(1) Subject to
subregulation (2), a person must not use a vehicle (other than a vehicle
drawn by an animal) for the purposes of a passenger transport service if the
vehicle is—
(a) in
the case of—
(i)
a metropolitan taxi (other than an access taxi); or
(ii)
a vehicle being used for the purposes of a service
operated under a Small Passenger Vehicle (Metropolitan) Accreditation (other
than a motor cycle or an off-road vehicle that is being used wholly or
predominantly for travel outside Metropolitan Adelaide),
more than 8 years old; or
(b) in
the case of a metropolitan taxi that is an access taxi—more than 12
years old; or
(c) in
the case of—
(i)
a country taxi; or
(ii)
a vehicle being used for the purposes of a service
operated under a Small Passenger Vehicle (Traditional) Accreditation; or
(iii)
a vehicle being used for the purposes of a service
operated under a Small Passenger Vehicle (Non-Metropolitan) Accreditation; or
(iv)
a vehicle being used for the purposes of a service
operated under a Small Passenger Vehicle (Special Purpose) Accreditation; or
(v)
a motor cycle; or
(vi)
an off-road vehicle that is being used wholly or
predominantly for travel outside Metropolitan Adelaide,
more than 15 years old; or
(d) in
any other case—more than 25 years old.
(2) Subject to
subregulations (3), (4), (5) and (6), the Minister may approve the use of
an older vehicle if—
(a) the
Minister is satisfied that—
(i)
the vehicle is in a condition that at least equals the
original standard or condition of the vehicle; and
(ii)
it is an integral part of the person's business that a
vehicle or vehicles of the age or period of the particular vehicle be used;
and
(iii)
the vehicle is suitable for use when assessed against the
plan of operation for the relevant service and appropriate standards for
passenger safety and service; and
(iv)
the vehicle satisfies any other criteria determined by
the Minister for the purposes of this paragraph; or
(b) in
the case of—
(i)
a stretch limousine being used for the purposes of a
service operated under a Small Passenger Vehicle (Special Purpose)
Accreditation; or
(ii)
a vehicle being used wholly or predominantly for a
regular passenger service,
the Minister is satisfied that the vehicle meets appropriate standards for
passenger safety and comfort determined by the Minister; or
(c) the
Minister is satisfied that there are other exceptional circumstances that
justifies the approval of the use of an older vehicle.
(3) The Minister
cannot grant an approval in relation to a vehicle used (or to be used) for the
purposes of a service operated under a Small Passenger Vehicle (Metropolitan)
Accreditation.
(4) The Minister
cannot grant an approval in relation to a metropolitan taxi (other than an
access taxi) unless—
(a) the
vehicle is less than 10 years old; and
(b) the
Minister is satisfied that there are exceptional circumstances justifying the
approval.
(5) The Minister
cannot grant an approval in relation to a stretch limousine unless the vehicle
is less than 20 years old.
(6) The Minister may,
for the purposes of this regulation, specify an age beyond which vehicles of a
specified class will not be granted approvals under this regulation.
(7) An approval
relating to a metropolitan taxi (other than an access taxi) expires when the
vehicle becomes 10 years old.
(8) An approval
relating to a stretch limousine expires when the vehicle becomes 20 years
old.