transport (taxi-cab industry accreditation) amendment regulations 2014file/14-062sr.docx · web...

Transport (Taxi-cab Industry Accreditation) Amendment Regulations 2014

S.R. No. 62/2014

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provisions 23 Principal Regulations 24 Commencement 25 Objective 26 Definitions 27 Regulation 5 substituted 3

5 Applications for accreditation 38 Regulation 6 revoked 49 How records are to be kept 410 Part 5 substituted 4

PART 5—DRIVER AND VEHICLE RELATED CONDITIONS 4

12 Driver health and fitness 413 Wheelchair accessible taxi-cab drivers 514 Training in use of equipment in or on a taxi-cab 515 Driver rights and obligations 616 Vehicle condition 6

11 New Parts 6 and 7 inserted 7

PART 6—COMPLAINTS HANDLING 7

17 Complaints handling—taxi-cab operators 718 Complaints handling in respect of taxi-cab operations—

providers of taxi-cab network services 719 Complaints handling in respect of taxi-cab network

services—providers of taxi-cab network services 820 Providers of taxi-cab network services must establish

a complaints handling system 8

PART 7—GLOBAL POSITIONING SYSTEMS 8

21 Global positioning systems 922 Global positioning system records to be kept 923 Global positioning system records to be provided 9

1

12 Information to be recorded and kept by taxi-cab operators 1013 Information to be recorded and kept by large primary network

service providers 1014 Information to be recorded and kept by intermediate and small

primary network service providers 11═══════════════

ENDNOTES 12

STATUTORY RULES 2014

S.R. No. 62/2014

Transport (Compliance and Miscellaneous) Act 1983


The Governor in Council makes the following Regulations:

Dated: 17 June 2014

Responsible Minister:

TERRY MULDERMinister for Public Transport

YVETTE CARISBROOKEClerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the Transport (Taxi-cab Industry Accreditation) Regulations 2007 as a consequence of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 including by—

(a) reducing taxi-cab industry accreditation entry requirements; and

(b) making a range of other minor and technical changes to improve the regulation and oversight of taxi-cab services in Victoria.

(c) specifying conditions for taxi-cab operator accreditation; and

1

2 Authorising provisions

These Regulations are made under sections 137E and 162 of the Transport (Compliance and Miscellaneous) Act 1983.

3 Principal Regulations

In these Regulations, the Transport (Taxi-cab Industry Accreditation) Regulations 20071 are called the Principal Regulations.

4 Commencement

These Regulations come into operation on 30 June 2014.

5 Objective

In regulation 1(a) of the Principal Regulations, for "safe, reliable and efficient" substitute "safe and reliable".

6 Definitions

In regulation 4 of the Principal Regulations—

(a) the definitions approved accountant, bailee driver and business and service standard are revoked; and

(b) in the definition of taximeter, for "charges." substitute "charges;"; and

(c) in the note at the foot of the definition of taximeter, for "the Secretary to the Department of Transport" substitute "the Taxi Services Commission"; and

(d) insert the following definitions—

"AS ISO 10002—2006 means the Standard AS ISO 10002—2006 Customer Satisfaction—Guidelines for complaints handling in organizations;

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system data means data relating to the operation of the global positioning system, including data about malfunctions, tampering or attempted tampering and activation of emergency warning devices;

Telematics In-Vehicle Unit (IVU) Functional and Technical Specification means the Telematics In-Vehicle Unit (IVU) Functional and Technical Specification, published by Transport Certification Australia in November 2013;

travel data means, in relation to any taxi-cab, information about the position, speed and direction of that taxi-cab whenever that taxi-cab is operating and includes the date and time that the information is generated.".

7 Regulation 5 substituted

For regulation 5 of the Principal Regulations substitute—

"5 Applications for accreditation

For the purposes of section 132(2)(b)(ii) of the Act, an application must be accompanied by—

(a) evidence as to whether or not the applicant, and each relevant person in relation to the applicant, has been found guilty of a tier 1 offence, a tier 2 offence or a tier 3 offence; and

(b) in each case where the applicant, or a relevant person in relation to the applicant, has been found guilty of a

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tier 1 offence, a tier 2 offence or a tier 3 offence—

(i) a description of the offence; and

(ii) the details of any sentencing order made on that finding of guilt.".

8 Regulation 6 revoked

Regulation 6 of the Principal Regulations is revoked.

9 How records are to be kept

In regulation 9 of the Principal Regulations—

(a) for "regulations 6, 7 and 8" substitute "regulations 7, 8 and 22"; and

(b) after subregulation (c) insert—

"(ca) in the case of a record referred to in regulation 22, for a period of 3 years commencing on the date the record was created; and"; and

(c) for subregulation (d) substitute—

"(d) in the case of a record not referred to in paragraphs (c) or (ca), for a period of 5 years commencing on the date the record was created.".

10 Part 5 substituted

For Part 5 of the Principal Regulations substitute—

"PART 5—DRIVER AND VEHICLE RELATED CONDITIONS

12 Driver health and fitness

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must take reasonable steps to verify

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that a driver of a taxi-cab operated or permitted to be operated by that person is of sufficient good health and fitness to operate the taxi-cab.

13 Wheelchair accessible taxi-cab drivers

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must not operate or permit to be operated a taxi-cab that is a wheelchair accessible taxi-cab unless the driver of that taxi-cab has successfully completed—

(a) any specified course of training required by the licensing authority under section 167 of the Act; and

(b) any specified course of training required to be undertaken under a condition of the driver accreditation held by the driver.

Note

See section 169A(2A) of the Act.

14 Training in use of equipment in or on a taxi-cab

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must not operate or permit to be operated a taxi-cab unless the driver of the taxi-cab has successfully completed—

(a) any specified course of training in the use of equipment installed in or on the taxi-cab required by the licensing authority under section 167 of the Act; and

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(b) any specified course of training required to be undertaken under a condition of the driver accreditation held by the driver.

