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ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2010 (NO 2) (NO 7 OF 2010)
2010
THE LEGISLATIVE
ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT LEGISLATION
AMENDMENT REGULATION 2010 (No
2)
SL2010—7
EXPLANATORY
STATEMENT
Presented by
Jon Stanhope MLA
Minister for Transport
Overview of amendments
The primary purpose of the amending regulation is to—
• introduce new requirements for drivers of public passenger vehicles to display identity cards while driving a public passenger vehicle for hire or reward;
• change the eligibility requirements for the issue of public vehicle
licences; and
• change the restrictions on the age a vehicle may be
registered as a taxi.
A range of other amendments is also made to road
transport regulations to facilitate their effective operation and to update
them.
Amendments are made to 5 road transport regulations. To
accommodate the interrelated nature of some of the amendments, this explanatory
statement is structured on a thematic basis rather than a clause-by-clause
basis.
Strict liability offences
Clauses 7 and 16 create the following new strict liability offences in the Road Transport (Driver Licensing) Regulation 2000:
• section 64B (Return of public vehicle driver authority card);
• section 88A (Public vehicle licence—licence taken to be
cancelled if holder no longer eligible);
• section 88B (Public vehicle
licence—licence holder to give information about visa status).
Clause 39 creates the following new strict liability offences in the Road Transport (Public Passenger Services) Regulation 2002:
• section 307 (Driver authority card to be displayed or
shown);
• section 308 (Production of driver authority card).
Strict liability offences engage the presumption of innocence under the Human Rights Act 2004. All strict liability offences are assessed by the Human Rights and Criminal Law Units in the Department of Justice and Community Safety. When assessing whether an offence is suitable to be a strict liability offence, the Department has regard to a number of criteria, including:
• whether the defendant was “put on notice” of a requirement to do an act, and that a failure to do so will result in the commission of an offence;
• whether the defendant can be reasonably expected, because of his or her admission to a particular profession or because the requirements of a regulatory regime to which he or she is subject to, to know of their legal obligations under that regime;
• whether the commission of the conduct constituting the offence is technical in nature, or whether the commission of the conduct is “morally blameworthy” or “repugnant”: see Wholesale Travel Group Inc v R [1991] 3 S.C.R. 154;
• whether the burden on the defendant to raise a mistake of fact defence is an evidential or legal one;
• whether requiring the prosecution to prove a subjective mental fault
element or higher level of fault would impose a difficult or impossible burden
on it, thereby undermining the legitimate regulatory objectives of the state;
and
• the severity of the penalty for the offence: a penalty of
imprisonment is very serious, and requires exceptional justification.
In Travel Group Inc a majority Court drew a distinction between
‘true crimes’ and regulatory offences. The Court observed the
earlier distinction it had drawn in R v City of Sault Ste. Marie
[1978] 2 S.C.R. 1299. In that case Dickson J (as he then was), writing on
behalf of a unanimous Court, recognised:
public welfare offences as a
distinct class. ... such offences, although enforced as penal laws through
the machinery of the criminal law, ‘are in substance of a civil nature and
might well be regarded as a branch of administrative law to which traditional
principles of criminal law have but limited application.’
Cory J, writing for the majority in Travel Group Inc, observed
that:
It has always been thought that there is a rational basis for
distinguishing between crimes and regulatory offences. Acts or actions are
criminal when they constitute conduct that is, in itself, so abhorrent to the
basic values of human society that it ought to be prohibited completely.
Murder, sexual assault, fraud, robbery and theft are all so repugnant to society
that they are universally recognized as crimes. At the same time, some
conduct is prohibited, not because it is inherently wrongful, but because
unregulated activity would result in dangerous conditions being imposed upon
members of society, especially those who are particularly
vulnerable.
The objective of regulatory legislation is to protect
the public or broad segments of the public (such as employees, consumers and
motorists, to name but a few) from the potentially adverse effects of otherwise
lawful activity. Regulatory legislation involves a shift of emphasis from
the protection of individual interests and the deterrence and punishment of acts
involving moral fault to the protection of public and societal interests.
While criminal offences are usually designed to condemn and punish past,
inherently wrongful conduct, regulatory measures are generally directed to the
prevention of future harm through the enforcement of minimum standards of
conduct and care.
