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TAXI AND LUXURY HIRE CAR INDUSTRIES AMENDMENT BILL 2011
CLAUSE NOTES
In this document `the Principal Act' refers to the Taxi and Luxury Hire Car
Industries Act 2008 and `the Amendment Act' refers to the Taxi and Luxury
Hire Car Industries Amendment Act 2011.
Clause 1 Short title and citation.
Clause 2 Commencement.
(a) Brings the Act into existence.
(b) Enables the Act to commence on the day the Passenger
Transport Services Act 2011 commences. This is
necessary because many of the amendments in the Bill
rely on the changes to the Passenger Transport legislation
also having commenced.
Clause 3 Defines the Principal Act that is to be amended.
Clause 4 Amends the long title of the Principal Act in order to include
restricted hire vehicles within the scope of that Act.
Clause 5 Amends the short title of the Act. Luxury hire cars and restricted
hire vehicles are encompassed by the term `hire vehicles'.
Clause 6 Amends several definitions within the Principal Act and adds
new definitions.
(a) Omits the definition of "accredited operator" and inserts a
definition of "accreditation" that refers to accreditation
under the Passenger Transport Services Act 2011 that is
used to define the term "accredited operator" as below.
Amends the definition of "accredited operator".
(b) Removes the superseded Standard AS 2942 in order to
replace it with the current Standard AS/NZS 10542.1:2009
as in (c).
(c) Inserts a definition of the term "AS/NZS 10542.1:2009",
which is the standard that replaces the superseded
Standard AS 2942.
(d) Inserts a definition of the term "general rhv service', which
is defined in section 84C(4).
(e) Replaces the word "provide" in respect of a taxi service
with the word "operate". This amendment has been made
throughout the Amendment Act to ensure consistency with
the Passenger Transport Services Act 2011.
(f) Inserts a definition of the term "in advance" in respect of
the hiring of some kinds of motor vehicle to clarify the
meaning of this term.
(g) Amends the definition of the term "licence" to include a
restricted hire vehicle licence.
(h) Amends the definition of "luxury hire car". The definition in
the Principal Act includes the term "Public Passenger
Vehicle", which is a phrase used in the Passenger
Transport Act 1997 but which is not used in the Passenger
Transport Services Act 2011. The amended definition
specifies that in order to be a luxury hire car, a vehicle
must be operating under the authority of a luxury hire car
licence.
(i) Amends the definition of "luxury hire car service",
consequent to the change to the definition of "luxury hire
car" and the removal of the term public passenger service"
as outlined in (k).
(j) Inserts the definition of "passenger transport service"
consistent with the Passenger Transport Services Act
2011.
(k) Removes the definitions of "public passenger service" and
"public passenger vehicle" as these terms become
obsolete on the commencement of the Passenger
Transport Services Act 2011.
(l) Inserts a definition of the term "relevant accreditation" in
order to specify the type of accreditation an applicant for a
licence must hold in order to be issued with a licence.
(m) Inserts definitions of the terms "restricted hire vehicle",
"restricted hire vehicle licence" and "restricted hire vehicle
service" for the purposes of regulating restricted hire
vehicles. Amends the definition of "small passenger
vehicle" so that it is consistent with the definition in the
Passenger Transport Services Act 2011.
(n) Amends the definition of "substitute wheelchair accessible
taxi", as such a vehicle does not have to be a taxi in order
for it to be a substitute WAT, but it must be a vehicle
approved for that use.
(o) Amends the definition of "taxi". The definition in the
Principal Act includes the term "Public Passenger Vehicle",
which is a phrase used in the Passenger Transport Act
1997 but which is not used in the Passenger Transport
Services Act 2011.
(p) Removes the definition of the term "taxi driver" as this is a
self-explanatory term and does not require specific
explanation.
(q) Amends the definition of "taxi service", consequent to the
change to the definition of "taxi" and the removal of the
term public passenger service" as outlined in (o).
(r) Inserts a definition of the term "tour" as referenced in
Section 3A.
Clause 7 Inserts the meaning of the term "tour" for the purposes of Part 4
and Part 4A. This specifies the type of transport that can be
provided by luxury hire cars and restricted hire cars that may not
have to be booked in advance.
