From Friday 4 December 2020, amendments to the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 will come into effect.
The amendments update provisions in the point to point transport legislation dealing with disqualifying offences and other safety-related matters and implement a recommendation of the Point to Point Taskforce Report (2015) concerning former taxi licence conditions.
A summary of the changes is set out in the table below:
|3(4) of Schedule 2 of the Point to Point Transport (Taxis
and Hire Vehicles) Act 2016
|Savings, transitional and other provisions||The words “short term taxi licence or annual taxi licence” are replaced with “of class TXHAP”.|
|8||Vehicle registration and registration standards for vehicles||Reference to the current Road Transport (Vehicle Registration) Regulation 2017 is updated.|
|12||Signs, lights and markings—taxis||A roof sign on a taxi may also display the words “CAB” or “CABS” in upper or lower case or a combination.|
|19(1)||Disposal of recordings made by security camera system in taxi||This clause currently requires taxi service providers to keep any video recording made by a security camera system for not less than 30 days but not more than 90 days after the recording was made.
The clause is to be amended so that taxi service providers will only be required to keep video recordings, or any part of a video recording, downloaded from a security camera system for not less than 30 days but not more than 90 days after the recording is downloaded. Where ‘downloaded’ includes reproduced, stored or duplicated by any means.
|24||Disqualifying offences for drivers||The following offences under the Crimes Act 1900 are being added as disqualifying offences for drivers.
Note: The new offences will only be disqualifying where a person is convicted on a date after the commencement of the amendment.
In addition to the provisions of the Crimes Act above, offences under a provision of an Act or statutory rule that is a former
corresponding provision, within the meaning of the Road Transport Act 2013, in relation to a provision referred to in paragraph 24(f) will also be disqualifying.
|24(4A)||Disqualifying offences for drivers||This subclause is deleted.|
|24(5)(a) and 25(3)(a)||Disqualifying offences for drivers and ineligible drivers||The words “(other than an affiliated provider)” wherever occurring are deleted.|
|25(1)(a)||Ineligible drivers||The words “(a1) the person holds an unrestricted Australian driver licence” are inserted.|
|37 and 38||Disqualifying offences—applicants and nominated directors or managers and close associates||An offence under section 127 of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 is added as a disqualifying offence for an application for authorisation or a nominated manager, director or close associate.
Note: The offence will only be disqualifying where a person is convicted on a date after the commencement of the amendment
|55||Payment of fares||Clause 55 makes fare evasion by a passenger of a rank and hail taxi an offence. This clause is to be amended to make fare evasion an offence for all booked trips as well as rank and hail taxi services.
|75||Standing otherwise than in a taxi zone||Taxis are not permitted to stand otherwise than in a taxi zone except in certain circumstances. The maximum penalty is 10 penalty units or $1,100.
The maximum penalty is to be increased to 30 penalty units or $3,300 where the offence occurs on a road or road related area adjacent to tram tracks located on George Street in the Sydney Central Business District. This is also a penalty notice provision incurring a fine of $850.
|94||Exchange of information||The following additional entities are prescribed as “relevant agencies” with which the Point to Point Transport Commissioner is able to enter into information sharing arrangements:
(a) the Commercial Passenger Vehicle Commission established by section 115B of the Transport Integration Act 2010 of Victoria,
(b) the Queensland Department of Transport and Main Roads,
(c) the Secretary of the Department of Communities and Justice,
(d) Service NSW,
(e) the Transport Canberra and City Services Directorate of the Australian Capital Territory.