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ROAD TRANSPORT LEGISLATION (HIRE CARS) AMENDMENT REGULATION 2005 (NO 1) (NO 4 OF 2005) - SCHEDULE 2

Schedule 2     Other amendments

(see s 3)

Part 2.1     Road Transport (Driver Licensing) Regulation 2000

[2.1]     Section 11 (2), table of public vehicle licence codes

substitute

Table 11     Public vehicle licence codes

column 1
item

column 2
kind of public vehicle

column 3
code

1

public bus

O

2

taxi (including a restricted taxi)

T

3

hire car (other than restricted hire car) that is not a motorbike

H

4

restricted hire car that is not a motorbike

W

5

hire car (including a restricted hire car) that is a motorbike

M

[2.2]     Section 62 (3) (f)

omit

restricted hire vehicle

substitute

hire car

[2.3]     Section 87 (3) (b)

omit

the public vehicle section

substitute

the Road Transport (Public Passenger Services) Regulation 2002

[2.4]     Dictionary, new definition of hire car

insert

"hire car"—see the Road Transport (Public Passenger Services) Act 2001 , section 60G.

[2.5]     Dictionary, definition of public vehicle regulation

omit

[2.6]     Dictionary, definition of restricted hire vehicle

substitute

"restricted hire car"—see the Road Transport (Public Passenger Services) Act 2001 , section 60H.

Part 2.2     Road Transport (General) Regulation 2000

[2.7]     Section 3 heading

substitute

3     Dictionary

[2.8]     Section 14 (1) (k)

substitute

        (k)     a fee, charge or other amount paid in relation to an application for the issue or transfer of a taxi licence or hire car licence under the Road Transport (Public Passenger Services) Act 2001 if the application is refused;

[2.9]     New section 14 (3) (da)

insert

        (da)     a fee, charge or other amount paid in relation to the issue of a restricted taxi licence for a wheelchair accessible taxi or leased hire car licence under the Road Transport (Public Passenger Services) Act 2001 if the licence is surrendered;

[2.10]     Section 14 (3)

renumber paragraphs when regulation next republished under Legislation Act

[2.11]     Section 16 (1) (h)

substitute

        (h)     a fee, charge or other amount paid in relation to the issue or transfer of a taxi licence or hire car licence under the Road Transport (Public Passenger Services) Act 2001 .

[2.12]     Section 25 (3), definition of complying statutory write-off notice , paragraph (a)

omit

motorcycle

substitute

motorbike

[2.13]     Schedule 1, parts 1.5, 1.5A and 1.6

substitute

Part 1.5     Road Transport (General) Act 1999

column 1
item

column 2
provision

column 3
decision

1

165 (5)

Minister—refuse to approve authorised insurer as an approved authorised insurer for section 165

2

207 (1) (a)

Minister—impose conditions on approval of corporation as authorised insurer

3

207 (1) (b)

Minister—refuse to approve corporation as authorised insurer

4

209 (1)

Minister—cancel insurer's approval as authorised insurer

Part 1.6     Road Transport (General) Regulation 2000

column 1
item

column 2
provision

column 3
decision

1

29 (2)

road transport authority—recording a vehicle as written-off in written-off vehicles register on authority's own initiative

[2.14]     Schedule 1, part 1.8, item 12

substitute

12    

84

road transport authority—refuse to issue taxi licence

[2.15]     Schedule 1, part 1.8, items 27 to 33

substitute

27

163 (1) (b)

road transport authority—refuse to approve use of bus as taxi

28    

167

road transport authority—refuse to issue/renew hire car licence

29

169 (1)

road transport authority—issue/renew hire car licence subject to condition imposed by authority

30    

169 (2)

road transport authority—amend/revoke, or refuse to amend/revoke, condition imposed on hire car licence by authority

31

169 (2)

road transport authority—amend/revoke, or refuse to amend/revoke, condition imposed on hire car licence on application by licensee

32

175 (1)

road transport authority—refuse to issue replacement hire car licence for licence that has been lost, stolen or destroyed

33    

225 (4)

road transport authority—suspend/cancel service authority/disqualify from applying for service authority (including suspending or disqualifying for additional period)/impose/vary condition on service authority/impose financial penalty/reprimand

Note     A service authority is an accreditation or a hire car or taxi licence under the Road Transport (Public Passenger Services) Regulation 2002 .

