This Part applies to and in relation to taxi-cabs.
In this Part:accredited taxi-cab operator means a person accredited under Division 3 for the purpose of carrying on a taxi-cab service.
affiliation means the affiliation of accredited taxi-cab operators with authorised taxi-cab networks, as referred to in Division 6.
applicable contract determination means:
(a) the Taxi Industry (Contract Drivers) Contract Determination 1984, as in force from time to time under the Industrial Relations Act 1996, or(b) if that determination ceases to have effect, the contract determination, as in force from time to time under that Act, applying for the purpose of determining the amount of chargeable fares payable by contract drivers of taxi-cabs.authorised taxi-cab driver means a person authorised under Division 5 to drive a taxi-cab.
authorised taxi-cab network means a taxi-cab network carried on by an authorised taxi-cab network provider.
authorised taxi-cab network provider means a person authorised under Division 6 to operate a taxi-cab network.
service standard means a service standard determined under this Part for or with respect to taxi-cab operators or taxi-cab network providers.
taxi-cab booking service means the service of:
(a) accepting bookings for taxi-cabs from members of the public, and(b) transmitting messages to taxi-cab drivers by telecommunication to appropriate receivers with which the taxi-cabs are fitted,in order to facilitate the provision of taxi-cab services.taxi-cab network means a facility provided for the delivery of taxi-cab services involving affiliated accredited taxi-cab operators, including a taxi-cab booking service.
taxi-cab service means a public passenger service carried on by means of one or more taxi-cabs.
30 Taxi-cab service requirements
(1) A person who carries on a taxi-cab service, being a service operating wholly or partly within New South Wales, by means of a taxi-cab is guilty of an offence if:(a) the person is not accredited for the purposes of carrying on the service under Division 3, or(b) the taxi-cab is not licensed under Division 4, or(c) the person is not affiliated with a taxi-cab network authorised under Division 6, unless exempted by RMS from the provisions of this paragraph.(2) A person who carries on a taxi-cab service, being a service operating wholly or partly within New South Wales, by means of a taxi-cab is guilty of an offence if:(a) the service is carried on otherwise than in accordance with the terms and conditions of the person’s accreditation under Division 3, or(b) the service is carried on otherwise than in accordance with such of the terms and conditions of the taxi-cab’s licence as are applicable to the person under Division 4.Maximum penalty: 1,000 penalty units.
(1) RMS may accredit persons for the purpose of carrying on taxi-cab services, subject to and in accordance with this Division. A person accredited under this Division is referred to in this Part as an “accredited taxi-cab operator”.(2) The purpose of accreditation under this Division is to attest:(a) that the accredited person is (or, in the case of an accredited person that is a corporation, the designated directors and managers of the corporation are) considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a taxi-cab service, and(b) that the accredited person has demonstrated the capacity to meet and continue to meet the appropriate requirements with respect to:(i) financial viability, and(ii) safety of drivers, passengers and the public, and(iii) vehicle maintenance,to the degree and in the manner required in respect of services of the kind specified in the accreditation.(3) The appropriate requirements are:(a) such requirements as may be prescribed by the regulations, and(b) the standards determined under section 31E.
31A Application for accreditation
(1) A person may apply to RMS for accreditation under this Division.(2) An applicant is required to pay any fee fixed by the regulations for consideration of the application.(3) An application made by a corporation is not to be considered by RMS unless the corporation nominates designated directors or managers (as referred to in section 35).(4) For the purposes of subsection (3), RMS may, from time to time, determine the number of persons who are to be nominated as designated directors and the number of persons who are to be nominated as designated managers. Such a determination may be made generally or in any particular case or class of cases.(5) Procedures for making and dealing with applications may be settled by RMS, subject to any provisions of the regulations.
31B Grant or refusal of application
(1) Having regard to the purpose of accreditation under this Division, RMS may grant an application and accredit the applicant for the purpose of carrying on a taxi-cab service, or may refuse the application.(2) Before an application is granted, the applicant must meet any criteria set forth in the regulations and must satisfy RMS as to any matter RMS considers relevant.(3) An applicant is required to pay any fee fixed by the regulations for the accreditation when first issued.(4) Particulars of an accreditation are to be given in writing by RMS to the accredited person.(5) An accreditation may be given so as to be general or limited, that is to say:(a) appropriate generally for a taxi-cab service, or(b) appropriate only for the service or services designated in the accreditation, or for a service or services having the scope or characteristics so designated.
