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ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) AMENDMENT REGULATION 2012 (NO 1) (NO 1 OF 2012)
2012
THE
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT (PUBLIC PASSENGER SERVICES)
AMENDMENT REGULATION 2012 (No
1)
SL2012-1
EXPLANATORY
STATEMENT
Presented by
Simon Corbell MLA
Attorney General
This Regulation is made under section 128 of the Road Transport
(Public Passenger Services) Act 2001 and section 233 (2) of the Road
Transport (General) Act 1999.
Consideration of the establishment of
an Independent Taxi Operator (ITO) Pilot was a recommendation of the 2010/2011
ACT Taxi Review. A Regulatory Impact Statement (RIS) was undertaken as part of
this Review. The RIS concluded that independent taxi operators could see an
improvement in their business viability and customers who opt to use independent
taxis could expect benefits to include a higher level of customer service in
areas such as timeliness, reliability, vehicle roadworthiness and appearance and
improved driver attitude.
This Regulation gives effect to the decision to
establish an ITO Pilot. It amends the Road Transport (Public Passenger
Services) Regulation 2002 to:
• provide for a 3-year duration for
the pilot;
• give the Road Transport Authority powers to determine
eligibility criteria for participation in the pilot;
• exempt pilot
participants from certain provisions of the Road Transport (Public Passenger
Services) Act 2001 and Regulation;
• allow the Road
Transport Authority to remove participants who fail to comply with the minimum
service standards or the road transport legislation from the pilot;
and
• require the Road Transport Authority to review the operation of
the pilot before its expiry and report to the Minister.
The pilot will
provide an opportunity to assess whether this model of taxi service provision
results in:
• improved taxi operator viability, primarily by operators
not having to pay costly annual taxi network affiliation fees;
• competitive pressure, to act as an incentive for taxi networks to
improve their level of service to operators and taxi
users;
• opportunities for developing niche markets and a superior
level of service especially for the business customer; and
• greater
choice for taxi users as to the providers of their transport services.
The amendments provide that decisions by the Road Transport Authority to
refuse an application to participate in the pilot or to end a pilot
participant’s exemption from certain requirements of the public passenger
services legislation are internally reviewable. Amendments are made to the Road
Transport (General) Regulation 2000 to insert references to these
internally reviewable decisions in Schedule 1, Part 1.8 of this
regulation.
Notes on Clauses
Clause 1 Name of
regulation
This is a formal provision that sets out the name of the
regulation.
Clause 2 Commencement
This is a formal provision
that provides that the regulation will commence on a day set by the Minister by
written notice.
Clause 3 Legislation amended
This clause
provides that this regulation amends the Road Transport (Public Passenger
Services) Regulation 2002 and the Road Transport (General) Regulation
2000.
Clause 4 New Division 4.3.4A Independent taxi
services
This clause inserts new division 4.3.4A. This division consists
of new sections 154A to 154H inclusive.
New section 154A is an objects
clause that explains the purpose of new division 4.3.4A. That purpose is to
establish a legal framework for an Independent Taxi Operator pilot. It explains
that the provisions of the division will permit, on a temporary basis, certain
accredited taxi operators to provide a taxi service while not being affiliated
with an accredited taxi network. The purpose of the trial, referred to as the
ITO pilot, is to evaluate whether independent taxi operations contribute to
improved taxi services and the operation of taxi services generally.
New
section 154B explains that the duration of the ITO pilot is 3 years from
the date division 4.3.4A commences.
New section 154C provides that
the Road Transport Authority may approve eligibility criteria for the ITO pilot,
and that the approval is a notifiable instrument. Eligibility criteria will be
approved for the ITO pilot to ensure that service standards are maintained by
independent taxi operations. The Road Transport Authority has already published
details of the intended criteria to participate in the ITO. These include that
the accredited taxi operator has held continuous accreditation for a minimum of
4 years and can demonstrate a good track record of compliance with public
passenger legislation. To ensure that service standards are maintained under
independent taxi operations, specific requirements will be imposed on
independent taxi operators. These requirements will relate to monitoring driver
and passenger safety, driver training, performance reporting, handling customer
complaints, inquiries and lost property. Operators who wish to participate in
the pilot will need to show how they will meet these requirements as part of
their accreditation to operate an independent taxi service.