34    

226 (3)

road transport authority—immediately suspend service authority

35

234 (3)

police officer or authorised person—refuse to remove noncompliance notice

36

234 (3)

police officer or authorised person—refuse to direct that noncompliance notice be taken to have been removed

[2.16]     Dictionary, new definition of service authority

insert

"service authority"—see the Road Transport (Public Passenger Services) Regulation 2002 , section 222.

Part 2.3     Road Transport (Offences) Regulation 2001

[2.17]     Section 8 (1) (c) and (d)

omit

[2.18]     Section 8 (1)

renumber paragraphs when regulation next republished under Legislation Act

[2.19]     Schedule 1, part 1.7, items 16 to 29

omit

[2.20]     Schedule 1, part 1.7

renumber items when regulation next republished under Legislation Act

[2.21]     Schedule 1, part 1.7A

renumber as schedule 1, part 1.8 when regulation next republished under Legislation Act

[2.22]     Schedule 1, part 1.8

omit

[2.23]     Schedule 1, part 1.10, new items 17 to 24

insert

17

60D (1)

use of vehicle not licensed as hire car as a hire car

50



18

60D (2)

use of vehicle not licensed as restricted hire car as a restricted hire car

50



19

60E (1)

pretend vehicle licensed as hire car

30



20

60E (2)

pretend vehicle licensed as restricted hire car

30



21

60N (1)

unaccredited person operate particular kind of hire car service

50



22

60O (1)

pretend to be accredited to operate hire car service

30



23

60O (2)

pretend to be accredited to operate particular kind of hire car service

30



24

60T (1)

unauthorised use of vehicle for paid passenger transport

50



[2.24]     Schedule 1, part 1.11, new item 4A

insert

4A    

18A (2)

not return recovered certificate of accreditation

20

100


[2.25]     Schedule 1, part 1.11, item 6

substitute

6    

21 (2)

bus operator not ensure bus complies with applicable vehicle standards etc

20

300


[2.26]     Schedule 1, part 1.11, item 25, column 2

omit

34 (1) (a)

substitute

34 (2)

[2.27]     Schedule 1, part 1.11, item 26, column 2

omit

34 (1) (b)

substitute

34 (3)

[2.28]     Schedule 1, part 1.11, item 50, column 2

omit

45 (1) (a)

substitute

45 (2)

[2.29]     Schedule 1, part 1.11, item 51, column 2

omit

45 (1) (b)

substitute

45 (3)

[2.30]     Schedule 1, part 1.11, item 107

substitute

107    

93 (2)

taxi operator not ensure taxi complies with applicable vehicle standards etc

20

300


[2.31]     Schedule 1, part 1.11, item 131, column 2

omit

112 (1) (a)

substitute

112 (2)

[2.32]     Schedule 1, part 1.11, item 132, column 2

omit

112 (1) (b)

substitute

112 (3)

[2.33]     Schedule 1, part 1.11, item 158, column 2

omit

126 (1) (a)

substitute

126 (2)

[2.34]     Schedule 1, part 1.11, item 159, column 2

omit

126 (1) (b)

substitute

126 (3)

[2.35]     Schedule 1, part 1.11, items 220 to 227

substitute

220

173 (1)

hire car licensee not notify change in name/address

20

300


221

174 (1)

hire car operator contravene condition of hire car licence

20

300


222

176 (1)

hire car operator not produce licence when required by police officer/authorised person

5

100


223

179 (1)

hire car operator not service/maintain hire car

20

300


224

179 (3)

hire car operator not ensure hire car complies with applicable vehicle standards etc

20

300


225

180 (1) (a)

hire car operator not ensure hire car interior/exterior/clean/undamaged

10

200


226

180 (1) (b)

hire car operator not ensure hire car fittings clean/undamaged/properly fitted/securely in place

