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Contents (2017 - 424)
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Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017
Current version for 13 December 2019 to date (accessed 10 April 2020 at 10:40)
Part 2 Division 3
Division 3 Vehicle standards
8   Vehicle registration and registration standards for vehicles
(1)  A vehicle used to provide a passenger service must at all times meet the requirements of Part 5 of, and Schedule 2 to, the Road Transport (Vehicle Registration) Regulation 2007 for the registration of the vehicle.
(2)  If any such vehicle is registered in another jurisdiction, it must meet the equivalent requirements for registration in that jurisdiction.
(3)  This safety standard is specified for the owner of the vehicle.
(4)  The following are responsible persons for this safety standard—
(a)  the provider of a taxi service (other than an affiliated service), if the vehicle is used to provide the taxi service,
(b)  the facilitator of an affiliated service and the affiliated provider, if the vehicle is used to provide the affiliated service,
(c)  the provider of a booking service, if the vehicle is a hire vehicle or taxi used to provide a related booked service,
(d)  the holder of the taxi licence for the taxi, if the vehicle is a taxi.
9   Vehicle maintenance
(1)  The following standards apply to the maintenance of a vehicle used to provide a passenger service—
(a)  the vehicle must be regularly and properly maintained so that it meets the requirements referred to in clause 8,
(b)  maintenance of the vehicle, including any maintenance schedule, is to be consistent with the recommendations of the manufacturer of the vehicle,
(c)  records must be kept, in a form approved by the Commissioner, of the maintenance and inspections carried out on the vehicle.
(2)  Maintenance on, or repairs to, a vehicle used to provide a passenger service must not be carried out unless the person carrying out the maintenance or repairs is the holder of a licence under the Motor Dealers and Repairers Act 2013, or an equivalent authorisation under the law of another State or Territory, to carry out the maintenance or repairs.
(3)  Subclause (2) applies even if the person who is to carry out the work concerned is exempted under the Motor Dealers and Repairers Act 2013 from the operation of all or any of the provisions of that Act but does not apply to work that is not repair work for the purposes of that Act.
(4)  For the purposes of this clause, maintenance and repairs do not include the following—
(a)  adding approved oils or other fluids to engines, transmissions, differentials, power steering reservoirs, windscreen washer reservoirs, master cylinders, radiators or batteries,
(b)  changing engine, transmission or differential oils,
(c)  changing engine oil filters or fuel filters,
(d)  carrying out general lubrication,
(e)  changing spark plugs,
(f)  changing wheels or tyres,
(g)  changing light bulbs,
(h)  replacing or repairing seats or floor coverings,
(i)  repairs to the interior of the vehicle that do not affect the safe operation of the vehicle,
(j)  replacing external rear vision mirrors.
(5)  This safety standard is specified for the owner of the vehicle.
(6)  The following are responsible persons for this safety standard—
(a)  the provider of a taxi service (other than an affiliated service), if the vehicle is used to provide the taxi service,
(b)  the facilitator of an affiliated service and the affiliated provider, if the vehicle is used to provide the affiliated service,
(c)  the provider of a booking service, if the vehicle is a hire vehicle or taxi used to provide a related booked service,
(d)  the holder of the taxi licence for the taxi, if the vehicle is a taxi.
10   Wheelchair accessible vehicles
(1)  A wheelchair accessible taxi or wheelchair accessible hire vehicle used to provide a passenger service must—
(a)  contain a space, for each of the number of wheelchairs proposed to be carried by the vehicle, that is not less than the size of a rectangular prism with a length of 1,300 mm (parallel to the centre line of the vehicle), a width of 800 mm and a height of 1,500 mm, and
(b)  have no intrusions into that space, other than adjustable restraint devices, and
(c)  comply with the following standards—
(i)  AS/NZS 3856.1:1998, Hoists and ramps for people with disabilities—Vehicle-mounted, Part 1: Product requirements,
(ii)  AS/NZS 3856.2:1998, Hoists and ramps for people with disabilities—Vehicle-mounted, Part 2: Installation requirements,
(iii)  AS/NZS 3696.19:2009, Wheelchairs, Part 19: Wheeled mobility devices for use as seats in motor vehicles,
(iv)  AS/NZS 10542.1:2015, Technical systems and aids for people with disability—Wheelchair tiedown and occupant-restraint systems, Part 1: Requirements and test methods for all systems, and
(d)  comply with the applicable standards of the Disability Standards for Accessible Public Transport issued under the Disability Discrimination Act 1992 of the Commonwealth, and
(e)  carry wheelchair restraints that enable the maximum number of occupied wheelchairs that the taxi or hire vehicle is capable of conveying to be safely and securely attached to the taxi or hire vehicle, and
(f)  be supplied with an approved child restraint within the meaning of rule 266 of the Road Rules 2014.