31C Term and renewal of accreditation
(1) An accreditation under this Division, unless sooner suspended or cancelled, remains in force for a period determined by RMS and specified in the particulars of the accreditation.(2) An accreditation is renewable from time to time on payment of the fee fixed by the regulations.(3) Procedures for renewal may be settled by RMS, subject to any provisions of the regulations.
31D Conditions of accreditation
(1) An accreditation under this Division is subject to:(a) the condition imposed by this Division, and(b) the conditions prescribed by the regulations, and(c) such additional conditions as RMS, having regard to the purpose of accreditation under this Division, may impose on the accreditation.(2) Conditions imposed by RMS may be varied (whether by amendment, addition, revocation or suspension of one or more conditions) by RMS from time to time by notice served on the accredited person.(3) An accredited taxi-cab operator who contravenes a condition of the operator’s accreditation is guilty of an offence.Maximum penalty: 1,000 penalty units.
(4) A variation of conditions imposed on an accreditation by RMS is, for the purposes of Division 3 of Part 5 (Reviews by Administrative Decisions Tribunal), a variation of the accreditation.
31E Statutory condition regarding service standards
(1) Each accreditation under this Division is subject to a condition that the accredited taxi-cab operator must comply with service standards determined under this section.(2) TfNSW may from time to time determine service standards with which accredited taxi-cab operators are required to comply.(3) Without limitation, standards may make provision for or with respect to:(a) requiring accredited taxi-cab operators to comply with such service requirements imposed by the taxi-cab network with which the operator is affiliated as are necessary to enable the network to comply with its obligations imposed by or under this Act, and(b) enabling RMS to impose financial sanctions for contraventions of the standards by accredited taxi-cab operators (not exceeding an amount equal to 500 penalty units for any such contravention), and(c) requiring accredited taxi-cab operators to comply with the applicable contract determination in respect of amounts of chargeable fares required to be paid to the operators by drivers to whom the determination applies.(4) Any person may obtain from RMS a copy of the standards on payment of the fee (if any) prescribed by the regulations.(5) The regulations may make provision for or with respect to:(a) the procedures to be followed in making determinations under this section, and(b) the publication of determinations under this section, and(c) the imposition of financial sanctions under this Division.(6) Nothing in this section limits the matters for or with respect to which regulations may be made under this Act.
31F Variation, suspension or cancellation of accreditation
(1) Having regard to the purpose of accreditation under this Division, RMS may at any time vary, suspend or cancel any person’s accreditation under this Division.(2) Without limiting subsection (1), RMS may vary, suspend or cancel a person’s accreditation under this Division:(a) for failure to comply with a service requirement imposed by the taxi-cab network with which the operator is affiliated, but only if RMS is satisfied that the requirement is reasonable and necessary to enable the network to comply with its obligations imposed by or under this Act, and(b) for failure to comply with a service standard requiring compliance with the applicable contract determination, and(c) for failure to pay a financial sanction imposed under the standards under this Division.(3) The accreditation of a corporation is automatically cancelled when there is no designated director or manager.
31G Taxi-cab service to be linked to network booking service
An accredited taxi-cab operator must ensure that, at all times while a taxi-cab is being used for the purposes of the operator’s taxi-cab service:(a) arrangements are in force with a taxi-cab network for the provision of a taxi-cab booking service in respect of the taxi-cab, and(b) the taxi-cab is fitted with a receiver, appropriate for receipt of messages from the network, in working order,unless exempted by RMS from the provisions of this section.Maximum penalty: 1,000 penalty units.
