South Australian Current Regulations South Australian Current Regulations (1) Pursuant to
section 31(1)(b)(ii) of the Act, the following conditions are prescribed in
relation to an accreditation under Part 4 Division 1 of the Act:
(a) a
condition that the accredited person must, within 7 days, inform the
Minister of action to bankrupt the person or to declare the person insolvent,
or of proceedings by the person to take the benefit (as debtor) of a law
relating to bankruptcy or insolvent debtors or, in the case of a body
corporate, of action to windup the body corporate or to place the body
corporate under official management or in receivership;
(b) a
condition that the accredited person must, within 7 days, inform the
Minister—
(i)
of a change in the person's name or residential address
or, in the case of a body corporate, of a change in the name of the body
corporate, or in the registered office or principal office of the body
corporate; or
(ii)
of a change in the person's business name or trading
name; or
(iii)
in the case of a body corporate, of a change in a
director, manager or other person who is in a position to control or influence
substantially the affairs of the body corporate;
(c) a
condition that the accredited person must, within 7 days, inform the
Minister of a change—
(i)
affecting the accuracy of information furnished to the
Minister for the purposes of gaining accreditation; or
(ii)
affecting the accuracy of particulars specified in the
accreditation;
(d) a
condition that the accredited person must, within 2 business days, inform
the Minister—
(i)
of the laying of a charge for an offence against the
person; or
(ii)
of a finding by a court that the person has been guilty
of an offence;
(e) a
condition that the accredited person will provide to a customer or potential
customer, on request, a copy of the code of practice that applies to the
accredited person;
(f) a
condition that the accredited person will ensure that a vehicle used for the
purposes of the service is not driven in contravention of Part 4
Division 2 of the Act (relating to the accreditation of drivers)
(although this condition does not apply if the accredited person is operating
a community transportation service and the driver is a volunteer driver who
does not hold an accreditation by virtue of regulation 7(4)(b));
(g) a
condition that the accredited person will, if operating a taxi service (other
than a country taxi service)—
(i)
participate in a centralised booking service that
provides a booking service complying with the standards prescribed by
regulation 14(2)(a); and
(ii)
ensure that every taxi is provided with a
fleet safety support service that complies with the standards prescribed by
regulation 14(2)(b) (whether provided by a centralised booking service in
which the accredited person participates, or by a person or body approved by
the Minister); and
(iii)
for the purposes of subparagraphs (i) and
(ii)—
(A) ensure that while the driver of a taxi
used to provide the service is in the taxi, the driver is able to log onto and
out of a computerised telecommunications system connecting the taxi and the
central control station for the booking service used by the accredited person;
and
(B) ensure that every taxi is provided with
equipment, approved by the Minister, by which a global positioning system may
operate connecting the taxi and the central control station; and
(C) ensure that any equipment used in the
taxi for the operation of the computerised telecommunications system or the
global positioning system connecting the taxi and the central control station
is maintained in proper working order at all times that the taxi is plying for
hire;
(h) a
condition that the accredited person must, within 7 days, inform the
Minister of the introduction of a vehicle to the service, or of the withdrawal
of a vehicle from the service;
(i)
a condition that a vehicle used for the purposes of the
service has a current certificate of inspection (unless a certificate is not
required because of an exemption under that section) or, if a
certificate of inspection is required under Part 4A of the
Road Traffic Act 1961 , a current certificate of inspection under that
Act;
(j) a
condition that a vehicle used for the purposes of the service displays, in a
manner determined by the Minister—
(i)
the name of the accredited person (or of a business or
trading name approved by the Minister); or
(ii)
the name of the centralised booking service or booking
office used by the accredited person to take bookings for the service,
unless the vehicle is a taxi or is used to provide a regular passenger
service;
(k) a
condition that the accredited person will ensure that the following
information is maintained in a manner and form determined by the Minister, and
in such detail as the Minister may require:
(i)
except for a regular passenger service or
taxi service—details of each hiring, including the vehicle used to
provide the service, the name and contact information of the person who
engaged the accredited person, a general description of the service that was
provided, and the amount received for the service;