(2)  A wheelchair accessible taxi or wheelchair accessible hire vehicle is not required to comply with subclause (1)(a) and (b) until 2 years after the commencement of this clause if—
(a)  it was in use as a taxi or hire vehicle immediately before the commencement of this clause, and
(b)  it complies with the requirements applicable to the equipment of a vehicle of that kind as in force under the Passenger Transport Regulation 2007 immediately before the commencement of this clause
(3)  This safety standard is specified for the following—
(a)  the provider of a taxi service (other than an affiliated service), if the vehicle is a taxi and is used to provide the taxi service,
(b)  the facilitator of an affiliated service and the affiliated provider, if the vehicle is a taxi and is used to provide the affiliated service,
(c)  the provider of a booking service, if the vehicle is a wheelchair accessible hire vehicle or wheelchair accessible taxi used to provide a related booked service,
(d)  the holder of the taxi licence for the taxi, if the vehicle is a wheelchair accessible taxi,
(e)  the owner of the wheelchair accessible taxi or wheelchair accessible hire vehicle.
11   Accommodation standard for taxis
(1)  A taxi must have seating accommodation for the driver and for at least 4 and not more than 11 other adult persons.
(2)  The taxi must have at least 4 side doors.
(3)  Subclause (2) does not apply to a wheelchair accessible taxi or a taxi that has seating accommodation for 6 or more adult persons.
(4)  This safety standard is specified for the following—
(a)  the provider of a taxi service (other than an affiliated service), if the taxi is used to provide the taxi service,
(b)  the facilitator of an affiliated service and the affiliated provider, if the taxi is used to provide the affiliated service,
(c)  the holder of the taxi licence for the taxi,
(d)  the owner of the taxi.
12   Signs, lights and markings—taxis
(1)  A taxi that plies or stands for hire on a road or road related area must be fitted with—
(a)  a roof sign that displays the word “TAXI” in black lettering at least 70 mm high, and
(b)  a roof light that is clearly visible in daylight from a distance of 40 metres by a person having normal eyesight.
(2)  The roof light must be lit when the taxi is available for hire on a road or road related area but must not be lit at any other time.
(3)  A taxi that plies or stands for hire on a road or road related area must be painted or marked so that—
(a)  it is clearly identifiable as a taxi, and
(b)  the name or other identifying logo or colours of, and the contact information for, the provider of the taxi service are displayed prominently and are clearly visible on the taxi.
(4)  The following are responsible persons for this safety standard—
(a)  the provider of a taxi service (other than an affiliated service), if the taxi is used to provide the taxi service,
(b)  the facilitator of an affiliated service and the affiliated provider, if the taxi is used to provide the affiliated service,
(c)  the holder of the taxi licence for the taxi.
13   Driver identification—taxi drivers
(1)  The driver of a taxi must be provided with a driver identity document in the form of a card or electronic document containing the following—
(a)  a photograph of the driver,
(b)  an identification number provided by the provider of the taxi service.
(2)  A taxi must be fitted with a device for displaying the driver identity document that enables it to be displayed so that it is clearly visible to any passenger in the taxi.
(3)  This safety standard is specified for the following—
(a)  the provider of a taxi service (other than an affiliated service), if the taxi is used to provide the taxi service,
(b)  the facilitator of an affiliated service, if the taxi is used to provide the affiliated service.
14   Fare calculation devices—taxis
(1)  A taxi that plies or stands for hire on a road or road related area must be fitted with a fare calculation device that complies with this clause.
(2)  All fares and other figures displayed on the fare calculation device must be clearly visible at all times to all persons in the taxi, whether on the device itself or by means of an auxiliary device.
(3)  The fare calculation device must be resistant to tampering and vandalism and must be in working order.
(4)  The fare calculation device must be—
(a)  securely fixed to the taxi, or
(b)  secured in a mounting that is commercially designed and manufactured for that purpose and is fixed to the taxi in the manner intended by the manufacturer.
(5)  The fare calculation device must not be located in any position, or installed in any way, in which it is likely to cause injury to the driver or any passenger during normal operation of the taxi or in the event of severe acceleration or deceleration.
(6)  The fare calculation device must—
(a)  display the fare, including any additional fees, charges or tolls, in numerals, in Australian dollars, and
(b)  be capable of accurately calculating the fare at all times when the taxi is being used as a taxi, and
(c)  be calibrated so that it determines the fare in accordance with the authorised fares.