Note

See section 169A(2A) of the Act.

15 Driver rights and obligations

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must take all reasonable steps to ensure that a driver who operates or is to operate a taxi-cab operated or permitted to be operated by the person understands the driver's rights and obligations in relation to the taxi-cab and any equipment installed in or on the taxi-cab.

16 Vehicle condition

The accreditation of a person as a taxi-cab operator is subject to the condition that the person must take all reasonable steps to ensure the following in respect of every taxi-cab operated or permitted to be operated by that person—

(a) the taxi-cab is in a fit and serviceable condition at the beginning of every shift; and

(b) faults in, and damage to, the taxi-cab (if any) affecting the fitness and serviceability of the vehicle are reported to the licensing authority as soon as practicable; and

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(c) the cleanliness of the taxi-cab at the beginning of every shift.

__________________".

11 New Parts 6 and 7 inserted

After Part 5 of the Principal Regulations insert—

"PART 6—COMPLAINTS HANDLING

17 Complaints handling—taxi-cab operators

(1) The accreditation of a person as a taxi-cab operator is subject to the condition that the person must ensure that—

(a) every complaint relating to the operation of a taxi-cab operated, or permitted to be operated by that person, is investigated promptly; and

(b) any action required to adequately address the complaint is taken promptly.

(2) Subregulation (1) does not apply if a person who is accredited as a provider of taxi-cab network services provides, in accordance with an arrangement with the person, a complaints handling system on that person's behalf in relation to taxi-cabs operated, or permitted to be operated by that person.

18 Complaints handling in respect of taxi-cab operations—providers of taxi-cab network services

(1) This regulation applies if there is an arrangement in effect between a person who is accredited as a provider of taxi-cab network services and a person who is accredited as a taxi-cab operator (the taxi-cab operator) that relates to the operation of

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taxi-cabs operated or permitted to be operated by the taxi-cab operator (the network services arrangement).

(2) The accreditation of a person as a provider of taxi-cab network services is subject to the condition that the person must ensure that—

(a) every complaint relating to the operation of a taxi-cab to which the network services arrangement relates is investigated promptly; and


19 Complaints handling in respect of taxi-cab network services—providers of taxi-cab network services

The accreditation of a person as a provider of taxi-cab network services is subject to the condition that the person must ensure that—

(a) every complaint relating to taxi-cab network services (within the meaning of Division 4 of Part VI of the Act) the person provides is investigated promptly; and


20 Providers of taxi-cab network services must establish a complaints handling system

The accreditation of a person as a provider of taxi-cab network services is subject to the condition that the person must, for the purposes of regulations 18 and 19, establish, implement and maintain a complaints

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handling system that is consistent with AS ISO 10002—2006.

__________________

PART 7—GLOBAL POSITIONING SYSTEMS

21 Global positioning systems

The operator of a taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated under licences in which the Melbourne Metropolitan Zone is specified and which are held by or assigned to the operator unless the taxi-cab is fitted with a functioning global positioning system that meets the Telematics In-Vehicle Unit (IVU) Functional and Technical Specification.

Penalty: 20 penalty units.

22 Global positioning system records to be kept

The accreditation of a person as a taxi-cab operator is subject to the condition that the person keep records, or arrange for records to be kept, in accordance with regulation 9, of system data and travel data in relation to taxi-cabs operated or permitted to be operated under licences in which the Melbourne Metropolitan Zone is specified.

23 Global positioning system records to be provided

(1) The licensing authority, by written notice, may direct a taxi-cab operator or, where another person is permitted to operate a taxi-cab, that person, to provide to the licensing authority any record referred to in regulation 22.

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(2) A person given a direction under subregulation (1) must comply with the direction without delay unless the person has a reasonable excuse.

Penalty: 10 penalty units.

__________________".

12 Information to be recorded and kept by taxi-cab operators

In Schedule 1 to the Principal Regulations—

(a) for item 1(h) substitute—

"(h) the contents of all driver agreements entered into by the taxi-cab operator; and";

(b) for item 1(i) substitute—

"(i) the results of all inspections of the taxi-cab conducted by or on behalf of the operator; and";

(c) for item 1(l) substitute—

"(l) details of all steps taken by the operator to meet the requirements of Part 5 of these Regulations.";

(d) items 1(m) and 1(n) are revoked.

13 Information to be recorded and kept by large primary network service providers

In Schedule 2 to the Principal Regulations—

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(a) in item 5, omit ", or as required in order to meet a business and service standard applicable to the provider's accreditation";

(b) in item 6, for "in order to meet a business and service standard applicable to the provider's accreditation" substitute "by Part 7 of these Regulations—";

(c) in item 7, for "meet the requirements (if any) of a business and service standard applicable to the provider's accreditation in relation to the training of" substitute "train".

14 Information to be recorded and kept by intermediate and small primary network service providers

In Schedule 3 to the Principal Regulations, in item 7, for "meet the requirements (if any) of a business and service standard applicable to the provider's accreditation in relation to the training of" substitute "train".

═══════════════

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ENDNOTES

Endnotes S.R. No. 62/2014


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1 Reg. 3: S.R. No. 149/2007. Reprint No. 1 as at 7 August 2013. Reprinted to S.R. No. 111/2012.

——Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 20 Standard AS ISO 10002—2006 Customer Satisfaction—Guidelines for complaints handling in organizations (ISO 10002.2004, MOD incorporating Amendment No. 1), published by Standards Australia on 5 April 2006

The whole

Regulation 21 Telematics In-Vehicle Unit (IVU) Functional and Technical Specification, published by Transport Certification Australia in November 2013

The whole

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