South Australian Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PASSENGER TRANSPORT REGULATIONS 2009 - REG 68

68—Duty to accept or continue hiring

        (1)         Subject to this regulation, the driver of a taxi that is available for hire must comply with a request for the carriage for hire of persons, without luggage or together with a reasonable amount of luggage, to—

            (a)         in the case of a metropolitan taxi—any place within Metropolitan Adelaide (other than Metropolitan Adelaide (Area B)); or

            (b)         in the case of a country taxi—any place within the country taxi service area in which the taxi may be used for the purposes of a country taxi service.

Maximum penalty: $750.

Expiation fee: $105.

        (2)         A driver must not carry any persons in excess of the number that the taxi is authorised to carry.

Maximum penalty: $750.

Expiation fee: $105.

        (3)         A driver is not obliged to accept a hiring or to continue to carry a person—

            (a)         if the person making the request for carriage, or any person carried or to be carried, is apparently intoxicated or under the influence of a drug; or

            (b)         if the driver has reasonable cause to believe that the legal charge for hiring of the taxi will not be paid; or

            (c)         if the driver has reasonable cause to believe that the hiring is required for some illegal purpose; or

            (d)         if the driver has reasonable cause to believe that if he or she accepted the hiring then a person to be carried in the taxi would commit an offence against an Act or other law during the hiring or if, during the hiring, a person being carried commits an offence against an Act or other law; or

            (e)         if the person making the request for carriage, or a person carried or to be carried, acts in a threatening or abusive manner; or

            (f)         if the person making the request for carriage, or a person carried or to be carried, requires an animal (other than a working animal) to be carried in the taxi; or

            (g)         if a person carried or to be carried in the taxi

                  (i)         consumes or uses, or refuses to cease consuming or using, alcohol or another drug or substance the consumption or use of which is not permitted in the taxi; or

                  (ii)         smokes, or refuses to cease smoking,

while in or before getting into the taxi; or

            (h)         if the driver has reasonable cause to believe that if he or she accepted the hiring then a person to be carried in the taxi would fail to wear or use a seat belt or child restraint that is available for use in the taxi or if, during the hiring and while the taxi is in motion, a person being carried fails to wear or use a seat belt or child restraint that is available for use in the taxi; or

                  (i)         if the acceptance of the hiring would involve a breach of these regulations.

        (4)         A driver may, on becoming aware of a circumstance or forming a belief referred to in subregulation (3) after the commencement of a hiring—

            (a)         terminate the hiring; and

            (b)         stop the taxi (if in motion); and

            (c)         request the passenger to leave the taxi.

        (5)         A person must not refuse or fail to comply with a request made of him or her under subregulation (4).

Maximum penalty: $750.

Expiation fee: $105.

        (6)         A driver may, instead of taking action under subregulation (4) in a circumstance where the driver believes that the legal charge for the hiring of the taxi will not be paid, require the passenger to pay a deposit, or the estimated charge, in advance.

        (7)         For the purposes of this regulation—

            (a)         a taxi will be taken to be available for hire if it is in a public street, road or place, in charge of a driver and the taxi sign fitted to the taxi indicates in a manner approved by the Minister that the taxi is available for hire;

            (b)         the number of persons a taxi is authorised to carry is—

                  (i)         in the case of a metropolitan taxi—the number of persons that the taxi is licensed to carry;

                  (ii)         in any other case—

                        (A)         a number shown on the certificate of inspection under section 54 of the Act or Part 4A of the Road Traffic Act 1961 ; or

                        (B)         a number determined by the Minister in relation to the relevant vehicle.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback