Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2005 (NO 1) (NO 39 OF 2005) - REG 19

substitute

99     Records of taxi drivers etc to be maintained by accredited operator

    (1)     The accredited operator of a taxi must make a written record of the following particulars for each person who drives the taxi while it is operating as a taxi:

        (a)     the person's full name and home address;

        (b)     the prescribed driver authority information for the person, including any change to the information notified to the accredited operator by the road transport authority;

        (c)     whether the person has successfully completed an approved wheelchair-accessible taxi driver training course or has been exempted by the road transport authority under section 160 (Authority may exempt wheelchair-accessible taxi drivers from approved training course) from the requirement to successfully complete the course;

        (d)     the dates and times when the taxi was driven by the person while it was operated as a taxi;

        (e)     the registration number of the taxi driven by the person.

    (2)     A person must not fail to comply with subsection (1).

    (3)     An offence against subsection (2) is a strict liability offence.

    (4)     A person commits an offence if—

        (a)     the person is an accredited operator of a taxi; and

        (b)     the person has a written record under subsection (1) of a person (the driver ) who drives a taxi while it is operating as a taxi; and

        (c)     the driver was the holder of a public vehicle licence authorising the driver to drive a taxi for hire or reward; and

        (d)     the driver's public vehicle licence is suspended or cancelled; and

        (e)     the person knows, or ought reasonably to know, that the driver's public vehicle licence is suspended or cancelled; and

        (f)     the person fails to make a written record of the following for the driver—

              (i)     the suspension or cancellation of the driver's licence; and

              (ii)     when the licence was suspended or cancelled.

Maximum penalty: 10 penalty units.

    (5)     A person commits an offence if—

        (a)     the person is an accredited operator of a taxi; and

        (b)     the person has a written record under subsection (1) of a person (the driver ) who drives a taxi while it is operating as a taxi; and

        (c)     the driver was exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000 , section 94A; and

        (d)     the driver is no longer exempt from holding a public vehicle licence; and

        (e)     the person knows, or ought reasonably to know, that the driver is no longer exempt under section 94A; and

        (f)     the person fails to make a written record for the driver that the driver is no longer exempt under section 94A.

Maximum penalty: 10 penalty units.