Due to the wide variety of tours available to the public, this
definition includes provision for the Transport Commission to
determine whether a passenger transport service is a tour for the
purposes of the Act if its status is not clear.
Clause 8 Amends the Intent of the Principal Act to include restricted hire
vehicles and to include the assurance that all vehicles regulated
under the Act are appropriately licensed.
Clause 9 Inserts a new Section to clarify that nothing in the Act derogates
from the requirements of the Passenger Transport Services Act
2011.
Clause 10 Amends Section 7 of the Principal Act to include reference to a
restricted hire vehicle licence.
Clause 11 Replaces Division 1 of Part 3 of the Principal Act as follows:
9(1) Technical amendment to Section 9 of the Principal Act to
clarify the effect of a taxi licence and to outline the four types of
taxi licences.
9(2) Inserts Section 9A to define the nature of a taxi service and
replace the definition contained in Section 3 of the Principal Act.
9(3) Inserts Section 9B to clarify the requirement that a taxi is
only considered to be a taxi for the purposes of the Act if it has
affixed to it the licence number plate issued in respect of the
licence under the authority of which it is operating. This is
necessary as on the commencement of the Principal Act, there
was no longer a requirement for specific vehicles to be licensed
as taxis.
During the review of the Passenger Transport Act 1997 and the
subsequent development of the restricted hire vehicle category
of service, the definitions of "taxi" and "taxi service" and the
effect of taxi licences were also reviewed to ensure that these
were consistent with the proposed restricted hire vehicle
provisions.
The amendments to Division 1, together with the revised
definition of "taxi" in Section 3, give effect to these changes.
Clause 12 Deletes the words "or assigned", as it is understood that a lease
and an assignment in respect of a taxi licence have the same
meaning.
Clause 13 Amends Section 11 of the Principal Act on the advice of the
Office of Parliamentary Counsel. The effect of this Section is
unchanged. That is, it identifies who is legally responsible for the
taxi service operated under the authority of a perpetual taxi
licence.
Clause 14 Amends Section 13 of the Principal Act by clarifying that the
annual administration fee is paid to the Transport Commission.
Clause 15 Amends subsection 22(3) of the Principal Act on the advice of
the Office of Parliamentary Counsel to better articulate the
circumstances in which the Transport Commission may impose
conditions on an owner-operator taxi licence at the time of issue.
The effect of this Section is unchanged.
Clause 16 Technical amendments to Section 24 of the Principal Act due to
changes in terminology in respect of accreditation (refer 6(e))
and the operation of a taxi service (refer 6(l)).
Clause 17 Amends Sections 27 and 28 of the Principal Act on the advice of
the Office of Parliamentary Counsel.
An owner-operator taxi licence cannot be leased. The
amendment to Section 27 clarifies that any agreement
purporting to do so is unenforceable.
The amendment to Section 28 clarifies the power of the
Transport Commission to impose conditions on an owner-
operator taxi licence that has already been issued, and the
process that the Commission must undertake to do so.
Clause 18 Amends Section 29 of the Principal Act by clarifying that the
annual administration fee is paid to the Transport Commission.
Clause 19 Amends Section 31 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the process for
transferring (i.e. selling) an owner-operator taxi licence to
another person.
The clause also includes technical amendments to changes in
terminology in respect of accreditation (refer 6(e)).
Inserts subsection (d) to require that a person to whom an
owner-operator taxi licence is to be transferred has no
outstanding fees due to the Transport Commission. This is
consistent with the criteria for the issue of a new licence.
Clause 20 Technical amendments to Section 34 of the Principal Act due to
changes in terminology in respect of accreditation refer 6(e)).
Clause 21 Technical amendments to Section 35 of the Principal Act due to
changes in terminology in respect of accreditation refer 6(e)).
Clause 22 Amends Section 36 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the process that must
be undertaken by the Transport Commission when it proposes to
suspend or cancel an owner-operator taxi licence. The effect of
this Section is unchanged.