10

200


227

181 (1)

hire car operator allow unlicensed/unauthorised person drive hire car

20

300


228

182 (1) (a)

hire car operator not record driver's name and address

10

200


229

182 (1) (b)

hire car operator not record prescribed driver authority information

10

200


230

182 (1) (c)

hire car operator not record driving times

10

200


231

182 (1) (d)

hire car operator not record registration number of hire car driven by driver

10

200


232

183 (2) (a)

hire car operator not keep hire car operator records as required

10

200


233

183 (2) (b)

hire car operator not produce hire car operator records as required

10

200


234

183 (2) (c)

hire car operator not provide hire car operator records as required

10

200


235

184 (1)

hire car operator not provide annual statistical return

10

100


236

185 (1)

hire car operator not ensure duplicate hire car licence kept in restricted hire car

20

200


237

186 (2) (a)

use vehicle without restricted hire car licence label attached

20

300


238

186 (2) (b)

use vehicle with restricted hire car licence label not attached as required

20

300


239

186 (2) (c)

use vehicle with illegible restricted hire car licence label

20

300


240

186 (3)


20

300


240.1

              •     in relation to offence against 186 (2) (a)

fail to prevent use of vehicle without restricted hire car licence label attached

20

300


240.2

              •     in relation to offence against 186 (2) (b)

fail to prevent use of vehicle with restricted hire car licence label not attached as required

20

300


240.3

              •     in relation to offence against 186 (2) (c)

fail to prevent use of vehicle with illegible restricted hire car licence label

20

300


241

188 (1)

hire car operator not ensure advertisement includes accreditation number

10

300


242

189 (1)

hire car operator not display security camera notice

5

200


243

190 (2)

hire car operator not ensure airconditioning operational/in good repair

10

200


244

191 (1)

hire car operator not ensure only authorised advertisement displayed

10

200


245

192 (1)

hire car operator not ensure inappropriate advertisement/document not displayed

10

150


246

192 (3)

hire car operator not remove inappropriate advertisement/document as directed

10

200


247

193 (1)

hire car operator not ensure driver complying with dress code of practice

10

150


248

194 (3)





248.1

              •     by contravening 194 (2) (a)

hire car operator not keep security camera recording as required

10

200


248.2

              •     by contravening 194 (2) (b)

hire car operator not destroy security camera recording as required

10

200


249

194 (4)

hire car operator not produce security camera recording to police officer/authority

10

200


250    

194 (5)

hire car operator not maintain equipment to display security camera recordings

5

100


251

195 (2)

hire car operator not deal with lost property as required

5

100


252

196 (2)

hire car operator allow hire car operation after time of effect of noncompliance notice

20

300


253

196 (3)

hire car operator allow hire car operation after unauthorised removal of noncompliance notice

20

300


254

197 (1)

hire car driver operate dirty/untidy hire car

5

150


255

198 (2) (a)

hire car driver not check security camera operating

5

150


256

198 (2) (b)

hire car driver not tell hire car operator security camera not operating

5

150


257

199 (1)

hire car driver allow inconvenient/dangerous thing in hire car

5

100


258

200 (1)

hire car driver allow unconfined dog/cat/bird/other animal in hire car

5

100


259

201 (2)

hire car driver not deal with lost property as required

5

100


260

202 (1) (a)

hire car driver move hire car while door open

10

200


261

202 (1) (b)

hire car driver start/stop hire car subject person to unnecessary risk of injury

10

200


262

202 (1) (c)

hire car driver eat/drink in hired hire car

10

150


263

203 (1) (a)

hire car driver not clean/tidy

5

100


264

203 (1) (b)

hire car driver not behave in orderly way/ politely/with propriety

5

100


265

203 (1) (c)

hire car driver not comply with passenger request

5

100


266

203 (2)

hire car driver not comply with dress code of practice

5

100


267

204 (1)

driver restricted hire car not produce duplicate hire car licence when required

5

100


268

205 (2)

hire car driver operate hire car after time of effect of noncompliance notice

20

300


269

205 (3)

hire car driver operate hire car after unauthorised removal of noncompliance notice

