Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Division 4.3.4B Wheelchair-accessible taxi centralised booking services
154I Meaning of wheelchair-accessible taxi centralised booking service ( WCBS )
In this regulation:
wheelchair-accessible taxi centralised booking service ("WCBS")—
(a) means a service that—
(i) accepts bookings only for wheelchair-accessible taxis for wheelchair-dependent people; and
(ii) sends messages about the bookings to wheelchair-accessible taxi drivers by electromagnetic energy to equipment in taxis that can receive the messages; but
(b) does not include an accredited taxi network provider's taxi booking service.
Note Accredited taxi network provider's taxi booking service —see the dictionary.
154J WCBS—minimum service standards
(1) The road transport authority may approve minimum service standards (the approved minimum service standards ) for the operation of a WCBS.
(2) The approved minimum service standards for a WCBS may make provision about any matter relating to the safe, reliable or efficient provision of the WCBS.
Examples
1 arrangements to ensure services during peak and off-peak times
2 reporting requirements
3 arrangements between accredited operators of wheelchair-accessible taxis and wheelchair-accessible taxi drivers
4 procedures for processing taxi subsidy vouchers
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 approval is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
154K WCBS—service contracts
(1) The road transport authority may, on behalf of the Territory, enter into a contract (a service contract ) for the operation of a WCBS with a person (the WCBS operator ).
(2) A service contract must state whether the right given under the contract to operate a WCBS is an exclusive right to operate the service.
(3) A service contract may make provision in relation to the operation of a WCBS and the administration of the contract, including, for example—
(a) service requirements under the contract; and
Examples
1 communication options required to meet customer needs
2 procedures to deal with failure of technical equipment
3 recording and resolution of customer complaints
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).
(b) the transfer, suspension, cancellation and surrender of the contract; and
(c) the fees (if any) payable under the contract; and
(d) the adjustment of payments and refunds in relation to any contract fees; and
(e) financial or other remedies for breaches of the contract; and
(f) the records (including accounts) to be made and kept, how they are to be made and kept, and their inspection; and
(g) the provision of information and reports to the road transport authority about the WCBS and the verification of the information and reports.
(4) Subsection (3) does not limit the matters about which a service contract may make provision.
154L WCBS—entitlement to operate
A person is entitled to operate a WCBS in the ACT only if the person holds a service contract for the service.
154M Offence—operate WCBS without entitlement
(1) A person commits an offence if the person—
(a) operates a WCBS in the ACT; and
(b) is not entitled under section 154L to operate the service.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
154N Exemption for WCBS operator—Act, s 128 (1) (b)
(1) The road transport authority may exempt a WCBS operator from the following provisions:
(a) the Act, section 32 (Entitlement to operate taxi networks);
(b) the Act, section 33 (Operating taxi network without entitlement).
(2) An exemption is subject to the following conditions—
(a) that the WCBS operator does not breach the WCBS operator's service contract; and
(b) that the WCBS operator complies with the approved minimum service standards for a WCBS (if any).
Note An exemption may be subject to other conditions stated in the exemption (see Act, s 128 (2)).
(3) The road transport authority may end an exemption if it is satisfied on reasonable grounds that the WCBS operator—
(a) is in breach of a condition of the exemption; or
(b) has failed to comply with a requirement of the road transport legislation (other than the legislation mentioned in subsection (1)).
Note 1 Road transport legislation —see the Road Transport (General) Act 1999 , s 6.
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any notifiable instruments (see Legislation Act, s 104).
(4) If the road transport authority decides to end an exemption, the authority must give the WCBS operator written notice stating—
(a) that the authority has decided to end the exemption; and
(b) the grounds for ending the exemption; and
(c) when the exemption ends; and
(d) any additional information the road transport authority considers appropriate.
Note 1 For how documents may be given, see the Legislation Act, pt 19.5.
Note 2 For when a posted notice is taken to be given, see the Road Transport (General) Regulation 2000 , s 9B.
(5) To remove any doubt, a WCBS operator that is the subject of an exemption in force under this section is not an accredited taxi network provider.