It follows that regulatory offences and crimes
embody different concepts of fault. Since regulatory offences are directed
primarily not to conduct itself but to the consequences of conduct, conviction
of a regulatory offence may be thought to import a significantly lesser degree
of culpability than conviction of a true crime. The concept of fault in
regulatory offences is based upon a reasonable care standard and, as such, does
not imply moral blameworthiness in the same manner as criminal fault.
Conviction for breach of a regulatory offence suggests nothing more than that
the defendant has failed to meet a prescribed standard of care.
The Court
recognized that strict liability offences would be more readily justified when
applied to regulatory offences which do not imply the same degree of moral
blameworthiness as ‘true crimes’.
Having regard to the
matters considered above, it is considered that the strict liability offences in
the amending regulation impose reasonable and proportionate limitations on the
presumption of innocence in section 22 (1) of the of the Human Rights Act. The
offences are essentially of a regulatory nature. The defence of mistake of fact
is available to a defendant charged with a strict liability offence. The
defence only imposes an evidential burden, as opposed to a legal or
‘persuasive’ burden, on the defendant: the defendant need only
present or point to evidence which suggests that there is a ‘reasonable
possibility’ that he or she acted under a mistake of fact (see the
Criminal Code, section 58 (4) and (7)). If the defendant discharges this onus,
the burden is then put back on the prosecution to disprove beyond reasonable
doubt that the defendant did not act under a mistake of fact (see the Criminal
Code, section 56 (2)). The use of strict liability offences will substantially
assist in protecting the efficiency and integrity of the regulatory regimes
under the regulations being amended.
Clause 1 provides that the name of the amending regulation is the
Road Transport Legislation Amendment Regulation 2010 (No
2).
Clause 2 provides for the commencement of the regulation.
The amendments commence on the day after the regulation is notified on the
legislation register (see subclause (1)) except for the provisions listed in
subclause (2) which commence on 7 April 2010.
The operation of the
provisions listed in subclause (2) needs to be underpinned by amendments of the
rego.act computer system. The delayed commencement will allow the necessary
system changes to be completed. The affected provisions are the amendments
dealing with public vehicle driver authority cards and clause 4, which relates
to the inclusion in the driver licence register of information about the expiry
date of a visa held by the holder of a public vehicle licence.
Clause
3, clause 34, clause 37, clause 41 and clause 47 are at
the beginning of parts 2 to 6 and name the regulation being amended by each
of those parts. For example, clause 3 provides that part 2 of the regulation
amends the Road Transport (Driver Licensing) Regulation 2000 and a note
to the clause indicates that that regulation is also amended in schedule
1.
• Overview
A requirement that a public vehicle driver who is
driving a public vehicle for hire or reward must display a public vehicle driver
authority card is introduced. The change brings the ACT into line with other
jurisdictions and will enable passengers to confirm the identity of the driver
of the vehicle and be confident that the driver is licensed to operate the
vehicle as a public passenger vehicle.
The amendments insert new
provisions that set out the requirements for public vehicle driver authority
cards and amend the relevant provisions of the regulation about the surrender,
replacement and suspension or cancellation of driver licences to apply them to
public vehicle driver authority cards.
• Road Transport (Driver Licensing) Regulation 2000
Clause 7 inserts new sections 64A and 64B which set out the
requirements for public vehicle driver authority cards.
New section 64A
requires the road transport authority to issue a public vehicle driver authority
card to the holder of a public vehicle licence. The card must include, amongst
other things, a photograph of the person to whom it is issued, the kind of
public vehicle the person is authorised to drive for hire or reward and when the
card expires. The expiry date must not be later than the expiry date of the
person’s public vehicle licence.
New section 64B requires the
holder of a public vehicle driver authority card to return the card to the road
transport authority if the person ceases to be authorised to drive a kind of
public vehicle stated in the card, the person changes the person’s name or
the authority takes action under section 87 (which is about when the road
transport authority may taken action to vary, suspend or cancel a driver
licence) because the photograph contained in the licence is no longer a true
likeness of the person.
Clauses 8 to 11 amend section 75, which is
about the replacement of damaged, stolen, lost or destroyed driver licences, so
that it also applies to the replacement of public vehicle driver authority
cards.
Clause 12 amends section 76, which provides that the
road transport authority may, by notice, require a person whose driver licence
has been, is being or about to be suspended or cancelled to return the licence
to the authority. The amendment ensures that if the licence concerned is a
public vehicle licence, the authority may also require the licence holder to
return the person’s public vehicle driver authority card.
Clause
13 substitutes a new section 81. The existing section provides a mechanism
for a person to surrender a driver licence. The substituted section also
applies to public vehicle driver authority cards.