(1) RMS may license motor vehicles as taxi-cabs, subject to and in accordance with this Division.(2) Subject to subsection (3):(a) the authority of a licence for a taxi-cab, if the licence is let or sublet, inures to the benefit of the lessee or sublessee to the exclusion of the lessor or sublessor, and(b) a reference in this Act or the regulations to the licensee of, or the holder of a licence for, a taxi-cab is a reference to the person having the benefit of the authority of the licence concerned.(3) However:(a) the regulations may provide that such a lessor is subject to specified provisions of this Act or of the regulations relating to licensed taxi-cabs, either to the exclusion of any lessee or sublessee or jointly with any lessee or sublessee, and(b) the conditions of a licence may provide that such a lessor is subject to the provisions of specified terms and conditions of the licence, either to the exclusion of any lessee or sublessee or jointly with any lessee or sublessee.The regulations or conditions referred to in this subsection may provide that the lessor and any lessee or sublessee are jointly and severally liable under any specified provisions or for any matters arising in connection with them.
(4) The following provisions have effect:(a) the regulations may provide that specified kinds of terms and conditions of licences apply to accredited taxi-cab operators carrying on taxi-cab services by means of the taxi-cabs concerned, and(b) the conditions of a licence may provide that specified terms and conditions of the licence apply to an accredited taxi-cab operator carrying on a taxi-cab service by means of the taxi-cab concerned.The regulations or conditions referred to in this subsection may provide that such a term or condition applies to a taxi-cab operator to the exclusion of a licensee or may provide that the operator and licensee are jointly and severally liable in connection with such a term or condition.
(1) A person may apply to RMS for a licence under this Division.(2) An applicant is required to pay any fee fixed by the regulations for consideration of the application.(3) An application made by a corporation is not to be considered by RMS unless the corporation nominates designated directors or managers (as referred to in section 35).(4) For the purposes of subsection (3), RMS may, from time to time, determine the number of persons who are to be nominated as designated directors and the number of persons who are to be nominated as designated managers. Such a determination may be made generally or in any particular case or class of cases.(5) Procedures for making and dealing with applications may be settled by RMS, subject to any provisions of the regulations.
32B Grant or refusal of application
(1) RMS may grant an application and issue to the applicant a licence for the taxi-cab concerned, or may refuse the application.(2) Before an application is granted, the applicant must meet any criteria set forth in the regulations and must satisfy RMS as to any matter RMS considers relevant.(3) A licence issued by RMS must have a term of 12 months (an annual licence), if:(a) the licence is for a taxi-cab operated wholly or partly within the Metropolitan transport district, or(b) the licence is a licence, or a licence of a class, prescribed by order of TfNSW published in the Gazette.(4) In any other case, RMS may issue a licence:(a) designated as an ordinary licence, having a term, determined by RMS and specified in the licence (an ordinary licence), or(b) designated as a short-term licence, having a term, not exceeding 6 years, determined by RMS and specified in the licence (a short-term licence).(5) A licence remains in force for the period of the term of the licence unless sooner suspended or cancelled.(6) Without limiting subsection (3), an order under that subsection may apply that subsection to all licences issued after a specified date or may apply that subsection to licences for taxi-cabs operated wholly or partly within a specified area or areas of the State.
32C Availability of annual licences (other than licences for wheelchair accessible taxi-cabs)
(1) TfNSW must determine, before 31 March in each year, the number of annual licences to be issued for taxi-cabs during the year commencing on the following 1 July.(2) Any such determination may also do any of the following:(a) determine the number and class of annual licences that are to be issued to authorised taxi-cab drivers who are also accredited taxi-cab operators or who have applied for such accreditation,(b) limit the number of annual licences that may be granted to the same applicant or related applicants if, in the opinion of TfNSW, such a limitation is likely to promote competition that will benefit the public,(c) provide for any other matter relating to the issue of annual licences that is prescribed by the regulations.(3) In making a determination, TfNSW is to have regard to the following matters:(a) likely passenger demand and latent demand for taxi-cab services,(b) the performance of existing taxi-cab services,(c) the demand for new taxi-cab licences,(d) the viability and sustainability of the taxi-cab industry,(e) any other matters TfNSW considers relevant, having regard to the objective of ensuring improved taxi-cab services.(4) TfNSW may, if TfNSW thinks fit, obtain expert advice in relation to any of the matters referred to in subsection (3).(5) TfNSW may seek public submissions before making a determination and may take into account any submissions received for the purposes of making the determination.(6) RMS is to have regard to any applicable determination under this section when determining an application for an annual licence.(7) This section does not apply to licences for wheelchair accessible taxi-cabs.
