport authority may refuse to issue a taxi licence to an applicant if the authority believes, on reasonable grounds, that the applicant—
(a) has contravened a condition of another taxi licence held by the person; 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 taxi licence of a particular kind if the issue of the licence would exceed the number of licences of that kind determined under the Act, section 39 (1) (Maximum numbers of taxi licences).
(3) The road transport authority must refuse to issue a taxi licence (other than a restricted taxi licence) if the authority must refuse to register the vehicle to which the application relates as a taxi under the Road Transport (Vehicle Registration) Regulation 2000 , section 32B (Deciding applications for registration—taxis).
(4) The road transport authority must refuse to issue a restricted taxi licence to the applicant if the applicant is not accredited to operate a restricted taxi service.
(5) The road transport authority must issue a taxi licence to the applicant if—
(a) the applicant makes an application to the authority under section 83; and
(b) the authority does not refuse the application under this section.
(6) The maximum period for which the road transport authority may issue a restricted taxi licence is 6 years.
(7) The road transport authority may not renew a restricted taxi licence.
substitute
(a) on the authority's own initiative or on the application of the applicant for a licence or the licensee; and
substitute
86 Taxi 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 85 (2) to amend the taxi licence to impose, amend or revoke a condition imposed by the authority (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).
86A Conditions of taxi licences
A taxi 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.
87 Form of taxi licences
(1) A taxi licence issued to a person must show—
(a) the taxi licence number allocated to the person; and
(b) the person's full name and address; and
(c) the kind of licence; and
(d) the expiry date (if any) of the licence.
(2) A licence may also include any additional information that the road transport authority considers appropriate.
substitute
(1) If a taxi 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.
Maximum penalty: 20 penalty units.
omit
It is a defence to an offence against subsection (1) if—
substitute
Subsection (1) does not apply if—
substitute
93 Maintenance of taxis
(1) The accredited operator of a taxi must not use the vehicle, or allow someone else to use the vehicle, to operate a taxi 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) The accredited operator of a taxi must not use the vehicle, or allow someone else to use the vehicle, to operate a taxi 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).
(3) An offence against this section is a strict liability offence.
insert
(4) This section does not apply to a recording made by a security camera in a taxi.
Note For the keeping and destruction of security camera recordings, see s 79 (2).
omit
The road transport authority, police officer or authorised person
substitute
The road transport authority, a police officer or an authorised person
substitute
112 Effect of noncompliance notices—taxi operators
(1) This section applies to the accredited operator of a taxi 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 taxi 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 taxi 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 subsection (2) and (3) (a).
substitute
126 Effect of noncompliance notices—taxi drivers
(1) This section applies to the driver of a taxi 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 the vehicle to operate a taxi 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 the vehicle to operate a taxi 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 subsection (2) and (3) (a).
insert
• Corporations Act
• found guilty
insert
• restricted hire car
• taxi
[1.22] Dictionary, new definition of applicable vehicle standards
insert
"applicable vehicle standards"—see the Road Transport (Vehicle Registration) Regulation 2000 , section 103.
[1.23] Dictionary, definition of applicant
substitute
"applicant", for accreditation (including renewal), for part 2.2 (Accreditation procedure)—see section 7 (1).
[1.24] Dictionary, definitions of approved taxi network performance standard and bus stop
omit
[1.25] Dictionary, definition of disciplinary notice
substitute
"disciplinary notice"—see section 225 (1) (Procedure for authority taking disciplinary action).
[1.26] Dictionary, new definitions of duplicate restricted hire car licence and executive officer
insert
"duplicate restricted hire car licence" means the duplicate restricted hire car licence mentioned in section 172 (3) (Form of hire car licences), including any document that forms part of the licence under section 171 (Conditions of hire car licences).
"executive officer", for part 2.2 (Accreditation procedure)—see section 6.
[1.27] Dictionary, definition of immediate suspension notice
substitute
"immediate suspension notice"—see section 226 (3).
[1.28] Dictionary, definition of mandatory disqualifying offence
substitute
"mandatory disqualifying offence", for part 2.2 (Accreditation procedure)—see section 6.
[1.29] Dictionary, definition of noncompliance notice
substitute
"noncompliance notice"—see section 234 (1).
[1.30] Dictionary, definition of relevant person
substitute
"relevant person", in relation to an application for accreditation (including renewal) by a person or an accreditation held by a person—see section 6B.
[1.31] Dictionary, new definition of restricted hire car licence label
insert
"restricted hire car licence label" means a label issued under section 168.
[1.32] Dictionary, definition of service authority
substitute
"service authority", for chapter 6 (Disciplinary action)—see section 222.
[1.33] Dictionary, definition of service standard
omit
[1.34] Dictionary, definition of time of effect
substitute
"time of effect", for a noncompliance notice—see section 234 (2) (b).
[1.35] Dictionary, definition of vehicle standards
omit