Clause 15 amends
section 87 consequent on the insertion of new section 64B by clause 7.
Section 87 sets out when the road transport authority may vary, suspend or
cancel driver licences. The amendment adds as a ground a failure to comply with
a requirement under new section 64B to return the person’s public vehicle
driver authority card.
Clause 17 consequentially amends the heading
to division 5.3 to include a reference to public vehicle driver authority
cards.
Clauses 18 to 28 amend section 89, which sets out the
procedure for the replacement of a driver licence in certain circumstances. The
amendment ensures that section 89 also applies to the replacement of public
vehicle driver authority cards. Section 89 applies if a licence holder changes
the person’s name, the licence holder surrenders a class of licence or a
public vehicle licence, if the licence has been damaged, stolen, lost or
destroyed or a condition imposed by the road transport authority on a driver
licence has expired. Clause 21 adds as a new ground that the person is the
holder of a driver licence that includes a public vehicle licence and the person
ceases to be eligible to hold the public vehicle licence. The clause also
amends section 89 (1) (b) to correct a grammatical error by inserting a comma
after ‘public vehicle licence’.
Clause 29 substitutes
a new section 90. The existing section provides that a driver licence is of no
effect if it is damaged in a material respect. The substituted section also
applies to public vehicle driver authority cards.
Clause 30
substitutes a new section 138AB. The existing section allows the road transport
authority to use a photograph of a person held for the purposes of a driver
licence or proof of age card. The substituted section also allows the
photograph to be used for the production of a public vehicle driver authority
card for the person.
Clause 32 inserts a new definition of
‘public vehicle driver authority card’ into the
dictionary.
Schedule 1, amendment 1.1 consequentially amends
section 4 to add to note 1 the offence under new section 64B (see clause 7) as
an offence to which the Criminal Code applies.
Schedule 1, amendment
1.11 updates references to the heading of section 89 consequent on an
amended heading being substituted by clause 18.
Schedule 1, amendment
1.12 consequentially amends section 88A (4) to include a reference to a
public vehicle driver authority card. Section 88A is inserted by clause 16
and relates to a person’s eligibility to work as a public vehicle driver.
If the person’s public vehicle licence is cancelled under the section and
the person fails to return the licence to the road transport authority, the
person commits an offence. This amendment is necessary because the public
vehicle driver authority card provisions have a delayed commencement.
• Road Transport (Public Passenger Services) Regulation 2002
Clause 39 inserts a new chapter 7, comprising sections 306 to
308, and sets out the requirements for the display and production by drivers of
what is termed ‘driver authority cards’ for the purposes of the
regulation.
New section 306 defines the term ‘driver authority
card’ as meaning a public vehicle driver authority card issued under the
Road Transport (Driver Licensing) Regulation 2000 or a corresponding card
issued under the law of another jurisdiction.
New section 307 requires a
person who drives a public passenger vehicle (other than a restricted hire car)
for hire or reward to display a driver authority card so that the information on
the photo-side of the card can be readily read by a passenger. However, if the
vehicle is a motorbike, the card must be shown to the passenger at the start of
the hire. Also, a driver authority card may be displayed in accordance with
guidelines made by a notifiable instrument or an approval given by the road
transport authority.
New section 308 provides that a person who drives a
public passenger vehicle for hire or reward commits an offence if the person
fails to produce the person’s driver authority card for inspection when
required to do so by a police officer or authorised person.
Schedule 1, amendment 1.26 consequentially amends section 4A
to add to note 1 the offences under new sections 307 and 308 as offences to
which the Criminal Code applies.
Schedule 1, amendment 1.47
consequentially amends the dictionary to include a definition of ‘driver
authority card’.
• Road Transport (General) Regulation 2000
Schedule
1, amendment 1.16 amends schedule 1 to provide for review by the ACT
Administrative and Civil Tribunal of a decision by the road transport authority
to refuse to approve a way of displaying a driver authority card.
• Road Transport (Offences) Regulation 2005
Schedule 1, amendment 1.21 amends schedule 1 consequent on the
new offence in section 64B (2) of the Road Transport (Driver Licensing)
Regulation 2000 (see clause 7) of failing to return a public vehicle
driver authority card when required to do so by the road transport
authority.
Schedule 1, amendment 1.22 amends schedule 1 consequent
on the amendment of the offence under section 75 (1) of the Road Transport
(Driver Licensing) Regulation 2000 (see clauses 8 to 11) to extend the
offence so that it covers failing to apply to the road transport authority for
the replacement of a damaged, stolen, lost or destroyed public vehicle driver
authority card.
