Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION (TAXI LICENCES) AMENDMENT REGULATION 2006 (NO 2) (NO 31 OF 2006) - REG 8

insert

Division 4.2.3     Non-transferable leased taxi licences—issue

83B     Non-transferable leased taxi licences—application for issue

The holder of a defined right for a non-transferable leased taxi licence may apply to the road transport authority for the issue of a non-transferable leased taxi licence.

Note 1     For how a defined right is obtained, see div 4.2.7.

Note 2     If a form is approved under the Road Transport (General) Act 1999 , s 225 for this provision, the form must be used.

Note 3     A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.

83C     Non-transferable leased taxi licences—decision on application

    (1)     On application under section 83B, the holder of a defined right for a non-transferable leased taxi licence is entitled to be issued with a non-transferable leased taxi licence if—

        (a)     the holder is accredited to operate a taxi service (other than a restricted taxi service); and

        (b)     the vehicle for which the licence is to be issued is not a vehicle in relation to which, under the Road Transport (Vehicle Registration) Regulation 2000 , section 32B (1) (Deciding applications for registration—taxis), the road transport authority must refuse to approve an application for registration as a taxi (other than a wheelchair-accessible taxi); and

        (c)     the holder has complied with the conditions for the defined right.

Note     For defined right conditions, see s 84M.

    (2)     To remove any doubt, subsection (1) does not prevent the holder of the defined right from applying for the issue of a non-transferable leased taxi licence but the road transport authority must not issue the licence unless the holder is entitled to be issued with the licence under that subsection.

    (3)     If the road transport authority does not refuse the application, the authority must issue a non-transferable leased taxi licence to the holder.

    (4)     The road transport authority must give the holder written notice of the authority's decision on the application.

    (5)     The maximum period for which the road transport authority may issue a non-transferable leased taxi licence is 6 years.

    (6)     A non-transferable leased taxi licence may be issued subject to a condition imposed by the road transport authority.