20

300


270

206 (1)

person soliciting for passenger/hiring

10

150


271

207 (2)

hire car driver not stop hire car parallel/close to side of road

5

150


272

208 (1)

hire car driver allow extra person in hire car without hirer's agreement

5

150


273

209 (1)

hire car hirer not pay fare

5

200


274

209 (4)

hire car hirer not pay fare under agreement

5

150


275

210 (1) (a)

hire car passenger offensive behaviour

10

200


276

210 (1) (b)

hire car passenger offensive language

10

200


277    

211 (1)

hire car passenger eat/drink without hire car driver's agreement

5

100


278

212 (1)

hire car passenger take unconfined dog/cat/bird/other animal into hire car

5

100


279

213 (2)

hire car passenger not comply with direction by driver/police officer/authorised person because soil/damage hire car/person

5

200


280

214 (2)

intoxicated hire car passenger not comply with direction by driver/police officer/ authorised person

5

200


281

215 (2)

hire car passenger offender not comply with direction by driver/police officer/ authorised person

5

200


282

217 (1)

hire car passenger not deal with lost property in hire car as required

5

100


283

219 (5)

not comply with hire car security camera standard

20

200


284

220 (1)

interfere with hire car security camera

20

300


285

220 (2)

interfere with hire car security camera recording

20

300


286

228 (1)

not return suspended/cancelled certificate of accreditation/hire car licence/taxi licence as required

5

200


287

230 (5)

not provide records/information for enforcement purposes

20

300


288

231 (5)

not comply with request by police officer/authorised person for maintenance facility enforcement purposes

20

300


289

232 (4)

not comply with request/signal by police officer/authorised person for enforcement purposes

20

300


290

233 (3)

operator not comply with inspection requirement by police officer/authorised person for enforcement purposes

20

300


291

234 (4)

unauthorised removal of noncompliance notice

20

300


292

235 (4)

not state name/address when required by police officer/authorised person for enforcement purposes

10

200


[2.36]     Schedule 1, part 1.11

renumber items when regulation next republished under Legislation Act

[2.37]     Schedule 1, part 1.15, item 72.37, column 2

omit

section 1.123

substitute

sections 1.121-1.123

Part 2.4     Road Transport (Safety and Traffic Management) Regulation 2000

[2.38]     Section 12

substitute

12     ARR r 158 (2) (c)—other vehicles permitted to travel in bus lanes

The drivers of the following vehicles are permitted to drive in a bus lane:

        (a)     taxis;

        (b)     hire cars;

        (c)     motorbikes.

Note     Section 27A applies the B light rules to drivers of taxis, hire cars and motorbikes.

[2.39]     Section 23B (2) (c)

after

taxi

insert

or hire car

[2.40]     Section 23B (2), notes 2 and 3

substitute

Note 2     The defence of sudden or extraordinary emergency is also available, see the Criminal Code, s 41.

[2.41]     Section 27A

substitute

27A     ARR r 280 (2) (a)—other vehicles to which B light rules apply

The following classes of vehicles are specified:

        (a)     taxis;

        (b)     hire cars;

        (b)     motorbikes.

Note     This section applies the B light rules to taxi and hire car drivers and riders of motorbikes who, under s 12, are allowed to drive in bus lanes.

[2.42]     Section 33 (1), definition of taxi , paragraph (b)

omit

a private hire car and a restricted hire vehicle

substitute

a hire car

[2.43]     Dictionary, new definition of hire car

insert

"hire car"—see the Road Transport (Public Passenger Services) Act 2001 , section 60G.