Schedule 1, amendment 1.24 amends schedule 1
consequent on the substitution of a new section 88A (4) by amendment 1.12. It
should be noted that the item numbering in the first column of the amendment
reflects the fact that amendment 1.23, which inserts new item 30A for new
section 88A, will commence before the amendment made by amendment 1.24, and that
before amendment 1.24 commences, the item number for new section 88A will be
editorially renumbered under the Legislation Act 2001 from 30A to
31.
Schedule 1, amendment 1.25 amends schedule 1 to reflect
the new offences in new sections 307 and 308 of the Road Transport
(Public Passenger Services) Regulation 2002 of failing to properly
display or to produce a driver authority card.
Eligibility requirements for public vehicle licences
• Overview
The eligibility requirements for the issue of
public vehicle licences are set out in section 62 of the Road Transport
(Driver Licensing) Regulation 2000 with related provisions about a
person’s suitability to hold a public vehicle licence in
section 70 (3).
The amendments make 2 changes to the
eligibility requirements. First, they introduce a requirement that the person
must be lawfully able to work in Australia as a public vehicle driver. Second,
they amend the requirements for the kind of licence that a person must hold
before being eligible for a public vehicle licence.
• Public vehicle licence eligibility—lawfully able to
work
The change in relation to a requirement that a person must be
lawfully able to work in Australia as a public vehicle driver is made to reflect
recent changes to the Migration Act 1958 (Cwlth) which requires employers
to verify whether prospective employees may lawfully work in Australia. The
changes are intended to reduce the number of temporary visa holders who obtain
work in Australia in breach of their visa conditions. The changes to the
Road Transport (Driver Licensing) Regulation 2000 are intended to assist
public passenger service operators to comply with their requirements under the
Migration Act.
Clause 4 adds a requirement that the driver licence
register established under the Road Transport (Driver Licensing) Act 1999
must include, for the holder of a public vehicle licence who is a temporary
resident who holds a visa allowing the holder to work as a public vehicle
driver, the date the visa expires. This is relevant to new section 64 (2) (see
clause 6) which has the effect that a driver licence must not be issued with an
expiry date that is after the visa’s expiry date.
Clause 5
substitutes new section 62 (3) (e) to (i) for existing section 62 (3) (e) to (h)
of the Road Transport (Driver Licensing) Regulation 2000. Section
62 deals with the eligibility requirements for a public vehicle licence. The
substituted provisions deal with 2 issues: new section 62 (3) (e), which
requires the person to be an Australian citizen, a permanent resident or a
temporary resident who holds a visa that allows the person to work as a public
vehicle driver; and the remaining provisions, which relate to the driver licence
prerequisites for public vehicle licences (see page 9).
Existing section
62 (3) (e), which is about completion of an approved public vehicle driver
training course, is remade by clause 5 in substantially the same form as new
section 62 (3) (f). The only substantive change to the paragraph
is that the course must be for the kind of public vehicle to which the public
vehicle licence relates rather than the kind of public vehicle licence to which
the course relates.
Clause 6 and schedule 1, amendment 1.9
substitute a new section 64 and a new section 63 (1), respectively. Existing
section 64 provides that a driver licence that includes a public vehicle licence
must be issued for the remainder of the period of the driver licence that it
replaces. Under existing section 63 (1), a driver licence may be varied to
include a public vehicle licence. The sections do not contemplate that a driver
licence may be issued to include a public vehicle licence, only that another
kind of licence may be varied to include a public vehicle licence. The
substituted section provides for a driver licence to be issued or varied to
include a public vehicle licence. Substituted section 64 also provides that if
a visa expires before the end of the period for which the driver licence would
ordinarily be issued, the licence must not be issued for more than the period
for which the visa is in force.
Clause 14 amends section 87
consequent on the insertion of new section 88B by clause 16. Section 87
sets out when the road transport authority may vary, suspend or cancel driver
licences. The amendment adds as a ground a failure to comply with a request
under new section 88B (2) to provide evidence that the person holds a visa that
allows the person to work as a public vehicle driver.
Clause 16
inserts new sections 88A and 88B. Both sections apply to a person who was
eligible to apply for a public vehicle licence because the person was a
temporary resident who held a visa that allowed the person to work as a public
vehicle driver.