(ii)
for a chauffeured vehicle service—the distance
travelled in connection with each hiring (including travelling to and from a
hiring);
(iii)
for a regular passenger service—details of each
trip undertaken by a vehicle used for the purposes of the service;
(iv)
for a taxi service—in respect of each taxi, a
work sheet for each day that the taxi is used for the purposes of the service;
(v)
the registration number, make and model of each vehicle
used for the purposes of the service;
(vi)
the names and address of each person employed or engaged
by the accredited person to drive a vehicle for the purposes of the service,
and the dates and times at which the person drives a vehicle;
(vii)
if a vehicle used for the purposes of the service is
involved in an accident—the date, time and place of the accident, the
circumstances of the accident, particulars of injury to a person or to
property, particulars of damage to the vehicle, and the name and
identification number of the driver;
(viii)
details of maintenance or repair work carried out on each
vehicle, and of any work involving the conversion or rebuilding of a vehicle;
(l) in
the case of an accreditation for a taxi service other than a
country taxi service—a condition that the accredited person must, when
the person provides a taxi service, be a member of a centralised
booking service (unless the person is within the ambit of clause 9 of
Schedule 4 of the Act);
(m) in
the case of an accreditation for a taxi service other than a
country taxi service (unless the accredited person is within the ambit of
clause 9 of Schedule 4 of the Act)—a condition that the
accredited person must not terminate his or her membership of a centralised
booking service unless or until—
(i)
all amounts due and payable by the accredited person to
the centralised booking service have been paid; and
(ii)
any signs or other equipment that the accredited person
is required to return to the centralised booking service on a termination of
membership have been so returned;
(n)
except for an accreditation for a taxi service (including a taxi service
operated outside Metropolitan Adelaide) or a regular passenger service, or as
specifically authorised under these regulations or by the Minister—
(i)
a condition that a vehicle must not be used to carry
passengers for the purposes of the service except under a pre-arranged hiring
resulting from a request by the hirer directed to a booking office approved by
the Minister and specified in the accreditation or otherwise recorded in a
manner determined by the Minister; and
(ii)
a condition that a vehicle used to carry passengers for
the purposes of the service must not have a sign fitted to its roof; and
(iii)
a condition that any sign fitted to the outside of a
vehicle, or fitted or displayed in or from the inside of a vehicle, used to
carry passengers for the purposes of the service must conform with any
requirements determined by the Minister for the purposes of this provision;
and
(iv)
a condition that the accredited person must not advertise
or list his or her service in a public
directory under a heading or listing that uses the word "TAXI";
(o) in
the case of a Small Passenger Vehicle (Traditional) Accreditation—
(i)
a condition that a vehicle used for the purposes of the
service must be either—
(A) a vehicle that—
• is capable of
seating at least 4 average-sized adults comfortably plus the driver; and
• in the case of
a sedan or wagon—has at least 4 doors; and
• in the case of
a vehicle with an internal combustion engine (including a hybrid-electric
vehicle)—has an engine capacity of 4 cylinders or more; or
(B) a vehicle determined by the Minister
(either specifically or according to a class of vehicle) as being appropriate
for the purposes of this subparagraph; and
(ii)
a condition that a vehicle used for the purposes of the
service must not travel more than 40 000 kilometres during any
prescribed period; and
(iii)
a condition that a vehicle used for the purposes of the
service must not have travelled more than 320 000 kilometres in total; and
(iv)
a condition that a vehicle used for the purposes of the
service must not be used to provide a point to point transport service;
(p) in
the case of a vehicle used for the purposes of a Small Passenger Vehicle
(Metropolitan) Accreditation, a condition that a vehicle used for the purposes
of the service must be—
(A) is capable of seating at least 4
average-sized adults comfortably plus the driver; and
(B) in the case of a sedan or
wagon—has at least 4 doors; and
(C) in the case of a vehicle with an
internal combustion engine (including a hybrid-electric vehicle)—has an
engine capacity of 4 cylinders or more; or
(ii)
a vehicle determined by the Minister (either specifically
or according to a class of vehicle) as being appropriate for the purposes of
this paragraph;
(q) in
the case of a Small Passenger Vehicle (Special Purpose) Accreditation—
(i)
a condition that a vehicle used for the purposes of the
service must be a vehicle that has been specifically approved by the Minister
for the purposes of that particular service; and
(ii)
