Part 3Taxis

Part 3—Taxis Division 1—Taxi licences 33—Exceptions to sections 45 and 52 of Act (1) Section 45(1)(a) of the Act does not apply in relation to the operation of a country taxi service by means of a vehicle that displays the word "TAXI" or that word in combination with the word "COUNTRY". (2) Section 45(1)(b) of the Act does not apply in relation to a vehicle plying for hire or standing at a designated taxi‑stand within the country taxi service area in which the vehicle may be used for the purposes of a country taxi service. (3) For the purposes of section 45(1)(c) of the Act, a person who does not hold a taxi licence for a vehicle may cause or permit the vehicle to ply for hire in a public street, road or place if— (a) the vehicle is being used for the purposes of a country taxi service; and (b) the street, road or place is within the country taxi service area in which the vehicle may be used for the purposes of a country taxi service. (4) For the purposes of section 45(1)(c) of the Act, a person who does not hold a taxi licence for a vehicle may cause or permit the vehicle to ply for hire in a public street, road or place if— (a) the person holds an accreditation under Part 4 of the Act; and (b) the vehicle is being used for the purposes of a service operated under the accreditation; and (c) the vehicle is plying for hire— (i) between midnight on the Monday preceding the commencement of a declared period within the meaning of the South Australian Motor Sport Act 1984 and midnight on the Thursday following the end of that declared period; or (ii) between 10 pm on 31 December of any year and 10 am on 1 January of the following year. (5) For the purposes of 45(1)(d) of the Act, a person who does not hold a taxi licence for a vehicle fitted with a taxi‑meter may operate a country taxi service by means of the vehicle. (6) Section 52(1) of the Act does not apply to— (a) the operator of— (i) a centralised booking service for taxis; or (ii) a booking service for taxis operating outside Metropolitan Adelaide; or (b) the operator of a country taxi service; or (c) an employee or agent of a person referred to in paragraph (a) or (b). 34—Suitability of vehicle An applicant for a taxi licence must satisfy the Minister that the vehicle in respect of which the licence is sought— (a) has an engine capacity of 4 cylinders or more; and (b) is capable of seating at least 4 average‑sized adults comfortably plus the driver; and (c) in the case of a sedan or wagon—has at least 4 doors; and (d) complies with these regulations and any requirement determined by the Minister; and (e) is suitable for use as a taxi under a licence of the kind or grade applied for; and (f) is in good order. 35—Prescribed kinds or grades of licences (1) Pursuant to section 47(5) of the Act, the following kinds or grades of taxi licence are prescribed: (a) general taxi licences; (c) special vehicle licences. (3) A special vehicle licence is a licence for a taxi that— (a) is suitable to carry persons who use wheelchairs, scooters or other large (ride‑on) mobility aids; and (b) is determined by the Minister to be a special vehicle licence under these regulations. 36—Conditions of licences Pursuant to section 45(5) of the Act, a taxi licence is subject to the following conditions: (a) a condition that the holder of the licence must remain an accredited person of an appropriate kind; (b) a condition that the holder of the licence must remain a fit and proper person to hold a taxi licence; (c) a condition that the licence relates only to 1 vehicle. 38—Licences may be held jointly (1) A taxi licence may, if the Minister thinks fit, be issued to more than 1 person on joint application. (2) If a taxi licence is jointly held, service of a notice on 1 of the holders of the licence will be regarded as service on all the holders of the licence. 39—Particulars in licence A taxi licence must specify the conditions (if any) imposed by the Minister in relation to the licence under section 45 of the Act. 40—Duty to notify Minister of changes in information The holder of a taxi licence must, within 7 days, inform the Minister of a change— (a) affecting the accuracy of information furnished to the Minister for the purposes of gaining the licence; or (b) affecting the accuracy of particulars specified in the licence. 41—Death or incapacity of licence holder (1) If an individual who is the holder of a taxi licence— (a) dies; or (b) has a physical or mental incapacity that prevents the individual from carrying on the business of operating a taxi service, a person who takes over the management of the business may, with the consent of the Minister, continue to operate a taxi under the licence for a period determined by the Minister. (2) For the purposes of subregulation (1)— (a) a period determined by the Minister must be at least 3 months; and (b) the Minister may, if the Minister thinks fit, extend a period; and (c) the duration for which a person may operate a taxi under subregulation (1) cannot exceed 12 months. 