Clause 23 Amends subsection 40(2) of the Principal Act on the advice of
the Office of Parliamentary Counsel to better articulate the
circumstances in which the Transport Commission may impose
conditions on a wheelchair-accessible taxi licence at the time of
issue, and to require the Commission to specify the vehicle to be
used in the licence.
Clause 24 Technical amendments to Section 41 of the Principal Act due to
changes in terminology in respect of accreditation (refer 6(e))
and clarification of the requirement for a vehicle to be approved
for use as a wheelchair-accessible taxi before a new licence can
be issued.
Clause 25 Amends Sections 44 of the Principal Act on the advice of the
Office of Parliamentary Counsel. A wheelchair-accessible taxi
licence cannot be leased. The amendment clarifies that any
agreement purporting to do so is unenforceable.
Clause 26 Technical amendment to Section 45 of the Principal Act due to
changes in terminology in respect of and the operation of a taxi
service (refer 6(l)).
Clause 27 Amends Section 46 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the power of the
Transport Commission to impose conditions on a wheelchair-
accessible taxi licence that has already been issued, and the
process that the Commission must undertake to do so.
Clause 28 Amends Section 47 of the Principal Act by clarifying that the
annual administration fee is paid to the Transport Commission.
Clause 29 Amends Section 49 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the process for
transferring (i.e. selling) a wheelchair-accessible taxi licence to
another person. The effect of this Section is unchanged.
The clause also includes technical amendments to changes in
terminology in respect of accreditation (refer 6(e)).
Inserts subsection (c) to require that a person to whom a
wheelchair-accessible taxi licence is to be transferred has no
outstanding fees due to the Transport Commission. This is
consistent with the criteria for the issue of a new licence.
Clause 30 Amends Section 50 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the process for
transferring a wheelchair-accessible taxi licence to another
vehicle.
Clause 31 Amends Section 51 of the Principal Act to enable no fee to be
prescribed for the transfer of a wheelchair-accessible taxi licence
to a substitute wheelchair-accessible taxi.
Clause 32 Technical amendments to Section 54 of the Principal Act due to
changes in terminology in respect of accreditation (refer 6(e)).
Clause 33 Amends Section 55 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the process that must
be undertaken by the Transport Commission when it proposes to
suspend or cancel a wheelchair-accessible taxi licence. The
effect of this Section is unchanged.
Clause 34 Technical amendments to Section 59 of the Principal Act due to
changes in terminology in respect of accreditation (refer 6(e)).
This amendment also includes a requirement for an applicant for
a temporary taxi licence to not have any outstanding fees due to
the Transport Commission, which is a criterion applied to
applicants for all other licence types issued under the Act.
Clarification of the requirement for a vehicle to be operated to
provide an accessible taxi service on a temporary taxi licence to
be approved for this use.
Clause 35 Technical amendment to Section 62 of the Principal Act.
Clause 36 Amends Section 67 Principal Act to clarify the effect of a luxury
hire car licence.
During the review of the Passenger Transport Act 1997 and the
subsequent development of the restricted hire vehicle category
of service, the definitions of "luxury hire car" and "luxury hire car
service" and the effect of luxury hire car licences were also
reviewed to ensure that these were consistent with the proposed
restricted hire vehicle provisions. The amendment to Section 67
and the insertion of Section 67A (refer Clause 38), together with
the revised definition of "luxury hire car" in Section 3 give effect
to these changes.
Clause 37 Inserts Section 67A to define the nature of a luxury hire car
service and replace the definition contained in Section 3 of the
Principal Act.
Clause 38 Amends Section 68 of the Principal Act on the advice of the
Office of Parliamentary Counsel to better articulate the
circumstances in which the Transport Commission may impose
conditions on a luxury hire licence at the time of issue, and to
require the Commission to specify the vehicle to be used in the
licence.
Clause 39 Amends Section 69 of the Principal Act as follows
(a) Inserts subsection 69(1A) into the Principal Act to clarify
the policy that the licence fee for the issue of a new
luxury hire car licence is a fixed dollar amount.
(b) Technical amendment to Section 69 of the Principal Act
due to changes in terminology in respect of accreditation
(refer 6(e)).
