Div 1General passenger services

Division 1—General passenger services 12—Operators—eligibility (1) A person is not eligible to be granted an accreditation under Part 4 Division 1 of the Act unless the Minister is satisfied— (a) that the person or, in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate, is of good repute and in all other respects fit and proper to be responsible for the operation of a passenger transport service under the accreditation; and (b) that the person has the capacity to meet standards determined by the Minister relating to— (i) the ability to provide passenger transport services; and (ii) safety of passengers and the public; and (iii) service to passengers; and (iv) vehicles and equipment (including their design, service, maintenance and condition), to the degree and in the manner required in respect of services of the relevant kind; and (c) that the person has attained the age of 18 years or, in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate has attained the age of 18 years. (2) The Minister may require a person or, in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate, who applies for an accreditation under Part 4 Division 1 of the Act to consent to the Minister obtaining a criminal history check relating to the person. 13—Conditions (1) Pursuant to section 31(1)(b)(ii) of the Act, the following conditions are prescribed in relation to an accreditation under Part 4 Division 1 of the Act: (a) a condition that the accredited person must, within 7 days, inform the Minister of action to bankrupt the person or to declare the person insolvent, or of proceedings by the person to take the benefit (as debtor) of a law relating to bankruptcy or insolvent debtors or, in the case of a body corporate, of action to windup the body corporate or to place the body corporate under official management or in receivership; (b) a condition that the accredited person must, within 7 days, inform the Minister— (i) of a change in the person's name or residential address or, in the case of a body corporate, of a change in the name of the body corporate, or in the registered office or principal office of the body corporate; or (ii) of a change in the person's business name or trading name; or (iii) in the case of a body corporate, of a change in a director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate; (c) a condition that the accredited person must, within 7 days, inform the Minister of a change— (d) a condition that the accredited person must, within 2 business days, inform the Minister— (e) a condition that the accredited person will provide to a customer or potential customer, on request, a copy of the code of practice that applies to the accredited person; (f) a condition that the accredited person will ensure that a vehicle used for the purposes of the service is not driven in contravention of Part 4 Division 2 of the Act (relating to the accreditation of drivers) (although this condition does not apply if the accredited person is operating a community transportation service and the driver is a volunteer driver who does not hold an accreditation by virtue of regulation 8(4)(b)); (g) a condition that the accredited person will, if operating a taxi service (other than a country taxi service)— (i) participate in a centralised booking service that provides a booking service complying with the standards prescribed by regulation 19(2)(a); and (ii) ensure that every taxi is provided with a fleet safety support service that complies with the standards prescribed by regulation 19(2)(b) (whether provided by a centralised booking service in which the accredited person participates, or by a person or body approved by the Minister); and (iii) for the purposes of subparagraphs (i) and (ii)— (A) ensure that while the driver of a taxi used to provide the service is in the taxi, the driver is able to log onto and out of a computerised telecommunications system connecting the taxi and the central control station for the booking service used by the accredited person; and (B) ensure that every taxi is provided with equipment, approved by the Minister, by which a global positioning system may operate connecting the taxi and the central control station; and (C) ensure that any equipment used in the taxi for the operation of the computerised telecommunications system or the global positioning system connecting the taxi and the central control station is maintained in proper working order at all times that the taxi is plying for hire; (h) a condition that the accredited person must, within 7 days, inform the Minister of the introduction of a vehicle to the service, or of the withdrawal of a vehicle from the service; (i) a condition that a vehicle used for the purposes of the service has a current certificate of inspection (unless a certificate is not required because of an exemption under section 54 of the Act) or, if a certificate of inspection is required under Part 4A of the Road Traffic Act 1961, a current certificate of inspection under that Act; (j) a condition that a vehicle used for the purposes of the service displays, in a manner determined by the Minister— (A) the name of the accredited person (or of a business or trading name approved by the Minister); or (B) the name of the centralised booking service or booking office used by the accredited person to take bookings for the service, unless the vehicle is a taxi or is used to provide a regular passenger service; (k) a condition that the accredited person will ensure that the following information is maintained in a manner and form determined by the Minister, and