Taxi and Hire Vehicle Industries Act 2008 (Tas)

Taxi and Hire Vehicle Industries Act 2008

An Act to provide for the administration of the taxi, luxury hire car and restricted hire vehicle industries and for related purposes [Royal Assent 16 September 2008]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Taxi and Hire Vehicle Industries Act 2008 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – accreditation means accreditation, under the Passenger Transport Services Act 2011 , in respect of a passenger transport service; accredited operator means a person holding accreditation; AS means a standard published by Standards Australia as amended or substituted from time to time; AS 3856 means AS 3856 Parts 1 and 2 "Hoists and Ramps for People with Disabilities – Vehicle Mounted" issued and published by Standards Australia as amended or substituted from time to time; AS/NZS 10542.1:2009 means AS/NZS 10542.1:2009 "Technical systems and aids for disabled or handicapped persons – Wheelchair tiedown and occupant-restraint systems" issued and published by Standards Australia and Standards New Zealand, as amended or substituted from time to time; authorised officer means a person authorised by the Commission, under section 9(2) of the Traffic Act 1925 , in relation to a power or act under that Act or the Vehicle and Traffic Act 1999 ; Commission means the Transport Commission incorporated under the Transport Act 1981 ; compliance plate means an identification plate approved to be placed, or taken to have been placed, on a vehicle under the MVSA; fund means the fund established under section 8 ; general rhv service – see section 84C(4) ; human rights legislation means the following Acts of the Commonwealth: (a) Racial Discrimination Act 1975; (b) Sex Discrimination Act 1984; (c) Disability Discrimination Act 1992; inactive, in relation to a taxi licence, means not being used to operate a taxi service; in advance, in relation to the hiring of a motor vehicle, means that the hiring and the terms of the hiring are agreed by the parties in advance of, not at or just before, the time at which the motor vehicle is actually used for the hiring; inspection report means a report issued in respect of a vehicle by – (a) an authorised officer; or (b) a person who has an agreement with the Crown to carry out inspections of vehicles; or (c) some other person approved by the Registrar – that certifies that the vehicle is roadworthy; investigation means an investigation conducted for the purposes of section 66E ; licence means a perpetual taxi licence, a wheelchair-accessible taxi licence, an owner-operator taxi licence, a temporary taxi licence, a luxury hire car licence or a restricted hire vehicle licence; licence number plate means a plate issued by the Commission in respect of a licence in force under this Act; luxury hire car means a motor vehicle that is – (a) approved under section 73 for use as a luxury hire car; and (b) operating under the authority of a luxury hire car licence; luxury hire car licence means a luxury hire car licence referred to in Part 4 ; luxury hire car service – see section 67A ; motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ; MVSA means the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal; owner, in relation to a perpetual taxi licence, means the person recorded on the register of licences as the owner of that licence; owner-operator taxi licence means an owner-operator taxi licence referred to in Part 3 ; passenger transport service means a passenger transport service within the meaning of the Passenger Transport Services Act 2011 ; perpetual taxi licence means a perpetual taxi licence referred to in Part 3 ; public street has the same meaning as in the Traffic Act 1925 ; registered means registered under the Vehicle and Traffic Act 1999 ; registered operator means a registered operator within the meaning of the Vehicle and Traffic Act 1999 ; register of licences means the register required to be kept by the Commission under section 85 ; Register of Motor Vehicles means the register of motor vehicles and trailers kept by the Registrar in accordance with regulations made under the Vehicle and Traffic Act 1999 ; Registrar means the Registrar of Motor Vehicles appointed under section 5 of the Vehicle and Traffic Act 1999 ; regulations means regulations made and in force under this Act; Regulator means the Tasmanian Economic Regulator appointed under section 9 of the Economic Regulator Act 2009 ; relevant accreditation, in relation to a taxi service, luxury hire car service or restricted hire vehicle service, means accreditation in respect of a passenger transport service whose operations are in the nature of a taxi service, luxury hire car service or restricted hire vehicle service; remote area wheelchair-accessible taxi means a taxi that is approved for use as a remote area wheelchair-accessible taxi by the Commission in accordance with Schedule 1 ; remote taxi area means an area, displayed on a map that is generated under section 90A(3) , that is indicated on the map to be a remote taxi area and to be in effect; repealed Act means the Taxi and Luxury Hire Car Industries Act 1995 ; reserve price, for a licence for a year, means the reserve price, for the year, for an owner-operator taxi licence for the taxi area to which that licence relates, as specified in section 66C(1) ; responsible operator, in relation to a taxi licence, means the person recorded on the register of licences as the responsible operator of the taxi service authorised by that licence; restricted hire vehicle means a motor vehicle that is operating under the authority of a restricted hire vehicle licence; restricted hire vehicle licence means a restricted hire vehicle licence referred to in Part 4A ; restricted hire vehicle service – see section 84B ; small passenger vehicle has the same meaning as in the Passenger Transport Services Act 2011 ; specific rhv service – see section 84C(4) ; substitute wheelchair-accessible taxi means a vehicle that is approved for use as a substitute wheelchair-accessible taxi by the Commission in accordance with Schedule 1 ; taxi means a motor vehicle that is operating under the authority of a taxi licence; taxi area means an area, displayed on a map that is generated under section 90A(3) , that is indicated on the map to be a taxi area and to be in effect; taxi licence means a perpetual taxi licence, an owner-operator taxi licence, a wheelchair-accessible taxi licence or a temporary taxi licence; taxi service – see section 9A ; taxi zone means a length of road to which a taxi zone sign applies; taxi zone sign means a sign that identifies a length of road for use as a taxi zone for the purposes of the Road Rules; temporary taxi licence means a temporary taxi licence referred to in Division 5 of Part 3 ; tour – see section 3A ; wheelchair-accessible taxi means a taxi that is approved for use as a wheelchair-accessible taxi by the Commission in accordance with Schedule 1 ; wheelchair-accessible taxi licence means a wheelchair-accessible taxi licence referred to in Part 3 .