Under new section 88A the person’s public vehicle
licence is taken to be cancelled if the visa expires, is revoked or changes so
that the person is no longer allowed to work as a public vehicle driver.
However, the licence is not taken to be cancelled if the person can otherwise
lawfully work as a public vehicle driver, eg the person is issued with a
permanent resident visa or a new temporary visa. The person commits an offence
if the person’s public vehicle licence is taken to be cancelled and the
person fails to return the licence to the road transport authority.
Under
new section 88B the person commits an offence if the road transport authority
asks the person for evidence that the person holds a visa that allows the person
to work as a public vehicle driver and the person fails to comply with the
request.
Clauses 31 and 33 consequentially insert new definitions
of ‘Australian citizen’, ‘permanent resident’ and
‘temporary resident’ into the dictionary.
Schedule 1,
amendment 1.2 consequentially amends section 4 to add to note 1 the offences
under new sections 88A and 88B (see clause 16) as offences to which the Criminal
Code applies.
Schedule 1, amendment 1.10 updates a reference to
section 62 (3) (e) in section 67 (4) consequent on it being remade as
new section 62 (3) (f) by clause 5.
Schedule 1, amendment 23
amends the Road Transport (Offences) Regulation 2005 consequent on the
new offences under section 88A (Public vehicle licence—licence taken to be
cancelled if holder no longer eligible) and section 88B (Public vehicle
licence—licence holder to give information about visa status) of the
Road Transport (Driver Licensing) Regulation 2000 which are inserted
by clause 16.
• Public vehicle licence eligibility—driver licence
prerequisites
Clause 5, as noted on page 7, substitutes new
section 62 (3) (e) to (i) for existing section 62 (3) (e) to (h) of the
Road Transport (Driver Licensing) Regulation 2000. Section 62 deals
with the eligibility requirements for a public vehicle licence. The substituted
provisions deal with 2 issues: a requirement that the person must be lawfully
able to work as a public vehicle driver (see new section 62 (3) (e) and (f)
which are dealt with on page 7) and the remaining provisions, section 62 (3) (g)
to (i), which relate to the driver licence prerequisites for public vehicle
licences.
Existing section 62 (3) (f) to (h) provide that to be eligible for a public vehicle licence, a person must—
• hold a full licence (ie a full ACT licence) to drive the relevant
kind of public vehicle or an Australian driver licence (ie a full driver licence
of any Australian jurisdiction) of a higher class and to have held, for at least
3 years, either a provisional or full licence or an Australian driver
licence of a higher class; or
• have held, in the previous 5 years, an
external territory or foreign driver licence that corresponds to a full licence
to drive the relevant kind of public vehicle or an Australian driver licence of
a higher class and has held a full licence to drive the relevant kind of public
vehicle or an Australian driver licence of a higher class for at least 1 year in
the previous 5 years.
New section 62 (3) (g) to (i) require the person—
• to hold a full licence of the relevant kind or a full licence of a
higher class; and
• to have held the full licence, or a corresponding
Australian driver licence, for at least 1 year (or periods totalling 1 year) in
the previous 3 years.
The period of 1 year in the previous 3 years
is to allow for periods of licence suspension or cancellation (noting that the
person must nevertheless be a suitable person to hold a public vehicle licence:
see section 62 (3) (c)). Requiring a person to have held a full licence,
rather than a full licence or provisional licence, for at least 1 year reflects
concerns that drivers from some overseas jurisdictions, despite having held an
overseas driver licence equivalent to a full licence, may not have sufficient
driving experience or skills to be a public vehicle driver. The changed licence
prerequisites will align the Territory’s criteria for licensing public
vehicle drivers with national transport policy.
Schedule 1, amendments
1.3 and 1.7 amend section 6 and section 62 respectively of the Road
Transport (Driver Licensing) Regulation 2000 consequent on the new
requirement that only a full licence may be issued as, or varied to become, a
public vehicle licence.
Additional demerit points during holiday periods
Section 22 (4) of the Road Transport (Offences) Act 2005 defines the term ‘public holiday’ for the purposes of the provisions of the regulation about additional demerit points applying during holiday periods. The existing definition provides as follows:
public holiday means a public holiday under the Holidays Act 1958 other than—
(a) the 2nd Monday in March (Canberra Day); and
(b) a day, or part of a day, declared under that Act, section 3 (1) (b) to be a public holiday; and
(c) a day declared under that Act, section 3 (2) not to be a public
holiday.