(7)  This safety standard is specified for the following—
(a)  the provider of a taxi service (other than an affiliated service), if the taxi is used to provide the taxi service,
(b)  the facilitator of an affiliated service and the affiliated provider, if the taxi is used to provide the affiliated service,
(c)  the holder of the taxi licence for the taxi.
(8)  A person is not required to comply with the safety standard specified by this clause for a fare calculation device until 12 months after the commencement of this clause if the fare calculation device complies with the requirements applicable to the device under the Passenger Transport Regulation 2007 immediately before the commencement of this clause.
15   Display of information—taxis
(1)  The following information must be displayed inside a taxi that stands or plies for hire on a road or road related area so that it is clearly visible to any passenger in the taxi—
(a)  the vehicle registration number of the taxi,
(b)  contact information for the person authorised to provide the taxi service for which the taxi is used,
(c)  the fares for journeys and any additional tolls, fees or charges, that may be payable, and any differences arising because of the time when a journey is undertaken.
(2)  This safety standard is specified for the following—
(a)  the provider of a taxi service (other than an affiliated service), if the taxi is used to provide the taxi service,
(b)  the facilitator of an affiliated service and the affiliated provider, if the taxi is used to provide the affiliated service,
(c)  the holder of the taxi licence for the taxi.
16   Duress alarm systems—taxis
(1)  A taxi used to provide a taxi service in the Metropolitan, Newcastle or Wollongong transport district or within the Central Coast local government area, and that plies or stands for hire on a road or road related area, must be fitted with a duress alarm system that—
(a)  complies with the specifications established for the time being by TfNSW by order published in the Gazette for taxis of that type, and
(b)  is in working order.
(2)  The provider of a taxi service (other than an affiliated provider) or the facilitator of an affiliated service that provides taxis in a district or area referred to in subclause (1) must provide and operate the following—
(a)  a system that monitors the activation of duress alarm systems in the taxis at all times when being used to provide the taxi service,
(b)  a system that ensures the efficient operation of duress alarm systems in the taxis at all times when being used to provide the taxi service and the prompt response of the provider when a duress alarm system is activated.
(3)  Subclause (1) is specified as a safety standard for the following—
(a)  the provider of a taxi service (other than an affiliated service), if the taxi is used to provide the taxi service,
(b)  the facilitator of an affiliated service and the affiliated provider, if the taxi is used to provide the affiliated service,
(c)  the holder of the taxi licence for the taxi.
17   Vehicle tracking systems—taxis
(1)  A taxi used to provide a taxi service in the Metropolitan, Newcastle or Wollongong transport district or within the Central Coast local government area, and that plies or stands for hire on a road or road related area, must be fitted with an approved vehicle tracking device that is in working order.
(2)  The provider of a taxi service (other than an affiliated provider) or the facilitator of an affiliated service that provides taxis in a district or area referred to in subclause (1) must provide and operate a system for monitoring the provision of services provided by taxis that ply or stand for hire.
(3)  Subclause (1) is specified as a safety standard for the following—
(a)  the provider of a taxi service (other than an affiliated service), if the taxi is used to provide the taxi service,
(b)  the facilitator of an affiliated service and the affiliated provider, if the taxi is used to provide the affiliated service,
(c)  the holder of the taxi licence for the taxi.
18   Approved security camera systems and safeguards—taxis
(1)  A taxi that plies or stands for hire on a road or road related area must be fitted with an approved security camera system that is in working order.
(2)  Signs must be conspicuously placed in and on the outside of a taxi that is fitted with a security camera system, advising persons that they may be under video surveillance while in or about the taxi.
(3)  The provider of a taxi service (other than an affiliated provider) or the facilitator of an affiliated service must provide and operate a system that is capable of producing recordings from a security camera installed in a taxi.
(4)  The provider of a taxi service (other than an affiliated provider) or the facilitator of an affiliated service must cause the following safeguards to be taken to ensure that any video recordings made by a security camera system are protected against misplacement and against use for unauthorised purposes, until disposed of in accordance with clause 19—
(a)  the security safeguards that TfNSW may specify from time to time by notice published in the Gazette that are applicable to the service,
(b)  any other security safeguards that are reasonable in the circumstances.
(5)  Subclauses (1) and (2) are specified as a safety standard for the following—
(a)  the provider of a taxi service (other than an affiliated service), if the taxi is used to provide the taxi service,
(b)  the facilitator of an affiliated service or an affiliated provider, if the taxi is used to provide the affiliated service,
(c)  the holder of the taxi licence for the taxi.
(6)  Subclause (4) does not apply to an affiliated provider unless the affiliated provider is entitled to have access to the video recordings made by a security camera system fitted in or to a taxi used by the provider.