a condition that a vehicle used for the purposes of the
service must not travel more than 40 000 kilometres during any
prescribed period; and
(iii)
a condition that a vehicle used for the purposes of the
service must not have travelled more than 320 000 kilometres in
total; and
(iv)
a condition that a vehicle must not be used to provide a
point to point transport service;
(r) in
the case of a Small Passenger Vehicle (Non-Metropolitan) Accreditation—a
condition that a vehicle used for the purposes of the service must be—
(i)
a vehicle that has an engine capacity of 6 cylinders
or more and is capable of seating at least 4 average-sized adults
comfortably plus the driver; or
(ii)
a vehicle determined by the Minister (either specifically
or according to a class of vehicle) as being appropriate for the purposes of
this paragraph;
(s) in
the case of a Country Taxi Accreditation—
(i)
a condition that a vehicle used for the purposes of the
service must be—
(A) a vehicle that is capable of seating at
least 4 average-sized adults comfortably plus the driver; or
(B) a vehicle determined by the Minister
(either specifically or according to a class of vehicle) as being appropriate
for the purposes of a country taxi service; and
(ii)
a condition that the accredited person—
(A) must have in place a
country taxi service plan for the country taxi service that complies with
requirements determined by the Minister and is approved by the Minister before
the commencement of the service; and
(B) must operate the service in accordance
with the approved country taxi service plan for the service,
(and the country taxi service plan may be altered from time to time with the
approval of the Minister);
(t)
except for an accreditation for a taxi service or a regular passenger
service—a condition that the accredited person—
(i)
must have in place a plan of operation for the relevant
service that complies with requirements determined by the Minister and is
approved by the Minister before the commencement of the service; and
(ii)
must operate the service in accordance with that plan of
operation,
(and the plan may be altered from time to time with the approval of the
Minister);
(u) if
required by the Minister—a condition that the accredited person has
successfully completed a course recognised by the Minister for the purposes of
this regulation;
(v)
except for an accreditation for a
regular passenger service—a condition that the following policies of
insurance issued by an insurance company incorporated in Australia must be in
force:
(i)
a policy of public liability insurance indemnifying the
accredited person and any authorised driver in an amount of at least $5
000 000 in relation to death or bodily injury caused by, or arising out
of, the use of a vehicle for the purposes of the service; and
(ii)
a policy of insurance indemnifying the accredited person
and any authorised driver in relation to damage to property caused by, or
arising out of the use of, the vehicle for the purposes of the service;
(w)
except for a person who is a member of a centralised booking service—a
condition that the accredited person must have in place arrangements to deal
with lost property;
(x)
a condition that the accredited person will ensure that
the public is provided with a service that is adequate and appropriate for an
accreditation of the relevant kind, and that the accredited person will comply
with a direction of the Minister concerning the provision of a service under
the accreditation;
(y) a
condition that if the accredited person is operating a community
transportation service and engages a volunteer driver who does not hold an
accreditation under section 28 of the Act by virtue of
regulation 7(4)(b) to drive for the purposes of the service then the
accredited person must ensure (through the implementation of appropriate
assessment procedures and on an on-going basis) that the volunteer driver is
of good repute and in all other respects a fit and proper person to be the
driver of a public passenger vehicle.
(2) In
subregulation (1)(o) and (q)—
"prescribed period" in relation to a vehicle used for the purposes of a
service means any period of 12 months from any day on which the vehicle
has been inspected under section 54 of the Act for the purposes of its
use in the service.
(3) A person who is
required to provide information to the Minister under this regulation must
provide the information in a manner and form determined by the Minister.
(4) An accredited
person must, on the request of a driver, provide the driver with a copy of a
work sheet that has been filled in by the driver.
Maximum penalty: $750.
Expiation fee: $105.
(5) An authorised
officer may, at any reasonable time, in order to ensure that the requirements
of this regulation are being met—
(a)
require a person to produce documents; and
(b)
examine, copy or take extracts from a document so produced.
(6) An accredited
person must comply with a requirement of an authorised officer under
subregulation (5) unless to do so—
(a)
might tend to incriminate the person or make the person liable to a penalty;
or
(b)
would breach legal professional privilege.