Clauses 35 and 36 make 2 changes in relation to the
definition of ‘public holiday’.
The first change moves the
exceptions in the existing definition to a new definition of ‘excluded
public holiday’ (see clause 36). The purpose of this change is twofold.
First, to make it clear that additional demerit points are not automatically
applied to all public holidays. Secondly, to clarify the public holidays to
which additional demerit points are not automatically applied. Clause 35
consequentially inserts references to ‘except an excluded public
holiday’ after each reference to ‘public holiday’ in section
22 (1).
The second change is the inclusion of the Family and Community
Day holiday in the list of excluded public holidays. As this day, like Canberra
Day, is not a public holiday in NSW, additional demerit points are not
automatically applied to these public holidays. As a matter of practice,
additional demerits points are applied in the ACT only when additional demerit
points also apply in NSW. This ensures that during these holiday periods
additional demerit points operate in both jurisdictions to allow road safety
authorities to coordinate their safe holiday driving campaigns and to reduce
confusion for motorists in the ACT/Queanbeyan region.
Schedule 1,
amendment 1.18 updates a note consequent on the insertion of the new
definition of ‘excluded public holiday’ by clause 36.
Accreditation of public passenger vehicle operators
Part 2.2 of
Road Transport (Public Passenger Service) Regulation 2002 deals with
matters relating to the accreditation of people to operate a public passenger
service. One concept is what is termed a ‘relevant person’ for an
application for accreditation by a person (‘the applicant’) or an
accreditation held by a person (‘the accredited person’).
Existing section 6B defines ‘relevant person’. Paragraph
(a) provides that if the applicant or the accredited person is an individual,
the applicant or accredited person and any employee of the applicant or
accredited person who is concerned with, or takes part in, the management of the
public passenger service to which the application relates is a relevant person.
Paragraph (b) provides that if the applicant or the accredited person is a
corporation, each executive officer of the corporation is a relevant
person.
Clause 38 amends paragraph (a) to remove the reference to
employee and provide that ‘anyone’ who is concerned with, or takes
part in, the management of the regulated service to which the application or
accreditation relates is a relevant person. The existing reference to employee
is too limiting and does not allow business partners of individuals to be
considered in the context of an application for accreditation or an
accreditation.
Ending of immediate suspension of public passenger service accreditation,
licence or authorisation
Chapter 8 of Road Transport (Public Passenger
Service) Regulation 2002 deals with disciplinary matters in relation to
people who are accredited to operate a public passenger service or people who
hold a taxi or hire car licence or an authorisation to operate a demand
responsive service. Collectively, these are known as service authorities (see
section 320). A service authority may be suspended without a show cause process
being followed in certain circumstances. Section 324 (5) sets out the
circumstances when an immediate suspension ends.
Clause 40 adds
as a circumstance that if the road transport authority decides to revoke the
immediate suspension notice, the suspension ends when the person whose service
authority is suspended is given written notice by the authority of the
revocation.
Periodic parking tickets
The definition of ‘correctly
displayed’ in section 49A (5) sets out the requirements for the correct
display of a parking ticket in a vehicle. The existing requirements in
paragraph (b) of the definition include a requirement that the expiry date and
time of the ticket are clearly visible from outside the vehicle. Periodic
tickets issued by the road transport authority, eg weekly or monthly tickets for
all-day parking areas, have an expiry date but not an expiry time.
Clause 42 amends paragraph (b) of the definition of
‘correctly displayed’ in section 49A (5) so that an all-day
parking ticket issued by the road transport authority only needs to show an
expiry date.
Section 80 of the Road Transport (Safety and Traffic
Management) Regulation 2000 sets out the requirements for parking tickets
issued by the road transport authority and private parking authorities.
Clause 43 amends section 80 (1) (b). The existing provision
requires a ticket to show the expiry time expressed in days and minutes.
However, a periodic ticket issued by the road transport authority, eg weekly or
monthly tickets for all-day parking areas, have an expiry date but not an expiry
time. The amendment provides that the requirement does not apply to an RTA
periodic ticket.
Clause 44 amends section 80 (1) (e). The
existing provision requires a periodic ticket to show the fee paid for the issue
of the ticket or, for a prepaid ticket, the daily value of the ticket. The
amendment provides that the requirement does not apply to an RTA periodic ticket
issued at a concessional price.
Clause 45 brings the terminology
in example 3 to section 80 (1) into line with the new terminology in the other
amendments by omitting ‘a prepaid parking ticket’ and substituting
‘an RTA periodic ticket’.