43—Suspension or cancellation of licences (1) For the purposes of section 50(1)(c) of the Act, the following requirements and conditions are prescribed: (a) a requirement that a person who drives the taxi for the purposes of a passenger transport service must be a fit and proper person to be the driver of a taxi; (b) a requirement that the service provided to the public through the use of the taxi must be adequate and appropriate for the kind or grade of licence; (c) a requirement that the taxi must comply with these regulations and any requirement determined by the Minister, remain suitable for use as a taxi under a licence of the kind or grade applied for, and remain in good order; (d) a condition that the holder of the licence must remain eligible under the Act and these regulations to hold a taxi licence. (2) If the Minister decides to suspend or cancel a taxi licence under section 50 of the Act, the Minister must— (a) give the holder of the licence written notice of the proposed course of action (including a brief summary of the matters alleged against them); and (b) allow the holder of the licence a reasonable opportunity to answer or make submissions in relation to the matters alleged against them. (3) The procedures set out in subregulation (2) may be undertaken in conjunction with a process under Part 4 Division 5 of the Act. (4) A notification of a decision of the Minister to suspend or cancel a taxi licence, other than a temporary licence, must include a statement setting out the person's right to appeal against the decision. 44—Duty of licence holder to furnish information (1) The holder of a taxi licence must, if so required by the Minister by notice in writing, furnish to the Minister, or to a person nominated by the Minister for the purpose, within a period specified in the notice, a return in a form determined by the Minister setting out such information as to the operation of a taxi service under the licence, or as to any other matter relevant to the licence, as the Minister, or the nominated person, may require. (2) The Minister may require that information contained in a return under subregulation (1) be verified by statutory declaration. 45—Inquiries by the Minister (1) The holder of a taxi licence must, if so required by the Minister by notice in writing, attend at a specified place before the Minister, or a person appointed by the Minister for the purpose, and there answer such questions as to the licence, and the operation of a taxi service under the licence, the conduct of the person or of any person who may have been driving the taxi, or any other matter, as the Minister or the person so appointed considers necessary for the administration or enforcement of the Act or these regulations. (2) A notice under subregulation (1) must describe the matters to be inquired into and must allow a reasonable interval from the date of service of the notice to the date fixed for attendance. 49—Substitution of vehicle (1) The Minister may, on application by the holder of a taxi licence, consent to the substitution of another vehicle for the taxi to which the licence currently relates. (2) An application for consent must— (a) be made in a manner and form determined by the Minister; and (b) be accompanied by the prescribed fee. Division 2—Vehicles 50—Colour and markings (1) The outside of a taxi must be white in colour. (2) A taxi must be fitted, in a manner determined by the Minister, with side stripes that comply with requirements determined by the Minister for the purposes of this regulation. Division 3—Taxi signs 51—Display of taxi signs by metropolitan taxis (1) For the purposes of section 45(4)(a) of the Act, a vehicle displays the word "TAXI" if— (a) a taxi sign of a type approved by the Minister is fitted to the taxi in a manner approved by the Minister; and (b) the taxi sign is in proper working order. (2) Section 45(4)(a) of the Act does not apply— (a) in the case of a vehicle being used under a pre‑arranged hiring for the conveyance of a bridal party or the conveyance of a person in a funeral procession; or (b) in the case of a vehicle being used while fitted with a damaged or faulty taxi sign if— (i) the driver of the vehicle is not aware that the sign is damaged or faulty, or is completing a journey that commenced before the driver had become aware that the sign was damaged or faulty; or (ii) the vehicle is being driven for a purpose connected with the repair or replacement of the taxi sign, or the driver has been authorised by the holder of the taxi licence for the taxi to drive the taxi for such a purpose. 52—Display of taxi signs by country taxis (1) A vehicle must not be driven for the purposes of a country taxi service in a public street, road or place unless— (a) a taxi sign of a type approved by the Minister is fitted to the vehicle in a manner approved by the Minister; and (b) the taxi sign is in proper working order. (2) Subregulation (1) does not apply while a vehicle is being used under a pre‑arranged hiring for the conveyance of a bridal party or the conveyance of a person in a funeral procession. (3) If a vehicle is driven in contravention of subregulation (1), the operator of the country taxi service is guilty of an offence. Maximum penalty: $4 000. (4) It is a defence to a charge of an offence against subregulation (3) for the defendant to prove— (a) that the taxi sign fitted to the taxi at the time of the alleged offence was damaged or faulty; and (b) that the driver— (i) was not aware that the sign was damaged or faulty, or was completing a journey that commenced before the driver became aware that the sign was damaged or faulty; or (ii) was driving the taxi for a purpose connected with the repair or replacement of the sign, or had been authorised by the defendant to drive the taxi for such a purpose. 