(c) Technical amendment to Section 69 of the Principal Act
due to changes in terminology in respect of the
"operation" of a service (refer 6(l)).
(a) Clarification of the requirement for a vehicle to be
approved for use as a luxury hire car before a new
licence can be issued.
Clause 40 Amends Section 72 of the Principal Act on the advice of the
Office of Parliamentary Counsel. A luxury hire car licence cannot
be leased. The amendment clarifies that any agreement
purporting to do so is unenforceable.
Clause 41 Amends Section 74 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the power of the
Transport Commission to impose conditions on a luxury hire car
licence that has already been issued, and the process that the
Commission must undertake to do so.
Clause 42 Amends Section 75 of the Principal Act by clarifying that the
annual administration fee is paid to the Transport Commission.
Clause 43 Amends Section 77 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the process for
transferring (i.e. selling) a luxury hire car licence to another
person. The effect of this Section is unchanged.
The clause also includes technical amendments to changes in
terminology in respect of accreditation (refer 6(e)).
Inserts subsection (c) to require that a person to whom a luxury
hire car licence is to be transferred has no outstanding fees due
to the Transport Commission. This is consistent with the criteria
for the issue of a new licence.
Clause 44 Amends Section 78 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the process for
transferring a luxury hire car licence to another vehicle.
Clause 45 Technical amendments to Section 81 of the Principal Act due to
changes in terminology in respect of accreditation (refer 6(e)).
Clause 46 Amends Section 82 of the Principal Act on the advice of the
Office of Parliamentary Counsel to clarify the process that must
be undertaken by the Transport Commission when it proposes to
suspend or cancel a luxury hire car licence. The effect of this
Section is unchanged.
Clause 47 Repeals Section 84 of the Principal Act. These offences have
been reviewed, modified and moved to Part 5 of the Principal
Act.
Clause 48 Inserts Part 4A (Sections 84A to 84Q) to provide for the
regulation of restricted hire vehicles. Restricted hire vehicle
services are known as "limited passenger services" under the
Passenger Transport Act 1997. Regulation of these vehicles is
inserted into the Principal Act so that all passenger transport
services provided by small passenger vehicles are regulated
under the same instrument.
84A Explains the effect of a restricted hire vehicle licence
and states that a restricted hire vehicle licence does not
authorise the vehicle operating under that licence to
stand for hire in a public street unless authorised by the
Transport Commission.
84B Describes what a restricted hire vehicle (rhv) service is.
The main features are that: it is provided by a small
passenger vehicle (up to nine seats); a service operator
hires out the vehicle together with a driver; the hiring is
booked in advance, unless otherwise authorised by the
Transport Commission; and the hiring is not undertake
under the authority of a taxi licence or a luxury hire car
licence.
84C Specifies two categories of rhv services.
A general rhv service is one which any form of transport,
which is booked in advance unless otherwise
authorised, may be provided in a vehicle approved by
the Transport Commission. The types of vehicles able to
provide a general rhv service are specified in Section
84I.
A specific rhv services is one in which transport for
specific purposes may be provided. These include
weddings, formals, balls, funerals and tours. Any vehicle
may be used to provide a specific rhv service, subject to
it meeting relevant safety and vehicle inspection
requirements, which are provided for in the accreditation
program (under the Passenger Transport Services Act
2011) and the Vehicle and Traffic (Driver Licensing and
Vehicle Registration) Regulations 2010).
84D (1) Provides for the Commission to issue restricted hire
vehicle licences.
(2)(a) The Commission may impose conditions on an rhv
licence at the time of issue. This is consistent with the
issue process for other types of licence.
(2)(b) If the rhv licence is for a general rhv service, the
Commission is to specify in the licence the vehicle that
can be used to provide this service under the licence.
84E (1) Provides for licences to be issued on application and
payment of the application fee and the licence fee.
(2) Prevents the Commission from issuing a restricted
hire vehicle licence unless the applicant is accredited to
operate a rhv service and has no outstanding fees due
to the Commission.
(3) Requires the Commission to refuse a licence
application unless satisfied that the applicant would
actually be the operator of the rhv service.
