Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Division 5.1.3 Stand-by hire cars
177A Definitions for div 5.1.3
In this division:
"stand-by hire car"—see section 177B.
"stand-by hire car permit" means a permit issued under section 177C (1).
"stand-by hire car permit label" means a label issued under section 177E (1).
"usual hire car—"see section 177B.
177B Application for stand-by hire car permit
(1) The licensee of a hire car (other than a restricted hire car) may apply to the road transport authority for the issue of a permit to operate another vehicle as a hire car (a stand-by hire car ) instead of the vehicle mentioned in the licence (the usual hire car ).
Note 1 If a form is approved under the Road Transport (General) Act 1999 , s 225 for this provision, the form must be used.
Note 2 A fee may be determined under Road Transport (General) Act 1999 , s 96 for this provision.
(2) The application must be accompanied by a written statement, signed by the registered operator of the other vehicle, authorising the licensee to use the other vehicle as a stand-by hire car.
177C Issue of stand-by hire car permit
(1) The road transport authority may issue a permit to the licensee of a hire car to operate a stand-by hire car if—
(a) the usual hire car is out of operation because it is being repaired or serviced or has become a written-off vehicle; and
(b) the stand-by hire car—
(i) was registrable as a hire car when it was last registered under the Road Transport (Vehicle Registration) Act 1999 ; and
(ii) is covered by a public vehicle policy to the extent that the usual hire car is covered when operated as a hire car; and
(b) the applicant has given the road transport authority the number plates of the usual hire car.
(2) A stand-by hire car permit is not transferable.
(3) A stand-by hire car permit may be issued for a maximum period of 60 days.
(4) The road transport authority must not renew a stand-by hire car permit.
(5) In this section:
"written-off "vehicle—see the Road Transport (General) Act 1999 , section 83B.
177D Form of stand-by hire car permit
(1) A stand-by hire car permit issued to the licensee of a hire car must show—
(a) the hire car licence number allocated to the licensee for the usual hire car; and
(b) the registration number of the usual hire car; and
(c) the registration number of the vehicle to be operated as the stand-by hire car; and
(d) the licensee's full name and address; and
(e) the expiry date of the permit.
(2) A stand-by hire car permit may also include any additional information that the road transport authority considers appropriate.
177E Issue, form and display of stand-by hire car permit label
(1) If the road transport authority issues a stand-by hire car permit to the licensee of a hire car, the authority must also issue to the licensee a label for the vehicle to which the permit relates.
(2) A stand-by hire car permit label issued to the licensee of a hire car must show—
(a) the registration number of the usual hire car; and
(b) the registration number of the vehicle to be operated as the stand-by hire car; and
(c) the expiry date of the permit.
(3) The licensee must attach the stand-by hire car permit label—
(a) to the lower left side (or nearside) of the windscreen of the stand-by hire car; and
(b) so the information on the label is readable from the outside of the hire car.
(4) A person must not operate a stand-by hire car on a road or road related area if—
(a) the hire car does not have the stand-by hire car permit label issued for it attached to the hire car; or
(b) the label is not attached in accordance with subsection (3); or
(c) any information on the label cannot, for any reason, be readily read.
Maximum penalty: 20 penalty units.
(5) The accredited operator of a stand-by hire car operated by someone else in contravention of subsection (4) also commits an offence if the accredited operator failed to take reasonable precautions to prevent the contravention.
Maximum penalty: 20 penalty units.
(6) An offence against this section is a strict liability offence.
177F Conditions of stand-by hire car permit
(1) A stand-by hire car permit is subject to the following conditions:
(a) the stand-by hire car must comply with the conditions of the licence that apply to the usual hire car (unless otherwise authorised in writing by the road transport authority);
(b) the stand-by hire car must comply with the other requirements of the Act for hire cars.
(2) If the accredited operator of the usual hire car complies with subsection (1), the stand-by hire car is taken, for this regulation, to be the usual hire car while it is being operated as a hire car.
177G Stand-by hire cars—replacement of licence label
(1) The road transport authority may issue a replacement stand-by hire car licence label to a hire car licensee if satisfied that the licence label has been lost, stolen or destroyed.
(2) For subsection (1), the road transport authority may require the licensee to give the authority a statement, verified by statutory declaration, that the licence label has been lost, stolen or destroyed.
Note 1 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
Note 2 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
177H Stand-by hire cars—production of permit by hire car driver
(1) A hire car driver must, if the hire car is a stand-by hire car, produce the stand-by hire car permit for the hire car for inspection when required to do so by the road transport authority, a police officer or authorised person.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.