South Australian Current Regulations South Australian Current Regulations (1) In these
regulations, unless the contrary intention appears—
"access taxi" means a vehicle that—
(a) is
specifically designed or adapted to carry persons who use wheelchairs,
scooters or other large (ride-on) mobility aids; and
(b) is
operated under a special vehicle licence;
"Act" means the Passenger Transport Act 1994 ;
"Adelaide centralised booking service" means a centralised booking service
that operates wholly or partly within Metropolitan Adelaide;
"appropriate driver's licence" in relation to a person applying for an
accreditation under Part 4 Division 2 of the Act means—
(a) a
driver's licence in force under the Motor Vehicles Act 1959 that—
(i)
authorises the holder of the licence to drive a motor
vehicle of a class that, in the opinion of the Minister, is appropriate to the
relevant accreditation; and
(ii)
is an unconditional licence as defined in that Act; and
(iii)
is not subject to any condition that, in the opinion of
the Minister, imposes an inappropriate restriction for the holder of the
relevant accreditation; or
(b) a
licence in force under a law of another State or a Territory of the
Commonwealth that—
(i)
authorises the holder of the licence to drive a motor
vehicle of a class that, in the opinion of the Minister, is appropriate to the
relevant accreditation; and
(ii)
is not subject to any condition that, in the opinion of
the Minister, imposes an inappropriate restriction for the holder of the
accreditation;
"approved country taxi service plan" means a country taxi service plan
approved by the Minister under regulation 9(1)(s);
"Australian Design Rules" has the same meaning as in the
Road Traffic (Miscellaneous) Regulations 2014 ;
"authorised officer" means—
(a) an
authorised officer under section 53 of the Act; or
(b) a
person authorised by the Minister to exercise the powers of an
authorised officer under these regulations;
"authorised person" means—
(a) an
authorised officer; or
(b) a
person authorised by the Minister to exercise the powers of an
authorised person under Part 4 Division 2 Subdivision 2; or
(c) an
employee of a regular passenger service operator; or
(d) the
driver of a regular passenger service vehicle (whether or not an employee of
the operator); or
(e) a
police officer;
"booking service"—see regulation 14(2)(a);
"bus" means a motor vehicle, other than a taxi—
(a)
designed for the principal purpose of carrying passengers; and
(b)
designed to carry at least 13 seated persons;
"business day" means any day except a Saturday, Sunday or public holiday;
"busway" means that part of a public transport system constructed or set apart
for the exclusive passage of buses and authorised vehicles;
"central control station", in relation to a centralised booking service, means
a place approved by the Minister as the central control station for the
booking service;
"certificate of inspection" means a certificate under section 54 of the
Act;
"chauffeured vehicle service"—see regulation 3A ;
"community transportation service" means a community based or community
orientated transportation service—
(a) that
is designed—
(i)
to benefit individuals or groups within a local community
who are in need of some form of assistance; or
(ii)
to assist individuals or groups within a local community
to participate to a greater degree in the life of the community (including the
wider community); or
(iii)
to achieve some other form of community, charitable,
educational, benevolent, religious, recreational, sporting or philanthropic
purpose at the local level; and
(b) that
is not established, or is not principally established, with a view to profit
or commercial gain;
"compliance plate" means a plate authorised to be placed on a motor vehicle,
or taken to have been placed on a motor vehicle, under the
Motor Vehicle Standards Act 1989 of the Commonwealth;
"council" has the same meaning as in the Local Government Act 1999 ;
"country taxi" means a vehicle used for the purposes of a
country taxi service;
"Country Taxi Accreditation" means the class of accreditation under
section 27 of the Act of that name established pursuant to
section 32(3) of the Act;
"country taxi service" means a passenger transport service operated outside
Metropolitan Adelaide under a Country Taxi Accreditation;
"country taxi service area" means the area defined in the
approved country taxi service plan for a country taxi service as the area
within which the service may be provided;
"Department" means the administrative unit of the Public Service that is,
under the Minister, responsible for the administration of the Act;
"disability" has the same meaning as in the Disability Discrimination
Act 1992 of the Commonwealth;
