49—Requirement for taxi sign to indicate when taxi not available for
hire
(1) A person other
than an accredited taxi driver must not drive a taxi in a public street, road
or place unless the taxi sign fitted to the taxi indicates in a manner
approved by the Minister that the taxi is not available for hire.
Maximum penalty: $750.
Expiation fee: $105.
(2) An accredited taxi
driver must not drive a taxi in a public street, road or place while the taxi
is not available for hire unless the taxi sign fitted to the taxi indicates in
a manner approved by the Minister that the taxi is not for hire.
Maximum penalty: $750.
Expiation fee: $105.
(3) Subregulation (2)
does not apply to a taxi being used under a pre-arranged hiring for the
conveyance of a bridal party or the conveyance of a person in a funeral
procession.
(4) It is a defence to
a charge of an offence against subregulation (1) or (2) for the
defendant to prove—
(a) that
the taxi sign fitted to the taxi at the time of the alleged offence was
damaged or faulty; and
(b) that
the defendant—
(i)
was not aware that the sign was damaged or faulty, or was
completing a journey that commenced before he or she became aware that the
sign was damaged or faulty; or
(ii)
was driving the taxi for a purpose connected with the
repair or replacement of the sign.