Victorian Numbered Regulations

TRANSPORT (TAXI-CABS) (AMENDMENT) REGULATIONS 2008 (SR NO 74 OF 2008) - REG 10

r. 10

For regulation 41 of the Principal Regulations substitute —

        "     41     Capacity to pay

    (1)     Before a hiring (other than a prepayment hiring) starts or at any time during the hiring, the driver of a taxi-cab may give the hirer an estimate of the fare for the hiring.

    (2)     Before a prepayment hiring starts, the driver of a taxi-cab must give the hirer an estimate of the fare for the hiring.

    (3)     If the driver of a taxi-cab has given the hirer of the taxi-cab an estimate of the fare in accordance with subregulation (1) or (2), the driver may, before the hiring starts or at any time during the hiring, ask the hirer to demonstrate that the hirer is able to pay the amount of the estimate.

    (4)     If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (1), the driver may, before the hiring starts or at any time during the hiring, require the hirer to pay a deposit of up to the amount of the estimate.

    (5)     If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (2), the hirer must, before the hiring starts, pay to the driver a deposit equal to the amount of the estimate unless the driver waives payment of the deposit under subregulation (6).

    (6)     The driver of a taxi-cab may waive payment of a deposit under subregulation (5) if the driver is reasonably satisfied that the hirer is able to pay the amount of the estimate of the fare.

    (7)     The driver of a taxi-cab may refuse to carry, or to continue to carry, (as the case requires) a hirer and any person accompanying the hirer if the hirer—

        (a)     does not demonstrate to the driver's reasonable satisfaction that the hirer is able to pay the amount of the estimate of the fare for the hiring; or

        (b)     does not pay a deposit required under subregulation (4) or (5).

    (8)     The driver of a taxi-cab must give the hirer a receipt for the deposit if asked to do so by a hirer who has paid a deposit required under subregulation (4) or (5).

Penalty:     5 penalty units.

    (9)     If a hirer has paid a deposit in accordance with subregulation (4) or (5), on the termination of hiring the driver of the taxi-cab must—

        (a)     if the amount of deposit is less than the fare and additional charges for the hiring, deduct that amount from the amount to be paid by the hirer; or

        (b)     if the amount of the deposit exceeds the fare and additional charges for the hiring, repay to the hirer the amount in excess of the fare and additional charges.

Penalty:     10 penalty units

    (10)     In this regulation—

"deposit" means an amount paid as security against the payment in full of the fare and any additional charges for a hiring in accordance with regulation 43;

"prepayment hiring" means a hiring starting between the hours of 10.00 p.m. and 5.00 a.m.".