"flagfall" means the amount of fare recorded on a taxi-meter immediately on
its being activated at the commencement of a hiring;
"fleet safety support service"—see regulation 14(2)(b);
"legal charge", in relation to the hiring of a taxi, means the total amount
payable for the hiring of a taxi, being the sum of—
(a) the
legal fare; and
(b) the
levy (if any) required to be collected under Schedule 2 of the Act;
"legal fare"—
(a) in
relation to the hiring of a country taxi or a journey by a country
taxi—means a fare for the particular hiring or journey not exceeding the
rate determined by the Minister;
(b) in
relation to the hiring of a metropolitan taxi or a journey by a
metropolitan taxi—means a fare for the particular hiring or journey
determined in accordance with these regulations;
"Life Skills Development Program" means the program of that name administered
and funded by the Department responsible for the administration of the
Family and Community Services Act 1972 to assist people with disabilities
to participate to a greater degree in the life of the community through the
development or improvement of basic life skills;
"log onto" a computerised telecommunications system means carry out a process
(which must include entry of the person's personal identification number)
approved by the Minister for logging onto the system;
"log out of" a computerised telecommunications system means carry out a
process approved by the Minister for logging out of the system;
"metropolitan taxi" means a vehicle for which a taxi licence is held or
required to be held;
"mm" means millimetres;
"motor cycle" means a motor vehicle (not being a trailer) that moves only on
2 wheels or, if a side car or side box is fitted, on not more than
3 wheels;
"multiple-hiring" in relation to a taxi—see regulation 71;
"multi-seat hiring", in relation to a taxi that is approved to
carry 5 or more passengers, means a single hiring (whether
pre-arranged or not) of the taxi to carry 5 or more passengers;
"off-road passenger vehicle" means a passenger vehicle designed with special
features for off-road operation as defined by the Australian Design Rules;
"passenger station" means a building, structure or place at which passengers
board, or alight from, public passenger vehicles used in the provision of
regular passenger services;
"personal identification number" is a unique code assigned to the driver of a
taxi participating in a centralised booking service by the operator of the
booking service in a manner approved by the Minister;
"point to point transport service" means a passenger transport service (not
being a regular passenger service) where the pickup location and the
destination are determined by the passenger and the service is requested for a
time that suits the passenger, but does not include a service conducted under
a restricted plan of operation approved by the Minister;
"prescribed premises" means land or premises used or provided by the Crown or
the Minister, or by an operator, for a purpose associated with a passenger
transport service, and includes a passenger station;
"public directory" includes a journal, brochure or other publication (whether
in written or electronic form) that lists or advertises passenger transport
services;
"quarter" means a 3 month period beginning on 1 January, 1 April,
1 July or 1 October in any year;
"rail operator" means a person who conducts a regular passenger service wholly
or partly within Metropolitan Adelaide by use of trains or trams;
"registration plate" means a plate issued under section 63 of the Act;
"regular passenger service operator" means TransAdelaide or a person who
conducts a regular passenger service wholly or partly within Metropolitan
Adelaide;
"regular passenger service vehicle" means a public passenger vehicle used in
the provision of a regular passenger service;
"relevant person"—
(a) for
a taxi means—
(i)
in the case of a vehicle in respect of which a
taxi licence is in force—the holder of the licence; or
(ii)
in the case of a vehicle used for the purposes of a
country taxi service—the operator of the service;
(b) for
a taxi sign means—
(i)
if the sign has been issued to, or leased by, the holder
of a taxi licence—the holder of the licence;
(ii)
if the sign has been issued to, or leased by, the
operator of a country taxi service—the operator of the service;
(iii)
in any other case—the owner of the sign;
"SATSS conditions of use" means the conditions of use determined by the
Minister under regulation 150A;
"SATSS member" means a person who is a member of the South
Australian Transport Subsidy Scheme;
"SATSS voucher" means—
(a) a
voucher, docket or card approved by the Minister entitling a SATSS member to
travel in taxis and certain hire cars at subsidised fares fixed by the