53—Requirement for taxi sign to indicate when taxi not available for hire (1) A person other than an accredited taxi driver must not drive a taxi in a public street, road or place unless the taxi sign fitted to the taxi indicates in a manner approved by the Minister that the taxi is not available for hire. (2) An accredited taxi driver must not drive a taxi in a public street, road or place while the taxi is not available for hire unless the taxi sign fitted to the taxi indicates in a manner approved by the Minister that the taxi is not for hire. (3) Subregulation (2) does not apply to a taxi being used under a pre‑arranged hiring for the conveyance of a bridal party or the conveyance of a person in a funeral procession. (4) It is a defence to a charge of an offence against subregulation (1) or (2) for the defendant to prove— (a) that the taxi sign fitted to the taxi at the time of the alleged offence was damaged or faulty; and (b) that the defendant— (i) was not aware that the sign was damaged or faulty, or was completing a journey that commenced before the defendant became aware that the sign was damaged or faulty; or (ii) was driving the taxi for a purpose connected with the repair or replacement of the sign. 54—Return of taxi signs A person to whom a taxi sign has been issued, or who has possession or custody of a taxi sign or a vehicle to which such a sign is fitted must, on request by an authorised officer for the return of the sign, immediately deliver the sign to the authorised officer or the Minister. 55—Unauthorised use of signs (1) A person must not, in a public street, road or place in Metropolitan Adelaide or a country taxi service area, drive a vehicle to which there is fitted a taxi sign, or a sign the same as or closely resembling a taxi sign, unless the sign is fitted to the vehicle with the authority of the Minister. (2) Subregulation (1) does not apply to— (a) a vehicle for which a taxi licence is held; or (b) a vehicle used for the purposes of a country taxi service. 56—Removal of signs (1) If a taxi licence is suspended or cancelled or expires, the holder of the licence must ensure— (a) that any taxi sign on the taxi at the time of suspension, cancellation or expiry is immediately removed from the vehicle; and (b) that a taxi sign is not again fitted to the vehicle unless or until the end of the suspension, or the granting of a new licence in respect of the vehicle. (2) If a person ceases to hold a Country Taxi Accreditation, the person must ensure that any taxi sign on a vehicle that was used for the purposes of a country taxi service operated under that accreditation is immediately removed from the vehicle. 57—Loss or theft of signs (1) If a taxi sign is lost or stolen, the relevant person for the taxi sign must, within 2 business days, give written notice of the loss or theft to the Minister. (2) If a taxi sign, the loss or theft of which has been reported in accordance with subregulation (1) is recovered, the relevant person for the taxi sign must immediately notify the Minister of the recovery. 58—Company signs (1) A person must not drive a metropolitan taxi in a public street, road or place unless a sign or signs of a type approved by the Minister, identifying— (a) the centralised booking service of which the holder of the taxi licence is a member; or (b) if the holder of the taxi licence is a member of more than 1 centralised booking service—1 of those centralised booking services, are fitted to the taxi in a location, and in a manner, approved by the Minister. (2) Subregulation (1) does not apply if the holder of the taxi licence is within the ambit of Schedule 4 clause 9 of the Act. 59—Advertising (1) Advertisements on the outside of a taxi— (a) may only be displayed on— (i) the rear luggage compartment of the vehicle; or (ii) with the approval of the Minister—the rear window of the vehicle; or (iii) in the case of a station sedan or van—the tail gate of the vehicle; and (b) must comply with any standards determined by the Minister. (2) A person must not drive a taxi in a public street, road or place if an advertisement on the outside of the taxi— (a) is displayed other than in accordance with subregulation (1)(a); or (b) does not comply with subregulation (1)(b). (3) Subregulation (2) does not apply in relation to an advertisement displayed on a taxi with the approval of the Minister. Division 4—Taxi‑meters and charges for hiring taxis 60—Requirement for country taxi to have meter A person must not use a vehicle for the purposes of a country taxi service unless the vehicle is fitted with a meter that complies with these regulations. Maximum penalty: $4 000. 