84F Only the holder of a restricted hire vehicle licence can be
the responsible operator of that licence. This is
consistent with the prohibition on leasing of this type of
licence and the requirement for the responsible
operators of all other licences (other than perpetual taxi
licences) to be the responsible operator of the licence.
84G Consistent with the provisions for taxi and luxury hire car
licences in sections 26, 43, 61 and 71 of the Principal
Act, a person must not claim to be the operator of a
restricted hire vehicle service if they do not hold a
restricted hire vehicle licence.
84H (1) Consistent with the provisions for taxi and luxury hire
car licences in sections 27, 44 and 72 of the Principal
Act, a restricted hire vehicle licence is not capable of
being leased.
(2) Requires the Transport Commission to cancel a
restricted hire vehicle licence if the Transport
Commission is satisfied that the holder of the licence
has entered into an agreement with another person
purporting to permit that person to operate the licence.
(3) Establishes an offence for entering into such an
agreement as outlined in section 84H(2).
84I (1) Provides for the Transport Commission to approve a
small passenger vehicle (that is, with up to nine seats)
for use as a restricted hire vehicle to provide general rhv
services. The vehicle must be a suitable vehicle and
must meet any other prescribed requirements.
(2) An application for approval of a vehicle for use as a
rhv for general rhv services must be made on a form
approved by the Transport Commission. This is
consistent with the requirement for vehicles used as
luxury hire cars and wheelchair-accessible taxis to be
approved for that use.
(3) Confirms that a vehicle used to provide specific rhv
services (weddings, formals, tours etc) does not have to
be approved by the Transport Commission.
(4) Specifies the types of vehicles that may be used to
provide general rhv services. These are generally
distinctive vehicles that would not normally be used for
everyday transport. Subclause 84I(4)(e) provides for
other vehicles not specified in clause 84I(4) to be
prescribed in regulations.
84J (1) Allows the Transport Commission to impose
conditions on restricted hire vehicle licence after it is
issued and to vary or revoke any conditions imposed.
(2) Sets out the process the Transport Commission must
follow in order to impose vary or revoke conditions on a
restricted hire vehicle licence after it has been issued.
The Commission must give the holder of the licence
notice in writing and an opportunity to make
representations regarding the proposed conditions, and
take such representations into account.
(3) Provides for the Transport Commission to recall the
licence and issue the licence holder with a free
replacement licence that includes the new or varied
conditions.
(4) Requires the holder of a restricted hire vehicle
licence to comply with the conditions of that licence.
84K There is no provision for a restricted hire vehicle licence
to be transferred to another person. This provision, in
conjunction with the restrictions on leasing the licences
and the unlimited availability of new licences at a low
cost, is intended to ensure that these licences do not
become valuable assets, and are simply an authority to
operate a rhv service.
84L Provides for a restricted hire vehicle licence under which
general rhv services are operated to be transferred to
another vehicle and outlines the process that must be
followed.
(2) The holder must apply to the Transport Commission
on a form approved by the Commission and pay the
prescribed fee.
(3) The Transport Commission may approve the transfer
if the vehicle is a small passenger vehicle and is
sufficiently similar in type to the vehicle that it is
replacing.
(4) The transfer of a vehicle onto a licence may be
refused if the licence is suspended, or is subject to a
notice of intention to suspend or cancel.
84M A replacement restricted hire vehicle licence can be
issued if the Transport Commission is satisfied that the
original has been lost, destroyed or damaged. A fee
applies.
84N A restricted hire vehicle licence can be surrendered to
the Transport Commission. The licence and any licence
number plate issued in respect of the licence must be
returned to the Commission. Under section 87, the
licence holder is not entitled to any compensation in
these circumstances.
84O If the accreditation of the holder of a restricted hire
vehicle licence is cancelled in accordance with the
Passenger Transport Services Act 2011, any restricted
hire vehicle licence held by that person is also cancelled.