SATSS conditions of use; or
(b) a
voucher, docket or card under a similar interstate scheme recognised by the
Minister for the purposes of this definition;
"small passenger vehicle" means a motor vehicle (other than a taxi)—
(a)
designed for the principal purpose of carrying passengers; and
(b)
designed to carry not more than 12 seated persons;
"Small Passenger Vehicle (Metropolitan) Accreditation" means the class of
accreditation under section 27 of the Act of that name established
pursuant to section 32(3) of the Act;
"Small Passenger Vehicle (Non-Metropolitan) Accreditation" means the class of
accreditation under section 27 of the Act of that name established pursuant to
section 32(3) of the Act;
"Small Passenger Vehicle (Special Purpose) Accreditation" means the class of
accreditation under section 27 of the Act of that name established
pursuant to section 32(3) of the Act;
"Small Passenger Vehicle (Traditional) Accreditation" means the class of
accreditation under section 27 of the Act of that name established
pursuant to section 32(3) of the Act;
"South Australian Transport Subsidy Scheme" or
"SATSS" means the scheme approved by the Minister entitling an eligible person
to travel in taxis and certain hire cars at subsidised fares fixed in the
SATSS conditions of use and includes—
(a) the
Journey to Work Scheme ("JTWS"); and
(b) the
Tertiary Education Assistance Scheme ("TEAS"); and
(c) any
other scheme recognised by the Minister for the purposes of this definition;
"special vehicle licence" means a special vehicle licence under
regulation 30;
"standby licence" means a standby taxi licence under regulation 30;
"standby taxi" means a taxi to which a standby taxi licence relates;
"stretch limousine" means—
(a) a
motor vehicle designed to carry passengers that—
(i)
has been certified by its manufacturer as a long
wheelbase limousine; and
(ii)
has been designed to carry not less than 6 persons and
not more than 12 persons (including the driver); or
(b) a
motor vehicle designed to carry passengers that—
(i)
has been modified from its original construction in such
a manner that increases the overall wheelbase of the vehicle—
(A) beyond the original wheelbase dimension
of the vehicle; and
(B) to a length sufficient to accommodate
additional passengers; and
(ii)
after such modification has a seating capacity not
exceeding 12 persons (including the driver);
"student identification card" means a non-transferable card issued to a
student and approved by the Minister, entitling the holder to travel on public
passenger vehicles operated by regular passenger service operators at
concessional fares fixed by the Minister;
"taxi" means a country taxi or a metropolitan taxi;
"taxi licence" means a licence under Part 6 of the Act;
"taxi service"—see regulation 3A;
"taxi sign" means a sign that—
(a) is
required by these regulations to be fitted to a taxi; and
(b)
displays the word "TAXI" in a manner approved by the Minister; and
(c) is
capable of indicating whether or not the taxi is available for hire;
"ticket" means a ticket or card issued or approved by the Minister, entitling
the holder to travel on a passenger vehicle in accordance with information
encoded or printed on the ticket or card;
"ticket validator" means equipment designed to encode or print information on
tickets and to scan information previously encoded on tickets;
"travel concession card" means a non-transferable concession card issued or
accepted by the Minister, entitling the holder to travel on passenger vehicles
at concessional fares fixed by the Minister;
"validate" means—
(a) to
insert or scan a ticket in or with a ticket validator so that it may be
encoded, printed or scanned; or
(b) to
present a ticket in any other manner approved by the Minister;
"volunteer driver" means—
(a) a
person who provides his or her services as a driver gratuitously (disregarding
any reasonable payment for out-of-pocket expenses incurred in undertaking the
driving); or
(b) an
employee—
(i)
whose conditions of employment are unrelated to driving a
vehicle but who is willing to undertake some driving to assist his or her
employer in some respect; and
(ii)
whose salary does not include an amount or component
attributable to, or based on, the fact that he or she undertakes (or may
undertake) some driving;
"working animal" means—
(a) a
dog accredited under the Dog and Cat Management Act 1995 as a disability
dog, guide dog or hearing dog; or
(b) any
other animal trained to assist a person to alleviate the effect of a
disability;
"work sheet" means a daily trip record for a vehicle, in a form determined or
approved by the Minister, setting out various items of information, such as
the driver's name, shift details, places where journeys begin and end, and
distances travelled.