61—Requirements relating to meters (1) For the purposes of section 45(4)(c) of the Act and regulation 60— (a) a taxi‑meter must be of a type approved by the Minister; and (b) a taxi‑meter must be fitted to the taxi in a manner determined or approved by an authorised officer; and (c) a taxi‑meter, when fitted, must be in a position where it can be easily read by any person sitting in the taxi (and, if necessary, additional meter displays must be positioned in the taxi to enable this to occur); and (d) a taxi‑meter must be so adjusted that, when the taxi is hired and the meter is activated, the meter will register the fare (including flagfall and any lifting fee or waiting time) not exceeding— (i) in the case of a metropolitan taxi—the rates prescribed by Schedule 2; or (ii) in the case of a country taxi—the rates determined by the Minister; and (e) a taxi‑meter must have been tested by an authorised officer or other person approved by the Minister; and (f) a taxi‑meter must have been sealed by the officer or person conducting the test and the seal must remain intact; and (g) a taxi‑meter must be in proper working order and registering correctly. (2) In testing the accuracy of a taxi‑meter— (a) the test in respect of distance must be made with the meter fitted to the vehicle and operating over a distance of not less than 1 kilometre allowing a tolerance of plus or minus 22.5 metres only; and (b) the test in respect of time must allow a tolerance of plus or minus 3% only. 62—Action required when meter defective If a taxi‑meter fitted to a taxi is not registering correctly or is out of order or the seal affixed to the taxi‑meter is broken, the relevant person for the taxi must ensure— (a) that an authorised officer is immediately notified; and (b) that the taxi is not used to ply for hire until the taxi‑meter has been re‑adjusted, tested by an authorised officer or person approved by the Minister and found to be in proper working order and registering correctly. 63—Compulsory inspection of meters (1) An authorised officer may, by notice in writing to the relevant person for a taxi, require the taxi to be submitted for testing of its taxi‑meter at a time and place specified in the notice. (2) If an authorised officer finds that a taxi for which a taxi licence is held is not fitted with a taxi‑meter as required under these regulations or is fitted with a meter that does not comply with these regulations, the authorised officer may suspend the taxi licence in respect of that taxi until the holder of the licence satisfies an authorised officer that the taxi is fitted with a taxi‑meter that complies with these regulations. (3) If an authorised officer finds that a vehicle used for the purposes of a country taxi service is not fitted with a taxi‑meter as required by these regulations, or is fitted with a meter that does not comply with these regulations, the authorised officer may give the operator of the service written notice that the vehicle must not be used for the purposes of the service until it is fitted with a taxi‑meter that complies with these regulations. 64—Substitution of wheels or alteration of drive train If the wheels are substituted on a taxi that is fitted with a taxi‑meter, or the drive train of such a taxi is altered, the relevant person for the taxi must ensure that the taxi is not used to ply for hire until the taxi‑meter fitted to the taxi has been tested by an authorised officer or person approved by the Minister and the taxi‑meter has been found to be registering correctly. 65—Offences relating to meters (1) A person must not interfere with a taxi‑meter fitted to a taxi, or with a portion of the mechanism operating a taxi‑meter, so as to prevent the proper working of the taxi‑meter. (2) A relevant person for a taxi must ensure that a taxi‑meter fitted to the taxi does not, when activated, apply a tariff for the hiring of the taxi other than a tariff that is allowed for such hiring of such taxi under Schedule 2. 66—Fees for testing of taxi‑meter A taxi may not be accepted for testing of a taxi‑meter fitted to the taxi except on payment of the appropriate fee as from time to time approved by the Minister. 67—Operation of meter by taxi driver (1) The driver of a taxi to which a taxi‑meter is fitted— (a) must activate the taxi‑meter at or after the commencement of a hiring; and (b) must only apply the tariff for the hiring that— (i) is allowed for such hiring under Schedule 2; and (ii) is displayed by the tariff indicator at the commencement of the hiring; and (c) must not charge an amount for the hiring that exceeds the sum of— (i) the amount displayed by the taxi‑meter at the end of the hiring; and (ii) the levy (if any) required to be collected under Schedule 2 of the Act; and (d) must draw the attention of the hirer to the amount displayed by the taxi‑meter before receiving payment for the hiring. (2) Subregulation (1) does not apply in relation to a journey for which the fare may be determined by contract as provided in Schedule 2. 