(1) A licence (other than a short-term licence) is renewable from time to time on payment of the administrative fee prescribed by the regulations.(2) RMS may determine the procedures for renewal, subject to any provisions of the regulations.Note. A licence fee is also payable under section 32H on renewal of an annual licence.(3) An annual licence must not be renewed more than 9 times (that is, so that a licence is in force for a total period of not more than 10 years).(4) A person may apply for a new annual licence, with a new fee determined under section 32JA, before or after the end of the 10 year period during which another annual licence held by the person may be renewed.
(1) An ordinary licence may be transferred.(2) Any other licence may be transferred only on the application of the holder’s legal personal representative or of a trustee of the holder’s estate.(3) This section is subject to any condition imposed on a licence under this Act.
32DB Letting and subletting of licences
(1) A licence may be let or sublet without the approval of RMS.(2) This section is subject to any condition imposed on a licence under this Act.Note. See section 30 for licensing and accreditation requirements to operate taxi-cabs.
32E Area of operation of licences
(1) A licence for a taxi-cab may specify the area of operation of the taxi-cab.(2) If no area is specified, the taxi-cab may be used to carry on a taxi-cab service anywhere in New South Wales.(3) A licence for a taxi-cab does not confer on any person an exclusive right to operate a taxi-cab in the area of operation specified in the licence.
(1) A licence is subject to:(a) the conditions prescribed by the regulations, and(b) such additional conditions as RMS may impose on the licence.(2) Conditions imposed by RMS may be varied (whether by amendment, addition, revocation or suspension of one or more conditions) by RMS from time to time by notice served on the licensee.(3) A licensee who contravenes a condition of the licence is guilty of an offence.Maximum penalty: 1,000 penalty units.
(4) A variation of conditions imposed on a licence by RMS is, for the purposes of Division 3 of Part 5 (Reviews by Administrative Decisions Tribunal), a variation of the licence.
32G Variation, suspension or cancellation of licences
(1) RMS may at any time vary, suspend or cancel any licence if:(a) owing to the default of the licensee, or the agents or employees of the licensee:(i) the provisions of this Act or the regulations, or(ii) the terms and conditions of the licence,have not been or are not being complied with, or(b) the taxi-cab service carried on under the authority of the licence has been or is being conducted in such a manner as to cause danger to the public, or(c) the licensee is convicted of an offence against this Act or the regulations with respect to the furnishing of information concerning the service, or(d) the licensee does not have a policy of insurance covering third-party property damage in respect of the taxi-cab, being a policy:(i) issued by a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business, and(ii) providing cover that in the opinion of RMS is sufficient for the taxi-cab, or(e) owing to the default of the licensee, or the agents or employees of the licensee, the applicable contract determination has not been complied with in respect of drivers of the taxi-cab concerned to whom the determination applies, or(f) owing to the default of the licensee, or the agents or employees of the licensee, the taxi-cab concerned is not made available in accordance with a service requirement imposed by the taxi-cab network provider with which the taxi-cab operator who operates the taxi-cab is affiliated, but only if RMS is satisfied that the requirement is reasonable and necessary to enable the network provider to comply with its obligations imposed by or under this Act.(2) A licence issued to a corporation is automatically cancelled when there is no designated director or manager.
(1) In addition to any application fee, a licence fee is payable to RMS when a licence is first issued (in the case of an ordinary licence or a short-term licence) or when a licence is first issued or renewed (in the case of an annual licence).(2) The licence fee is payable by the person to whom the licence is issued in the manner determined by RMS.(3) TfNSW may determine a licence fee under this Act that exceeds the amount required to cover the administrative or other costs of the taxi-cab licensing scheme.
32I Licence fee for ordinary licence
(1) The amount of the licence fee for an ordinary licence must be determined by inviting applicants for the licence to bid for it at a public auction or to submit sealed tenders for it or by using such other method chosen by TfNSW as will, in TfNSW’s opinion, yield as the fee for the licence an amount equivalent to its current value on the open market.(2) TfNSW may, in the circumstances specified in the regulations, fix the licence fee at less than the current value of the licence on the open market or decide not to impose a licence fee for the licence.(3) (Repealed)
32J Licence fee for short-term licences
The amount of the licence fee for a short-term licence issued under this Division is an amount determined by TfNSW.