(2) If, in relation to
a particular animal, a person has an authorisation, issued in a manner and
form determined by the Minister, certifying—
(a) that
the animal has been trained to assist the person to alleviate the effect of a
particular disability; and
(b) that
evidence has been provided that indicates that the animal is able to behave in
a safe and appropriate manner on public transport,
then it will be taken that the animal falls within the ambit of
paragraph (b) of the definition of "working animal" in
subregulation (1).
(3) Unless the
contrary intention appears—
(a) a
reference in these regulations to the "holder of a taxi licence includes a
reference to a transferee, assignee or lessee of a taxi licence;
(b) a
reference in these regulations to the "owner of a vehicle includes a reference
to a person who is leasing the vehicle, or who is using the vehicle with the
consent of the owner.
(4) Without limiting
the meaning of the expression "ply for hire , a person, will for the purposes
of these regulations, be taken to ply for hire with a taxi if—
(a) the
person drives it in a public street, road or place while the taxi sign
indicates that the taxi is available for hire; or
(b) the
person carries a passenger for fee or reward; or
(c) the
person drives it to or places it at a designated taxi-stand; or
(d) the
person drives it to a place to pick up passengers to be carried for fee or
reward.
(5) For the purposes
of these regulations—
(a) a
hiring of a vehicle for a chauffeured vehicle service or taxi service
commences—
(i)
subject to subparagraph (ii), in the case of a
hiring by hail or a pre-arranged hiring—when the passenger is seated in
the vehicle and an instruction or direction is given to the driver by the
hirer or passenger;
(ii)
in the case of a pre-arranged hiring—from a time
arranged with the hirer provided that, before that time, the vehicle has
arrived at the place arranged for pick up and the driver has there made
personal contact with the hirer or passenger;
(b) a
hiring of a vehicle for a chauffeured vehicle service or taxi service
ends—
(i)
in the case of a multi-seat hiring—
(A) if the last passenger remaining in the
vehicle discharges the vehicle before arriving at the agreed
destination—when the vehicle is discharged; or
(B) when the vehicle arrives at the agreed
destination for the last passenger remaining in the vehicle and there is no
further service agreed between the driver and the last remaining passenger;
(ii)
in any other case—
(A) if the passenger discharges the vehicle
before arriving at the agreed destination—when the vehicle is
discharged; or
(B) when the vehicle arrives at the agreed
destination and there is no further service agreed between the driver and the
passenger;
(c) the
hirer of a vehicle for a chauffeured vehicle service or taxi service is the
person who requests the hire of the vehicle (whether or not the person is a
passenger).
(6) For the purposes
of these regulations, the age of a vehicle will be measured—
(a) if
the vehicle is fitted with a compliance plate—from the end of the month
of manufacture shown on the compliance plate;
(b) if
the vehicle is fitted with 2 or more compliance plates—from the end of
the earliest month of manufacture shown on any of the compliance plates;
(c) in
any other case—from the end of the month of manufacture or, if that is
not reasonably practicable to ascertain, the end of the last month of the year
of manufacture.
(7) In these
regulations, a term defined in Schedule 2 clause 1 of the Act has
the same meaning as in that clause.