68—Charges for hiring taxis (1) The responsible person for a taxi must ensure that no more than the legal charge is demanded or recovered for the hiring of the taxi. (2) For the purposes of subregulation (1), the responsible person for a taxi is— (a) in the case of a taxi that is hired by means of a centralised booking service—the centralised booking service; or (b) in the case of a taxi that is pre‑hired under a contract between the hirer and the operator of the taxi service—the operator of the taxi service. (3) The driver of a taxi must not demand or recover more than the legal charge for a hiring of the taxi that they are driving. (4) In calculating the legal fare, no charge may be made for a period during which the taxi is delayed— (a) due to shortage of fuel; or (b) by an accident involving the taxi or by the breakdown of, or a defect in, the taxi; or (c) at a random breath testing station or police road block or due to compliance with a requirement of a police officer made in the enforcement of a law governing the duties of drivers; or (d) by a circumstance that the driver could have prevented by reasonable care. (5) The driver of a taxi must accept, in satisfaction of the legal charge for a hiring of the taxi, payment of the amount of the legal charge— (a) by cash; or (b) if applicable, by a SATSS voucher; or (c) subject to subregulation (7), by electronic payment using EFTPOS at an EFTPOS terminal that complies with regulation 69 and is operated in accordance with that regulation; or (d) by another means or technical process determined or approved by the Minister. (6) A person who hires a taxi must, unless otherwise agreed, pay the legal charge to the driver on termination of the hiring— (a) by cash; or (b) if applicable, by a SATSS voucher; or (c) subject to subregulation (7), by electronic payment using EFTPOS at an EFTPOS terminal that complies with regulation 69 and is operated in accordance with that regulation; or (d) by another means or technical process determined or approved by the Minister. (7) If an EFTPOS terminal used for the electronic payment of a charge for the hiring of a taxi is not in proper working order, the driver of the taxi must— (a) advise the person who hires the taxi that the terminal is not in proper working order— (i) as soon as the driver becomes aware that the terminal is not in proper working order; or (ii) if the driver is aware that the terminal is not in proper working order before the commencement of the hiring—at the commencement of the hiring; and (b) accept payment by a manual payment alternative using credit or debit facilities. 69—Payment by electronic means for hiring of taxi (1) The operator of a taxi service must ensure that any EFTPOS terminal that is installed in a taxi by or on behalf of the operator complies with subregulation (5). (2) The driver of a taxi must ensure that any EFTPOS terminal that is installed in the taxi by or on behalf of the driver complies with subregulation (5). (3) The operator of a taxi service must not provide a driver of a taxi with an EFTPOS terminal unless it has been supplied by a service provider approved by the Minister. (4) The driver of a taxi— (a) must not use an EFTPOS terminal for the electronic payment of charges for the hiring of the taxi unless it complies with subregulation (5); and (b) must ensure that the terminal is in proper working order at all times that the taxi is available to ply for hire, except where there is a temporary failure or malfunction of the terminal as a result of the terminal service provider or network and such failure or malfunction is not attributable to the actions of the driver. (5) An EFTPOS terminal for the electronic payment of charges for the hiring of the taxi must— (a) be supplied by a service provider approved by the Minister; and (b) be linked by a cable connection wire or encrypted wireless communication to the taxi; and (c) be programmed with the name, contact details, accreditation number and ABN of the driver of the taxi. (6) The driver of a taxi must provide a receipt to a person who pays a charge for the hiring of the taxi electronically by EFTPOS, or by any other technical process approved by the Minister for the purpose of this subregulation, which includes— (a) unless the receipt is produced by an EFTPOS terminal—the driver's signature; and (b) the licence number of the taxi; and (c) the taxi driver's name and identification number; and (d) the taxi driver's ABN; and (e) the location the hire was accepted and terminated; and (f) in the case of a receipt produced by an EFTPOS terminal—the name of the EFTPOS terminal's service provider; and (g) an itemised list of the cost of the fare including the metered fare, GST, service fees and any additional rates and charges; and (h) the total amount of the charge for the hiring of the taxi; and (i) the time and date of the payment; and (j) any other information required by the Minister. 70—Non‑cash payment surcharges for hiring taxis For the purposes of Part 6A of the Act, the maximum amount payable for a non‑cash payment surcharge for the hiring of a taxi is 5% of the total amount payable for the hiring. 71—Display of information relating to charges for hiring taxis The relevant person for a taxi must ensure that the legal charges that may be demanded or recovered for the hiring of the taxi are displayed in the taxi in a manner approved by the Minister together with other information (whether or not relating to charges) that the Minister determines should be displayed in the public interest.