32JA Licence fee for annual licences
(1) The amount of the licence fee for an annual licence (other than a licence for a wheelchair accessible taxi-cab) must be determined by inviting applicants for the licence to bid for it at public auction or to submit sealed tenders for it.(2) TfNSW may, in the circumstances specified in the regulations, determine a licence fee for any such annual licence without complying with subsection (1).(3) The amount of the licence fee for an annual licence determined under subsection (1) or (2) is the licence fee payable on each renewal of the licence.(4) The amount of the licence fee for an annual licence for a wheelchair accessible taxi-cab is an amount determined by TfNSW.
(1) An accredited taxi-cab operator may, if a licensed taxi-cab used in the taxi-cab service is out of operation while undergoing repair or service, operate in place of that taxi-cab another motor vehicle even though no licence is in force for it, but only if that other motor vehicle complies with the requirements of this section.(2) A motor vehicle that is operated in place of a licensed taxi-cab must:(a) display the number-plates allocated to the taxi-cab by virtue of its being so licensed, and(b) be registered under the Road Transport (Vehicle Registration) Act 1997, and(c) in addition to the number-plates referred to in paragraph (a), display the number-plates allocated to that vehicle by virtue of its registration under the Road Transport (Vehicle Registration) Act 1997, and(d) comply, to the satisfaction of RMS, with the standards prescribed for taxi-cabs, and(e) except to the extent authorised by RMS, conform to the terms and conditions imposed by the licence for that taxi-cab, and(f) display a sign in accordance with the regulations identifying the vehicle as a stand-by taxi-cab, and(g) comply with such other requirements as are prescribed by the regulations for the purposes of this subsection.(3) While a motor vehicle that is being operated in place of a licensed taxi-cab complies with the requirements of this section, that motor vehicle is taken, for the purposes of this Act, to be a taxi-cab for which a licence is in force.
(1) RMS may, by the issue of authorities under this Division, authorise persons to drive taxi-cabs, subject to and in accordance with this Division. A person authorised under this Division is referred to in this Part as an “authorised taxi-cab driver”.(2) A person who drives a taxi-cab is guilty of an offence unless the person is an authorised taxi-cab driver.Maximum penalty: 100 penalty units.
(3) The purpose of an authority under this Division is to attest:(a) that the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a taxi-cab, and(b) that the authorised person is considered to have sufficient responsibility and aptitude to drive a taxi-cab:(i) in accordance with the conditions under which the taxi-cab service concerned is operated, and(ii) in accordance with law and custom.(4) The regulations may create categories or grades of authorities.(5) Without limitation, the regulations may provide that subsection (2) does not apply in specified circumstances, including, for example, when a taxi-cab is being driven to a place to have it repaired or serviced.
33A Application for authorisation
(1) A person may apply to RMS for authorisation under this Division.(2) An applicant is required to pay any fee fixed by the regulations for consideration of the application.(3) Procedures for making and dealing with applications may be settled by RMS, subject to any provisions of the regulations.
33B Grant or refusal of application
(1) Having regard to the purpose of authorisation under this Division, RMS may grant an application and authorise the applicant to drive a taxi-cab, or may refuse the application.(2) Before an application is granted, the applicant must meet any criteria set forth in the regulations and must satisfy RMS as to any matter RMS considers relevant.(3) An applicant is required to pay any fee fixed by the regulations for the authority when first issued.(4) An authority is to be given in writing by RMS to the authorised person.(5) The authority may specify the category or grade of the authority, and (without limitation) may specify the kind or kinds of vehicles for which the authority is granted.
33C Term and renewal of authority
(1) An authority under this Division, unless sooner suspended or cancelled, remains in force for a period determined by RMS and specified in the authority.(2) An authority is renewable from time to time on payment of the fee fixed by the regulations.(3) Procedures for renewal may be settled by RMS, subject to any provisions of the regulations.
(1) An authority under this Division is subject to:(a) the condition imposed by this Division, and(b) the conditions prescribed by the regulations, and(c) such additional conditions as RMS, having regard to the purpose of authorisation under this Division, may impose on the authority.(2) Conditions imposed by RMS may be varied (whether by amendment, addition, revocation or suspension of one or more conditions) by RMS from time to time by notice served on the authorised person.(3) An authorised taxi-cab driver who contravenes a condition of the driver’s authority is guilty of an offence.Maximum penalty: 100 penalty units.