Clause 46 inserts a new
section 80 (3) which defines the term ‘RTA periodic ticket’ to mean
a ticket issued by the road transport authority that is valid for not less than
1 week.
Restrictions on registration of vehicles as taxis
• Overview
Section 32B of the Road Transport (Vehicle
Registration) Regulation 2000 sets out restrictions on the registration of a
vehicle as a taxi. These restrictions relate either to the age of the vehicle
or the configuration of the vehicle.
Clause 48 substitutes a
new section 32B which changes some of the age restrictions for the registration
of a vehicle as a taxi. The vehicle configuration restrictions in existing
section 32B are unchanged.
The amendments relax the current age restrictions for the registration of a vehicle as a taxi. The new restrictions seek to maintain a balance between a range of considerations:
• if a vehicle meets appropriate standards of safety, reliability and roadworthiness, it should be able to be registered as a taxi;
• older vehicles are more susceptible to becoming unroadworthy, and can
have a greater detrimental environmental impact, than newer
vehicles;
• giving taxi operators an incentive to maintain their
vehicles and generally improve their viability and to recover their investment
in their vehicles over a longer period.
The last point is particularly
relevant to dual capacity wheelchair-accessible taxis where the investment in
the vehicle is higher than that for a standard taxi or a single
wheelchair-accessible taxi.
Taxis undergo an annual vehicle safety
inspection and random road-side inspections are also carried out.
• First registration of vehicles as taxis
Under existing
section 32B, a vehicle that is not to be used as a wheelchair-accessible
taxi (‘a standard taxi’) cannot be registered for the first time as
a taxi if it is 4 years old or older and a vehicle cannot be registered for the
first time as a wheelchair-accessible taxi if the vehicle is 2 years old or
older. New section 32B increases these limits to 6 years (whether the vehicle
is a standard taxi or a wheelchair-accessible taxi).
• Renewal of registration of vehicles as taxis
Under existing section 32B, a vehicle cannot be registered as a taxi (whether as a standard taxi or wheelchair-accessible taxi) if the vehicle has been used as a taxi for 8 years or more. New section 32B changes the requirements in relation to wheelchair-accessible taxis, but not standard taxis, as follows—
• for a single capacity wheelchair-accessible taxi: the vehicle must
not have been used as a taxi for 8 years or more and the vehicle must not be
older than 10 years; and
• for a dual capacity wheelchair-accessible
taxi: the vehicle must not have been used as a taxi for 10 years or more and the
vehicle must not be older than 12 years.
• Measuring age of taxis
Existing section 32B (3) provides
that the age of a vehicle is measured from 6 months
after the day a
compliance plate was fitted to the vehicle. As the day on which a compliance
plate is fitted not readily ascertainable, new section 32 (5) provides that the
age of a vehicle is measured from 6 months after the end of the month shown on
the vehicle’s compliance plate.
• Consequential amendments
New section 32B includes new
definitions of single capacity and dual capacity wheelchair-accessible taxi and
standard taxi.
Schedule 1, amendments 1.29 to 1.32 update the cross references to particular subsections of section 32B of the Road Transport (Vehicle Registration) Regulation 1999 in the following provisions of the Road Transport (Public Passenger Services) Regulation 2000:
• section 83A (Transferable leased taxi licences—decision on application);
• section 83C (Non-transferable leased taxi licences—decision on application);
• section 83E (Wheelchair-accessible taxi licences—decision on
application); and
• section 84B (Restricted taxi
licences—decision on application for renewal).
Legislation repealed
Clause 49 repeals a number of expired
notifiable and disallowable instruments made under the road transport
legislation.
Miscellaneous amendments
• Road Transport (Driver Licensing) Regulation 2000
Schedule 1, amendment 1.4 corrects minor errors in notes 1 and 2
to section 37A (3). The section deals with provisional car licences but
the notes incorrectly refer to ‘provisional motorcycle
licence’.
Schedule 1, amendments 1.5 and 1.8 insert
explanatory notes under section 48 (1) (a) and section 62 (3) (c)
which refer to other relevant provisions of the regulation to assist
users.
Schedule 1, amendments 1.6 and 1.14 correct references to
an ‘authorised officer’ in sections 59 and 100 to ‘authorised
person’. Under section 19 of the Road Transport (General) Act 1999
the road transport authority may appoint a person as an authorised person for
the road transport legislation.