The
eligibility criteria will also require that the applicant demonstrate to the
Road Transport Authority that the applicant:
a) has the financial capacity to
operate a taxi service;
b) is a fit and proper person to participate in the
pilot; and
c) has provided a business plan for the applicant’s
independent taxi service.
New section 154D provides that
accredited taxi operators may apply to the Road Transport Authority for approval
to participate in the ITO pilot. The note to the section explains that if the
Road Transport Authority approves an ITO pilot application form under the
Road Transport (General) Act 1999, applicants for the pilot must use the
approved form.
New section 154E requires that the Road Transport
Authority must either approve, or refuse to approve, an application to
participate in the ITO pilot. If approving an application the Road Transport
Authority must be satisfied on reasonable grounds that the applicant satisfies
the ITO pilot eligibility criteria and complies with the approved independent
taxi services minimum service standards.
The Road Transport Authority
must give the applicant written notification of its decision. A decision of the
Road Transport Authority to refuse an application is internally
reviewable.
New section 154F deals with exemptions from certain
provisions of the road transport legislation for pilot participants. Section
51(c) of the Road Transport (Public Passenger Services) Act 2001
provides that to operate a taxi service, an accredited taxi operator must be
affiliated with an accredited taxi network provider. Under section 54 of that
Act, it is an offence for an operator to operate a taxi service without being
affiliated with such a network.
Section 101(1) of the Road Transport
(Public Passenger Services) Regulation 2002 requires that a taxi
operator must have a taxi booking service arrangement with an accredited taxi
network, while section 101(2) provides that equipment installed in the taxi must
enable messaging between the vehicle and the network. New section 154F provides
that the Road Transport Authority may provide ITO pilot participants (this term
is defined in new section 154F (5)) with an exemption from these sections of the
road transport legislation, on condition that the ITO pilot participant complies
with the approved minimum service standards for independent taxi services.
If the Road Transport Authority believes, on reasonable grounds, that an
ITO pilot participant has failed to comply with the approved minimum service
standards for independent taxi services or the road transport legislation, the
authority may end the exemption. The authority must give the pilot participant
written notice of a decision to end an exemption. The notice must include the
reasons for the decision and any other information the authority considers
appropriate. This would typically include information about how to seek
internal review of decisions. The notice must state that the decision takes
effect when it is served on the participant. The notes to this section relate
to the service of notices. If the notice is served in person, it will take
effect when it is given to the person. For posted notices, under section 9B of
the Road Transport (General) Regulation 2000, there are provisions about
when notices sent by post are deemed to have been served that will be relevant.
A decision to end an exemption is internally reviewable.
New
section 154G requires the Road Transport Authority to review the
operation of the ITO pilot and provide the Minister a report of the review
before the expiry of the pilot.
New section 154H provides that
Division 4.3.4A (Independent Taxi Services) expires 3 years after it
commences.
Clause 5 Dictionary - new definitions
This clause
inserts definitions for ITO pilot and ITO pilot
period into the dictionary.
Clause 6 Dictionary - definition
of taxi service
This clause substitutes a revised definition of
taxi service. This amendment makes it clear that the reference to
‘section 47’ in the definition relates to section 47 of the Act,
rather than section 47 of the Regulation.
Clause 7 Road Transport
(General) Regulation 2000, schedule 1, part 1.8, new items 24A and
24B
This clause inserts references to the internally reviewable decisions
made under new sections 154E (1) and 154F (3) into part 1.8 of Schedule 1 of the
Road Transport (General) Regulation 2000, which lists internally
reviewable decisions under the Road Transport (Public Passenger Services)
Regulation 2002.