After section 23K of the Principal Act , the following Part is inserted:

PART 4B - Wheelchair-Accessible Taxi Licences

23L.     Interpretation of Part 4B

In this Part –

motor vehicle means a motor vehicle within the meaning of the Vehicle and Traffic Act 1999 ;

registered means registered under the Vehicle and Traffic Act 1999 ;

small passenger vehicle means a motor vehicle with a seating capacity of less than 13 adults, including the driver, that is designed and constructed primarily for the carriage of passengers;

WAT licence means a wheelchair-accessible taxi licence;

wheelchair-accessible taxi means a small passenger vehicle –

(a) in respect of which a licence issued under this Part is in force; and

(b) which is in accordance with Schedule 6 .

23M.     Wheelchair-accessible taxi licences

(1)  The Commission may issue persons with licences, called wheelchair-accessible taxi licences, in respect of small passenger vehicles.

(2)  A WAT licence authorises the small passenger vehicle specified in the licence to ply or stand for hire within, to or from a public street in the taxi area to which the licence relates for the purpose of carrying passengers or parcels in that area.

(3)  A WAT licence does not prevent the vehicle specified in the licence from being used for private purposes and any other purposes authorised by virtue of its registration under the Vehicle and Traffic Act 1999 .

(4)  The holder of a WAT licence must not lease that licence to another person.

Penalty:  Fine not exceeding 10 penalty units.

23N.     Number of WAT licences to be made available

(1)  The initial numbers of WAT licences to be made available are specified in Schedule 7 .

(2)  The Commission is to make available WAT licences in addition to those shown in Schedule 7 if –

(a) after the initial release of WAT licences the Commission is satisfied that the response times for wheelchair-accessible taxis are not at least equivalent to the response times for perpetual taxis in a particular taxi area; or

(b) application is made to the Commission for a WAT licence to be issued in a taxi area not specified in Schedule 7 .

(3)  If not all the licences specified in Schedule 7 are allocated within the period specified in that Schedule, the Commission is to make the unallocated licences available again after the expiration of the period.

23O.     Application for wheelchair-accessible taxi licence

(1)  A person may apply to the Commission for a WAT licence.

(2)  An application is to be –

(a) lodged with the Commission; and

(b) made on a form that the Commission has provided or approved for the purpose; and

(c) accompanied by the prescribed fee; and

(d) supported by such information or evidence as the Commission requires.

23P.     Issue and commencement of licences

(1)  The Commission is to issue an applicant with a WAT licence in respect of a motor vehicle if the Commission –

(a) is satisfied that the vehicle is a registered small passenger vehicle; and

(b) determines that the vehicle meets prescribed specifications as a suitable motor vehicle for operation as a wheelchair-accessible taxi.

(2)  The licence may be issued on such conditions as the Commission determines, having regard to the objects of this Act in respect of wheelchair-accessible taxi services, including conditions relating to –

(a) the area in which the vehicle may operate as a wheelchair-accessible taxi; and

(b) the availability of the vehicle to wheelchair-reliant persons; and

(c) the condition or standard of the vehicle.

(3)  A WAT licence takes effect on the day on which it is issued and, unless forfeited or surrendered in accordance with this Part, it –

(a) remains in force for a period of 10 years from that day; and

(b) is renewable, at the discretion of the Commission.

(4)  A new or renewed WAT licence is to be issued for a prescribed fee determined by the Commission.

(5)  A WAT licence may be surrendered to the Commission at any time.

(6)  The Commission may, on payment of a prescribed fee, issue a licensee with a replacement for a WAT licence that has been lost or destroyed or been damaged to an extent that renders it unsuitable for the purposes of this Part.

23Q.     Variation of WAT licence conditions

(1)  The Commission may vary the conditions of a WAT licence in accordance with this section.

(2)  The Commission must –

(a) give the licensee notice in writing of its intention to vary the licence conditions; and

(b) give the licensee a reasonable opportunity to make representations to the Commission regarding the proposed variations; and

(c) take any such representations into account in exercising its power under this section.

23R.     Passenger quotas

The Commission may impose such conditions on a WAT licence, in respect of the minimum number of wheelchair-reliant passengers carried under that licence, as the Commission considers necessary or desirable to improve the response times for wheelchair-accessible taxis.

23S.     Transfer of WAT licences

(1)  The holder of a WAT licence may at any time apply as prescribed to the Commission to do either or both of the following:

(a) have the licence transferred, temporarily or for the remaining life of that licence, to another person;

(b) have the licence apply, temporarily or for the remaining life of that licence, to another motor vehicle.

(2)  The Commission is to approve the application if the Commission –

(a) is satisfied that the motor vehicle to which the licence is to relate is a registered small passenger vehicle; and

(b) determines, in accordance with Schedule 6 , that the vehicle meets the requirements for a wheelchair-accessible taxi; and

(c) is satisfied, in a case to which subsection (1)(b) applies where the applicant is not the registered operator of the other vehicle, that the application is authorised by the registered operator of that vehicle.

23T.     Cancellation and suspension of WAT licences

(1)  The Commission, in prescribed circumstances, may suspend a WAT licence for a period not exceeding 3 months.

(2)  The Commission, in prescribed circumstances, may cancel a WAT licence.

23U.     Delivering up of WAT licences

A person who holds a WAT licence must, if given notice to do so by the Commission, deliver up that licence to the Commission at such time and place as the Commission by the notice specifies.

Penalty:  Fine not exceeding 10 penalty units.

23V.     General offences

(1)  A person who holds a WAT licence must not contravene or fail to comply with the conditions of the licence.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person who does not hold a WAT licence must not hold himself or herself out to be the holder of such a licence.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not make a false or misleading statement to the Commission, or produce a false or misleading document to the Commission, in connection with an application or any other matter under this Part.

Penalty:  Fine not exceeding 20 penalty units.