in such detail as the Minister may require: (i) except for a regular passenger service or taxi service—details of each hiring, including the vehicle used to provide the service, the name and contact information of the person who engaged the accredited person, a general description of the service that was provided, and the amount received for the service; (ii) for a chauffeured vehicle service—the distance travelled in connection with each hiring (including travelling to and from a hiring); (iii) for a regular passenger service—details of each trip undertaken by a vehicle used for the purposes of the service; (iv) for a taxi service—in respect of each taxi, a work sheet for each day that the taxi is used for the purposes of the service; (v) the registration number, make and model of each vehicle used for the purposes of the service; (vi) the names and address of each person employed or engaged by the accredited person to drive a vehicle for the purposes of the service, and the dates and times at which the person drives a vehicle; (vii) if a vehicle used for the purposes of the service is involved in an accident—the date, time and place of the accident, the circumstances of the accident, particulars of injury to a person or to property, particulars of damage to the vehicle, and the name and identification number of the driver; (viii) details of maintenance or repair work carried out on each vehicle, and of any work involving the conversion or rebuilding of a vehicle; (l) in the case of an accreditation for a taxi service other than a country taxi service—a condition that the accredited person must, when the person provides a taxi service, be a member of a centralised booking service (unless the person is within the ambit of Schedule 4 clause 9 of the Act); (m) in the case of an accreditation for a taxi service other than a country taxi service (unless the accredited person is within the ambit of Schedule 4 clause 9 of the Act)—a condition that the accredited person must not terminate their membership of a centralised booking service unless or until— (i) all amounts due and payable by the accredited person to the centralised booking service have been paid; and (ii) any signs or other equipment that the accredited person is required to return to the centralised booking service on a termination of membership have been so returned; (n) except for an accreditation for a taxi service (including a taxi service operated outside Metropolitan Adelaide) or a regular passenger service, or as specifically authorised under these regulations or by the Minister— (i) a condition that a vehicle must not be used to carry passengers for the purposes of the service except under a pre‑arranged hiring resulting from a request by the hirer directed to a booking office approved by the Minister and specified in the accreditation or otherwise recorded in a manner determined by the Minister; and (ii) a condition that a vehicle used to carry passengers for the purposes of the service must not have a sign fitted to its roof; and (iii) a condition that any sign fitted to the outside of a vehicle, or fitted or displayed in or from the inside of a vehicle, used to carry passengers for the purposes of the service must conform with any requirements determined by the Minister for the purposes of this provision; and (iv) a condition that the accredited person must not advertise or list their service in a public directory under a heading or listing that uses the word "TAXI"; (o) in the case of a Small Passenger Vehicle (Traditional) Accreditation— (i) a condition that a vehicle used for the purposes of the service must be either— (A) a vehicle that— • is capable of seating at least 4 average‑sized adults comfortably plus the driver; and • in the case of a sedan or wagon—has at least 4 doors; and • in the case of a vehicle with an internal combustion engine (including a hybrid‑electric vehicle)—has an engine capacity of 4 cylinders or more; or (B) a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of this subparagraph; and (ii) a condition that a vehicle used for the purposes of the service must not travel more than 40 000 kilometres during any prescribed period; and (iii) a condition that a vehicle used for the purposes of the service must not have travelled more than 320 000 kilometres in total; and (iv) a condition that a vehicle used for the purposes of the service must not be used to provide a service other than a service operated under a restricted plan of operation approved by the Minister; (p) in the case of a vehicle used for the purposes of a Small Passenger Vehicle (Metropolitan) Accreditation, a condition that a vehicle used for the purposes of the service must be— (i) a vehicle that— (A) is capable of seating at least 4 average‑sized adults comfortably plus the driver; and (B) in the case of a sedan or wagon—has at least 4 doors; and (C) in the case of a vehicle with an internal combustion engine (including a hybrid‑electric vehicle)—has an engine capacity of 4 cylinders or more; or (ii) a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of this paragraph; (q) in the case of a Small Passenger Vehicle (Special Purpose) Accreditation— (i) a condition that a vehicle used for the purposes of the service must be a vehicle that has been specifically approved by the Minister for the purposes of that particular service; and (ii) a condition that a vehicle used for the purposes of the service must not travel more than 40 000 kilometres during any prescribed period; and (iii) a condition that a vehicle used for the purposes of the service must not have