(6A)  Until 1 November 2019, a security camera system fitted in a taxi before the repeal of the Passenger Transport Regulation 2007 is taken to be an approved security camera system if, immediately before that repeal, the security camera system was an approved security camera system within the meaning of the repealed Regulation.
(7)  Nothing in this clause or clause 19 affects the operation of the Workplace Surveillance Act 2005.
(8)  In this clause and clause 19—
authorised purpose, in relation to the use of a video recording made by a security camera system fitted in or to a taxi, means any of the following purposes or any purpose connected with those purposes—
(a)  an activity referred to in section 18(a)–(d) of the Workplace Surveillance Act 2005,
(b)  the prosecution of, or the issue of a penalty notice in respect of, an offence under the Act or this Regulation, the Crimes Act 1900 or a major offence under the Road Transport Act 2013 that is committed in or about a taxi,
(c)  ensuring a provider’s compliance with the conditions of an authorisation,
(d)  ensuring a passenger’s compliance with any subsidised travel scheme.
video recording includes—
(a)  any electronically stored information from which a recorded image can be generated, and
(b)  any print-out or other reproduction of the recorded image.
19   Disposal of recordings made by security camera system in taxi
(1)  The provider of a taxi service (other than an affiliated provider) or the facilitator of an affiliated service must cause any video recording made by a security camera system installed in a taxi used for the service to be disposed of in accordance with this clause not less than 30 days and not more than 90 days after the recording was made.
(2)  The recording may be disposed of by destroying it by deletion or otherwise or, if it is to be used for an authorised purpose, by giving it to—
(a)  a police officer, or
(b)  an officer authorised by the Commissioner or the Police Commissioner to receive it.
(3)  It is the duty of the Commissioner to ensure the destruction of any video recording that was given to an officer authorised by the Commissioner and which is no longer to be used for an authorised purpose.
(4)  It is the duty of the Police Commissioner to ensure the destruction of any video recording that was given to a police officer or to an officer authorised by the Police Commissioner and which is no longer to be used for an authorised purpose.
(5)  Subclause (1) does not apply in respect of a video recording made during the installation or testing of the security camera.
20   Signs and markings—hire vehicles
(1)  A hire vehicle that is being used to provide a passenger service must not be painted or marked, or have signs or lights that—
(a)  indicate it is a taxi or resemble those of a taxi, or
(b)  could give rise to an inference that the vehicle is a taxi, or
(c)  indicate or could give rise to an inference that the vehicle is a vehicle that is plying or standing for hire.
(2)  The driver of a hire vehicle (other than a motor cycle) that is being used to provide a passenger service must ensure that a retroreflective sign is displayed on or attached to the vehicle that—
(a)  makes it apparent that the vehicle is a hire vehicle, and
(b)  is located on or near the rear of the driver’s side of the vehicle, and
(c)  is clearly visible from the outside of the vehicle.
(3)  The sign may be in the form of an identifying logo or other business identification.
(4)  Subclause (1) is specified as a safety standard for the owner of the vehicle.
(5)  The provider of a booking service is a responsible person for this safety standard, if the hire vehicle is used to provide a related booked service.
21   Motor cycles—hire vehicles
(1)  A motor cycle used as a hire vehicle must comply with the Australian Design Rules (under the Motor Vehicle Standards Act 1989 of the Commonwealth) vehicle category definition for any of the following—
(a)  motor cycles (LC vehicles),
(b)  motor cycles and side cars (LD vehicles),
(c)  motor tricycles (LE vehicles).
(2)  A motor cycle used to provide a passenger service must be fitted with wheel guards (including mudguards) that meet the requirements in Australian Design Rule 42/04—General Safety Requirements made under that Act.
(3)  A motor cycle used to provide a passenger service on any part of an unsealed road must be an LD vehicle or an LE vehicle.
(4)  A motor cycle that is an LC vehicle used to provide a passenger service must comply with the following—
(a)  not have a two-stroke engine,
(b)  not have an engine capacity of less than 500 cc.
(5)  The following equipment must be available, in an undamaged condition and a range of sizes, for use by prospective passengers of a motor cycle used to provide a passenger service—
(a)  motor cycle helmet that complies with rule 270(3) of the Road Rules 2014,
(b)  riding gloves,
(c)  protective jacket,
(d)  boots or gaiters.
(6)  The driver of a motor cycle that is being used to provide a passenger service must be competent in the operation of the motor cycle while carrying a passenger.
(7)  Subclauses (1), (2) and (4) are specified as a safety standard for the owner of the motor cycle.
(8)  The provider of a booking service is a responsible person for the safety standards specified in subclauses (1)–(6) if the motor cycle is used to provide a related booked service.