(4) A variation of conditions imposed on an authority by RMS is, for the purposes of Division 3 of Part 5 (Reviews by Administrative Decisions Tribunal), a variation of the authority.
33E Statutory condition regarding network directions
(1) Each authorisation under this Division is subject to a condition that the authorised taxi-cab driver when in charge of a taxi-cab must comply with directions given by the relevant taxi-cab network to the driver, being conditions of a kind authorised to be given by or under the standards applying to the network.(2) The relevant taxi-cab network is the network with which the taxi-cab’s accredited taxi-cab operator is affiliated under Division 6.
33F Variation, suspension or cancellation of authority
Having regard to the purpose of authorisation under this Division, RMS may at any time vary, suspend or cancel any person’s authority under this Division.
(1) RMS may authorise persons to operate taxi-cab networks, subject to and in accordance with this Division. A person authorised under this Division is referred to in this Part as an “authorised taxi-cab network provider”.(2) A person who operates a taxi-cab network, being a network operating wholly or partly within New South Wales, is guilty of an offence unless the person is an authorised taxi-cab network provider.Maximum penalty: 1,000 penalty units.
(3) The purpose of authorisation under this Division is to attest:(a) that the authorised person is (or, in the case of an authorised person that is a corporation, the designated directors and managers of the corporation are) considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a taxi-cab network, and(b) that the authorised person has demonstrated the capacity to meet and continue to meet the appropriate requirements with respect to:(i) financial viability, and(ii) the delivery of taxi-cab services, including a taxi-cab booking service, and(iii) supervising and monitoring taxi-cab operators and taxi-cab drivers,to the degree and in the manner required in respect of a taxi-cab network.(4) The appropriate requirements are:(a) such requirements as may be prescribed by the regulations, and(b) the standards determined under section 34E.
(1) A person may apply to RMS for authorisation under this Division.(2) An applicant is required to pay any fee fixed by the regulations for consideration of the application.(3) An application made by a corporation is not to be considered by RMS unless the corporation nominates designated directors or managers (as referred to in section 35).(4) For the purposes of subsection (3), RMS may, from time to time, determine the number of persons who are to be nominated as designated directors and the number of persons who are to be nominated as designated managers. Such a determination may be made generally or in any particular case or class of cases.(5) Procedures for making and dealing with applications may be settled by RMS, subject to any provisions of the regulations.
34B Grant or refusal of application
(1) Having regard to the purpose of authorisation under this Division, RMS may grant an application and authorise the applicant to operate a taxi-cab network, or may refuse the application.(2) Before an application is granted, the applicant must meet any criteria set forth in the regulations and must satisfy RMS as to any matter RMS considers relevant.(3) An applicant is required to pay any fee fixed by the regulations for the authorisation when first issued.(4) Particulars of an authorisation are to be given in writing by RMS to the authorised person.(5) An authorisation may be given so as to be general or limited, that is to say:(a) appropriate generally for taxi-cab services, or(b) appropriate only for the service or services designated in the authorisation, or for a service or services having the scope or characteristics so designated.
34C Term and renewal of authority
(1) An authorisation under this Division, unless sooner suspended or cancelled, remains in force for a period determined by RMS and specified in the particulars of the authorisation.(2) An authorisation is renewable from time to time on payment of the fee fixed by the regulations.(3) Procedures for renewal may be settled by RMS, subject to any provisions of the regulations.
(1) An authorisation under this Division is subject to:(a) the conditions imposed by this Division, and(b) the conditions prescribed by the regulations, and(c) such additional conditions as RMS, having regard to the purpose of authorisation under this Division, may impose on the authorisation.(2) Conditions imposed by RMS may be varied (whether by amendment, addition, revocation or suspension of one or more conditions) by RMS from time to time by notice served on the authorised person.(3) An authorised taxi-cab network provider who contravenes a condition of the provider’s authorisation is guilty of an offence.Maximum penalty: 1,000 penalty units.
(4) A variation of conditions imposed on an authorisation by RMS is, for the purposes of Division 3 of Part 5 (Reviews by Administrative Decisions Tribunal), a variation of the authorisation.