travelled more than 320 000 kilometres in total; and (iv) a condition that a vehicle must not be used to provide a service other than a service operated under a restricted plan of operation approved by the Minister; (r) in the case of a Small Passenger Vehicle (Non‑Metropolitan) Accreditation—a condition that a vehicle used for the purposes of the service must be— (i) a vehicle that has an engine capacity of 6 cylinders or more and is capable of seating at least 4 average‑sized adults comfortably plus the driver; or (ii) a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of this paragraph; (s) in the case of a Country Taxi Accreditation— (i) a condition that a vehicle used for the purposes of the service must be— (A) a vehicle that is capable of seating at least 4 average‑sized adults comfortably plus the driver; or (B) a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of a country taxi service; and (ii) a condition that the accredited person— (A) must have in place a country taxi service plan for the country taxi service that complies with requirements determined by the Minister and is approved by the Minister before the commencement of the service; and (B) must operate the service in accordance with the approved country taxi service plan for the service, (and the country taxi service plan may be altered from time to time with the approval of the Minister); (t) except for an accreditation for a taxi service or a regular passenger service—a condition that the accredited person— (i) must have in place a plan of operation for the relevant service that complies with requirements determined by the Minister and is approved by the Minister before the commencement of the service; and (ii) must operate the service in accordance with that plan of operation, (and the plan may be altered from time to time with the approval of the Minister); (u) if required by the Minister—a condition that the accredited person has successfully completed a course recognised by the Minister for the purposes of this regulation; (v) except for an accreditation for a regular passenger service—a condition that the following policies of insurance issued by an insurance company incorporated in Australia must be in force: (i) a policy of public liability insurance indemnifying the accredited person and any authorised driver in an amount of at least $5 000 000 in relation to death or bodily injury caused by, or arising out of, the use of a vehicle for the purposes of the service; and (ii) a policy of insurance indemnifying the accredited person and any authorised driver in relation to damage to property caused by, or arising out of the use of, the vehicle for the purposes of the service; (w) except for a person who is a member of a centralised booking service—a condition that the accredited person must have in place arrangements to deal with lost property; (x) a condition that the accredited person will ensure that the public is provided with a service that is adequate and appropriate for an accreditation of the relevant kind, and that the accredited person will comply with a direction of the Minister concerning the provision of a service under the accreditation; (y) a condition that if the accredited person is operating a community transportation service and engages a volunteer driver who does not hold an accreditation under section 28 of the Act by virtue of regulation 8(4)(b) to drive for the purposes of the service then the accredited person must ensure (through the implementation of appropriate assessment procedures and on an on‑going basis) that the volunteer driver is of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle. (2) In subregulation (1)(o) and (q)— prescribed period, in relation to a vehicle used for the purposes of a service, means any period of 12 months from any day on which the vehicle has been inspected under section 54 of the Act for the purposes of its use in the service. (3) A person who is required to provide information to the Minister under this regulation must provide the information in a manner and form determined by the Minister. (4) An accredited person must, on the request of a driver, provide the driver with a copy of a work sheet that has been filled in by the driver. (5) An authorised officer may, at any reasonable time, in order to ensure that the requirements of this regulation are being met— (a) require a person to produce documents; and (b) examine, copy or take extracts from a document so produced. (6) An accredited person must comply with a requirement of an authorised officer under subregulation (5) unless to do so— (a) might tend to incriminate the person or make the person liable to a penalty; or (b) would breach legal professional privilege. 14—Periodical fees and returns (1) Pursuant to section 33(1) of the Act— (a) each period of 12 months falling on the anniversary of the day on which the accreditation was granted is a prescribed period for an accreditation under Part 4 Division 1 of the Act; and (b) the relevant day is 14 days after the end of each prescribed period. (2) Pursuant to section 33(1)(a) of the Act, the following information is prescribed: (a) the person's current name and address; (b) in the case of a body corporate—the name and address of each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate; (c) in relation to each vehicle used for the purposes of the service during the prescribed period—the registration number, make and seating capacity; (d) other information determined by the Minister. (3) The Minister may require that information contained in a return be verified by statutory declaration.