84P (1) Provides for the Commission to suspend or cancel a
restricted hire vehicle licence in prescribed
circumstances. This includes if the licence is found to be
leased. The same provisions apply for owner-operator
taxi licences (section 36), wheelchair-accessible taxi
licences (section 55) and luxury hire car licences
(section 82)
(2) Requires the Commission to notify the licence holder
of its intention to suspend or cancel the licence and
provide an opportunity for the licence holder to make
representations to the Commission in regard to the
proposed action. It requires the Commission to take any
such representations into account. Sections 36(2), 55(2)
and 82(2) of the Principal Act are amended by clauses
22, 34 and 48 to reflect the drafting in this clause.
(3) and (4) Allows the Transport Commission to suspend
or cancel a licence without providing the licence holder
an opportunity to respond in cases where continued
operation of the licence would represent an immediate
and serious danger to public safety.
(5) Clarifies that a suspended restricted hire vehicle
licence is of no effect during the period of its suspension.
(6) It is an offence for a holder of a licence that has been
suspended to operate a restricted hire vehicle service or
allow another person to operate a restricted hire vehicle
service using that licence.
84Q If the Commission requires a licence holder to return a
licence to the Commission, he or she must comply with
that request.
Clause 49 Amends Section 85(2)(g) of the Principal Act to provide for the
Transport Commission to record in the register of licences the
details of a vehicle operating under the authority of a restricted
hire vehicle licence.
Clause 50 Inserts sections 91A to 91E that establish offences for illegal
operation of vehicles providing transport services. Some of
these offences were included in the Passenger Transport Act
1997 and some were in the Principal Act. Clause 51
consolidates all such offences as follows:
91A Provides that taxis are the only small passenger vehicles
that may be hired out by means of a passenger hailing the
vehicle from the street, unless the Transport Commission
authorises a small passenger vehicle that is not a taxi to obtain
a hiring in this way.
91B Prohibits any motor vehicle from being configured in a
manner that might lead a potential hirer to mistake the vehicle
for a taxi. This includes fitting a taximeter in the vehicle,
describing the vehicle as a taxi, fitting the vehicle with a `taxi'
top-light sign or displaying the word `taxi' or similar on or near
the vehicle. A `top light sign' could be a taxi `roof sign' as defined
in the Taxi Industry Regulations 2008, or it could be a similar
type of sign that does not meet the definition of `roof sign'.
There are defence provisions at clause 91B(3) to ensure that a
vehicle that is used as a substitute taxi, or is in the process of
being configured for use as a taxi in the future, is not captured
by this offence.
91C Prohibits a person soliciting trade for a motor vehicle on a
public street. The term `solicit' in this instance is intended to
mean actively seeking trade for the vehicle. It would not include
placing a sign next to a vehicle that is available for hire for the
purposes of conducting a tour (as defined), unless that sign was
accompanied by active solicitation for business.
91D (1) Prohibits a person from standing or parking a taxi on a
public street unless the taxi is standing in a taxi zone, is in the
process of picking up of dropping off passengers or is
unavailable for hire, unless the Transport Commission has
authorised it to do so. This is intended to ensure that taxis do
not stand for hire in a public street other than at a taxi rank, to
prevent unofficial `ranks' being formed in other places on the
street, which can cause traffic flow problems.
(2) Prohibits a person from standing or parking a small
passenger vehicle (other than a taxi) that is available for hire on
a public street unless the vehicle is in the process of picking up
or dropping off passengers, or indicates that it is not, in fact,
available for hire, unless the Transport Commission has
authorised it to do so. This prevents small passenger vehicles
for "plying for hire" in a public street, as the intention of both
luxury hire car and restricted hire vehicle licences is that for the
majority of services, these vehicles are hired and booked in
advance of the actual hiring.
In situations where the vehicle is available for a tour this will
generally be in precincts where tourists are found in large
numbers 91D(d) provides for the vehicle to lawfully stand for
hire in a public street. The Commission may authorise this
practice in other circumstances as well.
91E (1) Prohibits a person from using a small passenger vehicle
(up to nine seats) to carry a passenger who is paying for the
hiring of the vehicle, unless the vehicle is a taxi, a luxury hire car
or a restricted hire car operating under the authority of a relevant
licence.