Schedule 1, amendment 1.13 omits
from section 94A (5) definitions of 2 terms that are no longer used in the
section.
• Road Transport (General) Regulation 2000
Section 17
(2) (b) of the regulation, which is about suspension notices for something
issued by the road transport authority where the payment for the thing is
dishonoured, and section 19 (1) (b), which is about cancellation notices in
relation to dishonoured payments, refer to the road transport authority taking
action that it considers ‘necessary or desirable’ to give effect to
the suspension or cancellation of the relevant thing. Section 18 (b) is about
the revocation of a suspension. It refers to the road transport authority
taking action that it considers ‘necessary’ to give effect to the
revocation of the suspension.
Schedule 1, amendment 1.15 amends
section 18 (b) so that its language is consistent with sections 17 (2) (b) and
19 (1) (b) by adding ‘or desirable’ after
‘necessary’.
• Road Transport (Offences) Regulation 2000
Section 8
(1) (e) of the regulation lists the offences under the Road Transport (Safety
and Traffic Management) Regulation 2000 that are administered by the road
transport authority. The offences are parking related offences.
Schedule 1, amendment 1.17 consequentially updates section 8
(1) (e) to include new offences for the parking of heavy vehicles on residential
land created by the Road Transport Legislation Amendment Regulation 2008
(No 2).
Schedule 1, amendments 1.19 and 1.20 update internal
cross references in section 22.
• Road Transport (Public Passenger Services) Regulation 2002
Schedule 1, amendments 1.27, 1.34, 1.38, 1.40, 1.42 to 1.45 and 1.48
and 1.49 update various provisions of the regulation which refer to the
legislative provision under which the requirement for public passenger vehicle
operators to have public liability insurance for third-party property damage is
imposed. Prior to the commencement of the Road Transport (Third-Party
Insurance) Act 2008 the requirement was in the Road Transport (General)
Act 1999. With the commencement of the third-party insurance legislation
the requirement was moved to part 8A of the Road Transport (Public Passenger
Services) Act 2001.
Schedule 1, amendments 1.28, 1.35 to 1.37,
1.39 and 1.41 update the headings to various sections of the regulation.
The sections provide for particular exemptions from provisions of the Act or for
the road transport authority to exempt a person from a requirement of the
regulation. The section headings refer to section 85 of the Act as being the
source of the power. Amendments of the Act have resulted in the power to exempt
being moved to section 128 of the Act. The relevant section headings in the
regulation are updated to refer to section 128 of the Act.
Schedule
1, amendment 1.1.46 similarly updates a reference to a section heading in
the dictionary definition of ‘authorised fixed-fare
hiring’.
Schedule 1, amendment 1.33 adds a penalty provision
for 10 penalty units to the offence at section 99 (2) to correct an oversight.
A penalty provision was not included in the section when an updated section 99
was substituted by the Road Transport Legislation Amendment Regulation 2005
(No 1). The offence under the substituted section is substantively the same
as the offence under the former section which had a penalty of 10 penalty
units.
• Road Transport (Vehicle Registration) Regulation 2000
Schedule 1, amendments 1.50 and 1.53 update cross references to
section 84 consequent on the omission of section 84 (2) by amendment
1.52.
Schedule 1, amendment 1.51 updates section 26 consequent on
the compulsory third-party insurance provisions for motor vehicles being omitted
from the Road Transport (General) Act 1999 and enacted in the Road
Transport (Third-Party Insurance) Act 2008. Section 26 sets out the
requirements for the unconditional registration of a motor
vehicle.
Schedule 1, amendment 1.52 omits section 84 (2) which
relates to the suspension by the road transport authority of the registration of
a motor vehicle on a request being made under section 168 of the Road
Transport (General) Act 1999 by a third-party insurer if payment for the
insurance is not honoured. There is no equivalent provision in the Road
Transport (Third-Party Insurance) Act 2008 or regulations made under it.
However, under part 5 of the Road Transport (General) Regulation 2000 the
road transport authority may suspend or cancel a vehicle’s registration if
a fee, charge or other amount payable in relation to the issue of a compulsory
third-party policy is dishonoured (see section 16 (1) (d)).
Accordingly, section 84 (2) is redundant and is omitted.
Schedule 1,
amendment 1.54 substitutes a division heading in the vehicle standards which
are in schedule 1. The existing heading refers to additional requirements for
taxis whereas the requirements relate to all public passenger vehicles. The
substituted heading refers to public passenger vehicles.