Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
142 Taxi fare deposits
(1) Before accepting an offer of a hiring from a person, a taxi driver may ask the person to give the driver a fare deposit if the driver believes, on reasonable grounds, that the person may not be able to, or will not, pay the estimated fare for the hiring.
Note The fare for a waiting period mentioned in reg 136 (2) (Taxi driver waiting or instructed to return) is also a fare deposit (see dict, def fare deposit ).
(2) The driver of a taxi may ask a hirer to pay a fare deposit if, during the hire, the hirer asks to be taken to a destination other than the destination originally stated and the driver believes, on reasonable grounds, that the hirer may not be able to pay, or will not pay, the estimated fare to the new destination.
(3) If the person or hirer gives the taxi driver the fare deposit, the driver cannot refuse to accept the hiring or end the hiring on the ground that the person or hirer cannot satisfy the driver that the person or hirer can pay the estimated fare for the proposed hiring.
142A Exemption from operation of taximeter and metered fares for certain hirings—Act, s 65 (1)
(1) This regulation applies to the driver of a taxi in relation to the following kinds of hirings (an authorised fixed-fare hiring ):
(a) a hiring to a destination outside the ACT taxi region if, before the hiring is begun—
(i) the driver tells the intending passenger that the destination is outside the ACT taxi region; and
(ii) the driver and the intending passenger agree on the amount payable as the fare for the hiring;
(b) a hiring for the delivery of an item (including goods) if no passengers are carried in the taxi during the hiring;
(c) a hiring approved by the road transport authority under subregulation (2).
(2) The road transport authority may, in writing, approve a hiring to which this regulation applies.
(3) An approval under subregulation (2) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4) The driver of a taxi is exempt from the following provisions in relation to an authorised fixed-fare hiring:
• regulation 143A (When driver must start taximeter)
• regulation 143B (Operation of taximeter during hiring)
• regulation 143C (Operation of taximeter at end of hiring)
• regulation 144 (2) (Driver to ask for correct fare).
143 Driver not to start taximeter before hiring begins
(1) The driver of a taxi commits an offence if the driver starts the taxi's taximeter recording a fare for a hiring of the taxi before the hiring begins.
Maximum penalty: 5 penalty units.
Note For when a hiring begins, see reg 127.
(2) An offence against this regulation is a strict liability offence.
143A When driver must start taximeter
(1) The driver of a taxi commits an offence if the driver fails to start the taxi's taximeter recording the fare for a hiring when the hiring begins.
Maximum penalty: 5 penalty units.
Note 1 For when a hiring begins, see reg 127.
Note 2 This regulation does not apply to an authorised fixed-fare hiring, see reg 142A (4).
(2) Subregulation (1) does not apply to a hiring to which subregulation (3) or (4) applies.
(3) The driver of a wheelchair-accessible taxi commits an offence if—
(a) the taxi is hired by or for a wheelchair-dependent person; and
(b) before the hiring begins the driver is informed that an ACT Taxi Subsidy Scheme voucher will be used for the hiring; and
(c) either—
(i) the driver starts the taxi's taximeter recording the fare for the hiring before the person's wheelchair is lifted into and attached to the taxi; or
(ii) the driver fails to start the taxi's taximeter recording the fare for the hiring as soon as practicable after the person's wheelchair is lifted into and attached to the taxi.
Maximum penalty: 5 penalty units.
(4) The driver of a wheelchair-accessible taxi commits an offence if—
(a) the taxi is hired by or for a wheelchair-dependent person; and
(b) after the hiring begins the driver is informed that an ACT Taxi Subsidy Scheme voucher will be used for the hiring; and
(c) either—
(i) the driver fails to stop the taxi's taximeter recording the fare for the hiring until the person's wheelchair is lifted into and attached to the taxi; or
(ii) the driver fails to restart the taxi's taximeter recording the fare for the hiring as soon as practicable after the person's wheelchair is lifted into and attached to the taxi.
Maximum penalty: 5 penalty units.
(5) An offence against this regulation is a strict liability offence.
143B Operation of taximeter during hiring
(1) The driver of a taxi commits an offence if the driver stops the taxi's taximeter recording a fare for a hiring before the hiring ends.
Maximum penalty: 5 penalty units.
Note This regulation does not apply to an authorised fixed-fare hiring, see reg 142A (4).
(2) Subregulation (1) does not apply if the taximeter is stopped from recording a fare during any period of a hiring when—
(a) the taxi is delayed for a reason mentioned in regulation 145 (Taxi fare not payable for avoidable delays); or
(b) a hirer (who is not the last hirer in a multiple hiring of the taxi) is paying the fare for his or her hire and getting out of the taxi.
(3) The driver of a taxi commits an offence if—
(a) the driver stopped the taxi's taximeter recording a fare during any period of a hiring when—
(i) the taxi is delayed for a reason mentioned in regulation 145 (Taxi fare not payable for avoidable delays); or
(ii) a hirer (who is not the last hirer in a multiple hiring of the taxi) is paying the fare for his or her hire and getting out of the taxi; and
(b) the driver fails to restart the taximeter recording the fare when the hiring is resumed.
