Northern Territory Numbered Regulations

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COMMERCIAL PASSENGER VEHICLE LEGISLATION AMENDMENT REGULATIONS 2016 (NO 33 OF 2016) - SCHEDULE 1

Schedule 1     Infringement offences

                    regulation 2(2), definition column

(2)     Schedule 1

omit

TAXI REGULATIONS

insert

TAXIS REGULATIONS

(3)     Schedule 1

insert (in numerical order)

17C.

regulation 11A(3)

Failing to give the hirer a receipt for the deposit

2

17D.

regulation 11A(5)

Failing to refund to the hirer the excess paid for the hiring

2

17E.

regulation 11A(6)

Failing to pay to the taxi driver the balance outstanding for the hiring

2

17F.

regulation 11A(7)

Requiring payment of a deposit from a hirer using a smartcard

2

(4)     Schedule 1, item 22

omit

(5)     Schedule 1, after item 82

insert

COMMERCIAL PASSENGER (MISCELLANEOUS) REGULATIONS

83.

regulation 8(2)

Using a payment terminal that applies a fee in excess of 5% of the fare

For an individual – 2

For a body corporate – 10

84.

regulation 8(3)

Permitting the use of a payment terminal that applies a fee in excess of 5% of the fare

For an individual – 2

For a body corporate – 10

85.

regulation 8(4)

Imposing a fee for the use of a payment terminal in excess of 5% of a fare

For an individual – 2

For a body corporate – 10

Part 3     Amendment of Motor Omnibus Regulations

10     Regulations amended

This Part amends the Motor Omnibus Regulations.

11     Regulation 3 amended

Regulation 3

omit

10,

12     Regulation 10 repealed

Regulation 10

repeal

Part 4     Amendment of Motor Vehicle (Hire Car) Regulations

13     Regulations amended

This Part amends the Motor Vehicle (Hire Car) Regulations .

14     Regulation 4 amended

(1)     Regulation 4(1)

omit

, unless the contrary intention appears

(2)     Regulation 4(1), definition fare card

omit

(3)     Regulation 4(1)

insert (in alphabetical order)

"taxi fare pre-payment scheme", see regulation 3(1) of the Taxis Regulations .

15     Regulation 28 replaced

Regulation 28

repeal, insert

28     Taxi driver bound to accept hiring in certain cases

    (1)     Subject to regulation 16, the driver of a taxi must:

(a)     if the taxi is standing at a place on a public street, unless engaged for hire, accept a hiring from a person on the request of the person; and

(b)     if the driver solicits a hiring while at any other place, accept the hiring immediately when offered.

    (2)     However, subregulation (1) does not apply if the driver is entitled to refuse the hiring under the taxi fare pre-payment scheme.

16     Regulation 39 amended

Regulation 39(1)

omit, insert

    (1)     The hirer of a taxi must, after the termination of the hiring or otherwise in accordance with these Regulations and upon demand by the driver of the taxi, pay for the journey:

(a)     the fare chargeable in accordance with these Regulations; or

(b)     if a deposit was paid under the taxi fare pre-payment scheme but the fare chargeable exceeds the deposit – the balance outstanding for the journey; or

(c)     such lesser amount as may be agreed upon between the driver and hirer.

17     Regulation 41 amended

After regulation 41(1)

insert

    (1A)     However, subregulation (1) does not apply in relation to a request for payment of a deposit under the taxi fare pre-payment scheme.

18     Regulation 44 repealed

Regulation 44

repeal

Part 5     Amendment of Passenger Bus Regulations

19     Regulations amended

This Part amends the Passenger Bus Regulations .

20     Regulation 7 replaced

Regulation 7

repeal, insert

7     Fares, timetables and notices

    (1)     The operator of a bus who provides a route service must make available to the Director, or any other person, on request the following information:

(a)     each route along which the bus is operated;

(b)     the bus stops along each route;

(c)     the approximate times at which a bus will be available along each route;

(d)     the fares payable by passengers;

(e)     the class of bus provided for the route service.

    (2)     The operator of a bus must amend any timetable issued for subregulation (1) whenever requested to do so by the Director.

    (3)     The operator of a bus must paint in legible letters or display, in the manner the Director sees fit, in a conspicuous place on the inside and outside of the bus the particulars that the Director requires as to any of the following:

(a)     the timetable for the bus;

(b)     the fares payable by passengers;

(c)     the route of the bus;

(d)     the places or areas at or within which passengers may not be taken up or set down.

Part 6     Amendment of Taxis Regulations

21     Regulations amended

This Part amends the Taxis Regulations .

22     Regulation 3 amended

(1)     Regulation 3(1), definition lift incentive

omit

(2)     Regulation 3(1)

insert (in alphabetical order)

"Northern Territory Taxi Subsidy Scheme" means the Northern Territory Government scheme that provides for financial assistance (using an electronic smartcard) to be given to residents who have been assessed as having a disability or significant mobility restriction that prevents them from being able to travel on public transport.

"taxi fare pre-payment scheme" means the scheme set out in regulation 11A.

23     Regulation 3A amended

After regulation 3A(2)(a)

insert

(ab)     payment by a smartcard issued under the Northern Territory Taxi Subsidy Scheme or other means of electronic payment; or

24     Regulation 11A inserted

After regulation 11

insert

11A     Taxi fare pre-payment scheme

    (1)     Despite regulation 11, this regulation applies to the hiring of a taxi, other than the hiring of a taxi from an airport, that starts:

(a)     between 10 pm on Friday and 5 am on Saturday; or

(b)     between 10 pm on Saturday and 5 am on Sunday.

    (2)     The taxi driver may, before the journey starts, require the hirer to pay a deposit of not more than an amount equal to the estimate of the fare for the proposed hiring determined using a pre-payment scheme fare schedule approved by the Director.

    (3)     If a deposit is paid, the taxi driver must, on the request of the hirer, give the hirer a receipt for the deposit.

Maximum penalty:     25 penalty units.

    (4)     Subregulations (5) and (6) apply at the end of, or on termination of, the hiring if a deposit has been paid.

    (5)     If the total of the fare and any charges payable for the hiring is less than the deposit paid, the taxi driver must refund the excess paid for the hiring to the hirer.

Maximum penalty:     25 penalty units.

    (6)     If the total of the fare and any charges payable for the hiring is more than the deposit paid, the hirer must pay the balance outstanding for the hiring to the taxi driver on demand by the driver.

Maximum penalty:     25 penalty units.

    (7)     A taxi driver must not require payment of a deposit from a hirer if payment of the fare for the hiring is to be made using a smartcard issued under the Northern Territory Taxi Subsidy Scheme.

Maximum penalty:     25 penalty units.

    (8)     A taxi driver may refuse a hiring if a person refuses to pay a deposit in accordance with this regulation.

25     Regulation 13 amended

(1)     Regulation 13, heading

omit

, children

(2)     Regulation 13(1)

omit

    (1)

(3)     Regulation 13(2)

omit

26     Regulation 16 amended

(1)     Regulation 16(4), after "fare payable"

insert

, or balance of the fare payable,

(2)     Regulation 16(5) and (6)

omit

Part 7     Expiry of Regulations

27     Expiry of Regulations

These Regulations expire on the day after they commence.



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