34E Statutory conditions regarding affiliation and service standards
(1) Each authorisation under this Division is subject to a condition that the accredited taxi-cab network provider must have arrangements in place for the affiliation of accredited taxi-cab operators with the taxi-cab network.(2) Each authorisation under this Division is subject to a condition that the authorised taxi-cab network provider must comply with service standards determined under this section.(3) TfNSW may from time to time determine service standards with which authorised taxi-cab network providers are required to comply, being:(a) standards with which the network providers must themselves comply, and(b) standards that the providers must ensure taxi-cab operators and taxi-cab drivers comply with.(4) Without limitation, standards for an authorised taxi-cab network provider may make provision for or with respect to:(a) requiring the network provider to accept applications for affiliation by, and to maintain affiliation with, accredited taxi-cab operators, so long as they pay the network booking service fees and abide by the rules of the network, and(b) the rules of the network so far as they apply to taxi-cab operators and taxi-cab drivers, and(c) maintenance of vehicles used as taxi-cabs, and(d) safety of taxi-cab drivers and of their passengers, and(e) training of taxi-cab drivers, and(f) requiring the network provider to ensure that specified service levels for the carrying out of services related to the network provider’s taxi-cab booking service, and the provision of booked taxi-cabs, are met, and(g) requiring the network provider to ensure that a specified number or type of taxi-cabs, or a percentage of the total number or type of taxi-cabs, operated by taxi-cab operators affiliated with the network provider are on the road:(i) from time to time, or(ii) at a specified location or locations, or(iii) at a specified time or times or during a specified period or periods, or(iv) for the purpose of meeting demand arising from a specified event or events, and(h) authorising the kinds of directions that the network provider is authorised to give taxi-cab operators and taxi-cab drivers, and(i) without limiting paragraph (h), authorising or requiring the network provider to impose such service requirements on individual taxi-cab operators and taxi-cab drivers, or groups of taxi-cab operators and taxi-cab drivers, as are necessary to enable the network provider to comply with its obligations imposed by or under this Act, and(j) requiring the network provider to supervise and monitor taxi-cab operators and taxi-cab drivers in relation to compliance with service requirements and other matters, and(k) requiring reports to be furnished to RMS, whether on a regular basis or in specified circumstances or classes of circumstances or both, and(l) providing facilities, including electronic monitoring facilities, as required by RMS, for the purpose of enabling or assisting RMS to monitor the performance of the network, the delivery of taxi-cab services by the network and the network’s supervision and monitoring of taxi-cab operators and taxi-cab drivers, and entering into arrangements with RMS for this purpose, and(m) enabling RMS to impose financial sanctions for contraventions of standards on the network provider (not exceeding an amount equal to 500 penalty units for any such contravention), and(n) any other aspect of or relating to taxi-cab services, or affiliation under this Division.(5) Any person may obtain from RMS a copy of the standards on payment of the fee (if any) fixed by the regulations.(6) The regulations may make provision for or with respect to:(a) the procedures to be followed in making determinations under this section, and(b) the publication of determinations under this section, and(c) the imposition of financial sanctions under this Division.(7) Nothing in this section limits the matters for or with respect to which regulations may be made under this Act.
34F Variation, suspension or cancellation of authorisation
(1) Having regard to the purpose of authorisation under this Division, RMS may at any time vary, suspend or cancel any person’s authorisation under this Division.(2) Without limiting subsection (1), RMS may vary, suspend or cancel a person’s authorisation under this Division for failure to pay a financial sanction imposed on the person under the standards under this Division.(3) The authorisation of a corporation is automatically cancelled when there is no designated director or manager.
35 Designated directors and managers of corporations
For the purposes of this Part:(a) a corporation may nominate, and RMS may accept the nomination of, any number of its directors or managers as designated directors or managers, and(b) further nominations may be made and accepted from time to time, and(c) a person so nominated becomes a designated director or manager, but only when RMS certifies acceptance of the nomination.
35A Exemptions regarding networks
(1) RMS may, by order in writing or by the terms or conditions of an authorisation under this Division, exempt an accredited taxi-cab operator from the provisions of section 30 (1) (c) or section 31G or both.(2) Nothing in this section affects any other power of exemption under this Act.