Maximum penalty: 5 penalty units.
(4) An offence against this regulation is a strict liability offence.
143C Operation of taximeter at end of hiring
(1) The driver of a taxi commits an offence if, at the end of a hiring, the driver fails to stop the taxi's taximeter from recording the fare for the hiring.
Maximum penalty: 5 penalty units.
Note 1 For when a hiring ends, see reg 127A.
Note 2 This regulation does not apply to an authorised fixed-fare hiring, see reg 142A (4).
(2) The driver of a taxi commits an offence if, before receiving payment of the fare for a hiring, the driver fails—
(a) to ensure that the amount displayed on the taxi's taximeter as the fare, and any figures that affect the rate at which the fare is worked out, are displayed (including, if necessary, illuminated) so that they can be readily read by the hirer; and
(b) to state any other amounts that are payable for the hiring.
Maximum penalty: 5 penalty units.
(3) The driver of a taxi commits an offence if the driver fails to ensure that the amount displayed on the taxi's taximeter as the fare for the hiring is returned to zero as soon as practicable—
(a) after the driver receives payment of the fare for the hiring; or
(b) for a hiring for which the fare is not paid—after the hirer fails to pay the fare.
Maximum penalty: 5 penalty units.
(4) Subregulation (3) applies to a multiple hiring only if the hiring is the last in the multiple hiring.
(5) An offence against this regulation is a strict liability offence.
144 Driver to ask for correct fare
(1) A taxi driver must not ask a hirer for payment of more than the fare for the hiring of the taxi.
Maximum penalty: 5 penalty units.
Examples of asking for payment of more than the fare for a hiring
1 if different fare rates are payable for hirings begun at different times, asking for a fare that is worked out on a higher rate than the rate applying at the time a hiring begins
2 asking for payment of a fare recorded on the taxi's taximeter that is worked out at a rate per kilometre of travel, or at a rate per hour of waiting time, that is more than the maximum rate determined under the Act, s 60
3 asking for payment in relation to a period of a hire when the taximeter was required to be stopped under reg 143B (2)
Note 1 The fare may include amounts not shown on the taximeter, eg a toll.
Note 2 An example is part of these regulations, 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) A taxi driver must not make an agreement with a hirer for payment of more than the fare for the hiring of the taxi.
Maximum penalty: 5 penalty units.
Example of agreement for payment of more than the fare for a hiring
for a hiring that is not an authorised fixed-fare hiring, the driver agreeing to a fixed amount for a hiring that is higher than the fare for the hiring worked out at the maximum rate determined under the Act, s 60
Note Subregulation (2) does not apply to an authorised fixed-fare hiring, see reg 142A (4).
(3) An offence against this regulation is a strict liability offence.
144A Payment of taxi fare
(1) The hirer of a taxi commits an offence if—
(a) the hirer did not pay a fare deposit for hiring the taxi; and
(b) at the end of the hiring the hirer does not pay to the taxi's driver the fare for the hiring.
Maximum penalty: 5 penalty units.
Note For when a hiring ends, see reg 127A.
(2) The hirer of a taxi commits an offence if—
(a) the hirer paid a fare deposit for hiring the taxi; and
(b) the fare for the hiring is more than the fare deposit; and
(c) at the end of the hiring the hirer does not pay to the taxi's driver the difference between the fare deposit and the fare.
Maximum penalty: 5 penalty units.
(3) The driver of a taxi commits an offence if—
(a) a hirer paid a fare deposit for hiring the taxi; and
(b) the fare for the hiring is less than the fare deposit; and
(c) at the end of the hiring the driver does not pay the difference between the fare deposit and the fare to the hirer.
Maximum penalty: 5 penalty units.
(4) The driver of a taxi commits an offence if—
(a) a hirer gives the driver more money than the amount of the fare for the hiring; and
(b) the driver fails to offer the correct change to the hirer.
Maximum penalty: 5 penalty units.
(5) An offence against this regulation is a strict liability offence.
144B ACT Taxi Subsidy Scheme vouchers—offences
(1) A person commits an offence if—
(a) the person uses an ACT Taxi Subsidy Scheme voucher as part-payment of the fare for the hiring of a taxi; and
(b) the person is not the person to whom the voucher was issued; and
(c) the person to whom the voucher was issued is not a passenger in the taxi for all of the hiring for which the voucher was used.
Maximum penalty: 5 penalty units.
(2) A person commits an offence if the person makes a false or misleading statement in an ACT Taxi Subsidy Scheme voucher.
Maximum penalty: 5 penalty units.
Example
stating in a voucher an amount as the total fare recorded on a taximeter for the hiring to which the voucher relates that is more than the actual metered fare for the hiring
Note An example is part of these regulations, 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) Subregulation (2) does not apply if the statement is not false or misleading in a material particular.
(4) An offence against this regulation is a strict liability offence.