[2.44]     Dictionary, definitions of private hire car and restricted hire vehicle

omit

Part 2.5     Road Transport (Third-Party Insurance) Regulation 2000

[2.45]     Schedule 1, item 3, column 3

omit

(other than a taxi, private hire car or restricted hire vehicle)

substitute

(other than a taxi or hire car)

[2.46]     Schedule 1, item 11, column 3

omit

private hire car

substitute

general hire car

[2.47]     Schedule 1, item 15, columns 2 and 3

omit

private hire car

substitute

general hire car

[2.48]     Dictionary, new definition of general hire car

insert

"general hire car" means a hire car other than a restricted hire car.

[2.49]     Dictionary, new definition of hire car

insert

"hire car"—see the Road Transport (Public Passenger Services) Act 2001 , section 60G.

[2.50]     Dictionary, definitions of private hire car and restricted hire vehicle

omit

Part 2.6     Road Transport (Vehicle Registration) Regulation 2000

[2.51]     Section 32 (2)

substitute

    (2)     The road transport authority must refuse to approve an application for the registration of a registrable vehicle if—

        (a)     the authority is required to refuse to approve the application for a vehicle's registration under—

              (i)     section 32A (Deciding applications for registration—written-off vehicles); or

              (ii)     section 32B (Deciding applications for registration—taxis); or

              (iii)     section 32C (Deciding applications for registration—certain hire cars); or

        (b)     an order of a court in Australia prevents the vehicle's registration, and the authority has been told about the order.

[2.52]     New section 32C

insert

32C     Deciding applications for registration—certain hire cars

Note     For applications for the renewal of a registration, see s 68 (9).

    (1)     The road transport authority must refuse to approve an application for the registration of a registrable vehicle as a hire car (other than a restricted hire car) if the wheelbase of the vehicle is less than 2 800mm.

    (2)     However, subsection (1) does not apply to an application for the registration of a private hire car or small bus as a hire car (other than a restricted hire car) if—

        (a)     the application is made by the original operator of the vehicle; and

        (b)     the registration to which the application relates will expire before 1 July 2010.

    (3)     In this section:

"hire car"—see the Road Transport (Public Passenger Services) Act 2001 , dictionary.

"original operator" means—

        (a)     for a private hire car—the person who was, immediately before the commencement of the Road Transport Legislation (Hire Cars) Amendment Regulation 2005 (No 1) , the registered operator of the vehicle; and

        (b)     for a small bus—a person who, immediately before 1 December 2001 and immediately before the commencement of the Road Transport Legislation (Hire Cars) Amendment Regulation 2005 (No 1) , was the registered operator of the vehicle.

"private hire car" means a vehicle that, immediately before the commencement of the Road Transport Legislation (Hire Cars) Amendment Regulation 2005 (No 1) , was registered as a private hire car within the meaning of the Road Transport (General) Act 1999 .

"restricted hire car"—see the Road Transport (Public Passenger Services) Act 2001 , dictionary.

"small bus" means a motor vehicle built mainly to carry people that seats up to 9 adults (including the driver) that—

        (a)     immediately before 1 December 2001, had a distinguishing registration number with the letters ‘MO' followed by 1 to 3 numerals; and

        (b)     immediately before 9 March 2005 was used to operate a tour and charter service under the Road Transport (Public Passenger Services) Act 2001 .

    (4)     This subsection, subsection (2) and subsection (3), definitions of "original operator", private hire car and small bus , expire on 1 July 2010.

[2.53]     Section 68 (9) (b)

substitute

        (b)     must refuse to renew the registration if the authority is required to refuse to approve the application for a vehicle's registration under—

              (i)     section 32A (Deciding applications for registration—written-off vehicles); or

              (ii)     section 32B (Deciding applications for registration—taxis); or

              (iii)     section 32C (Deciding applications for registration— certain hire cars).

[2.54]     Schedule 1, section 1.60A

substitute

1.60A     Public passenger vehicles to have fire-extinguisher

A public passenger vehicle under the Road Transport (Public Passenger Services) Act 2001 (other than a motorbike) must be equipped with a fire-extinguisher.

Note     A public passenger vehicle is a public bus, taxi or hire car.

[2.55]     Dictionary, new definition of operator

insert

"operator", for part 6.1 (which is about general requirements for vehicle standards)—see section 105.



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