(2) This clause does not apply to services that are not
considered to be passenger transport services for the purposes
of the Passenger Transport Services Act 2011 that is, services
such as community transport and car pooling arrangements.
(3) Clarifies the requirements for using vehicles that are also
used as taxis to provide restricted hire vehicle services. In
particular, any signs that the vehicle is used as a taxi must be
removed or obscured, and the vehicle must have a licence
number plate issued in respect of a restricted hire vehicle affixed
to it. That is, it must be operating as a restricted hire vehicle and
not a taxi.
Clause 51 Amends section 93(3)(d) of the Principal Act by replacing the
superseded Standard AS 2942 with the current Standard
AS/NZS 10542.1:2009.
Clause 52 Amends section 95 of the Principal Act by reducing the penalty
for providing false and misleading information to the Transport
Commission from 100 to 30 penalty units.
Clause 53 Amends section 96 of the Principal Act to create offences in
respect of operating or purporting to operate a taxi service, a
luxury hire car service or a restricted hire car service unless the
person holds (owns or leases) a relevant licence and is the
responsible operator of that licence. It extends the existing
provision that applies only to taxi services in order to establish a
consistent offence for all three types of service.
Clause 54 Amends section 97 of the Principal Act by including the holder of
a restricted hire car licence as a person from whom the
Transport Commission may require written information.
Clause 55 Inserts section 98A that provides for the Transport Commission
to waive or refund fees payable by holders of restricted hire car
licences. This authority is intended to be applied at the
commencement of the restricted hire vehicle regime. As a
transitional measure, limited passenger service operators being
re-classified as restricted hire vehicle service operators will be
exempted from paying the initial licence fee that would otherwise
apply to new operators of this service type.
Clause 56 Amends section 99 of the Principal Act to reflect amended words
already defined in respect of accreditation as per clause 6(a)
and to enable the Transport Commission to produce certification,
for use in court proceedings, that a vehicle was approved for use
as a restricted hire car.
Clause 57 Amends Clause 1 of Schedule 1 of the Principal Act in respect of
wheelchair-accessible taxis.
(a) Amends paragraph (a) of subclause (1) to clarify that a
wheelchair-accessible taxi may have up to 12 seats. Previously
a taxi was required to be a small passenger vehicle, which under
the Passenger Transport Act 1997 was defined as a vehicle with
up to 12 seats. Under the Passenger Transport Services Act
2011, a small passenger vehicle is a vehicle with up to nine
seats. However, some taxis, especially wheelchair-accessible
taxis, have more than nine seats. Therefore, it is necessary to
specify the actual maximum number of seats permitted in these
vehicles. Consequential amendments to the Taxi Industry
Regulations 2008 will ensure that standard taxis may also
continue to have up to 12 seats.
(b) Replaces the superseded Standard AS 2942 in subclause
(1)(d) with the current Standard AS/NZS 10542.1:2009. Any
vehicles approved for use as wheelchair-accessible taxis prior to
the commencement of the Act will continue to be approved in
respect of AS 2942. There is no retrospectivity in approvals of
these vehicles.
(c) Inserts a definition of the term "seat" for the purpose of
Schedule 1 to include a position within which an occupied
wheelchair may be secured. This definition differs from the
definition of "seat" in the Passenger Transport Services Act 2011
as it considers the actual number of seats in the vehicle at the
time it is approved, not the number of seats at the time of
manufacture of the vehicle. This is necessary to ensure that
vehicles commonly used as wheelchair-accessible taxis that are
manufactured with more than 12 seats can continue to be used
for this purpose once the number of seats has been modified to
accommodate a wheelchair position.
Clause 58 Amends Clause 1(m) of Schedule 2 of the Principal Act by
correcting the name of the Tasman taxi area, as defined in
clause 21 of Schedule 4.
Clause 59 Amends Clause 1 of Schedule 5 of the Principal Act by providing
additional regulation making powers in respect of restricted hire
vehicles and restricted hire vehicle licences. Schedule 5
provides the matters to which regulations may apply and derives
its power from Section 101 of the Principal Act.
Clause 60 Repeals the Amendment Act in accordance with Government
policy.