93Use of accessible vehicle with standard taxi licence

93 Use of accessible vehicle with standard taxi licence

(1)  This section applies to perpetual taxi licences and owner-operator taxi licences in force in a taxi area where there is no wheelchair-accessible taxi licence in force.

(2)  The owner of a perpetual taxi licence or, if that licence is leased, the responsible operator, or the holder of an owner-operator taxi licence may apply to the Commission for authorisation to operate a service equivalent to a wheelchair-accessible taxi service under that licence and to charge fares in accordance with the wheelchair-accessible taxi tariffs.

(3)  The Commission may approve the application if the following conditions are met:

(a) the vehicle is suitable for use as a taxi and has a current inspection report;

(b) the vehicle complies with the Disability Standards for Accessible Public Transport 2002 formulated under section 31(1) of the Disability Discrimination Act 1992 of the Commonwealth;

(c) any modifications to make the vehicle wheelchair-accessible do not significantly alter the original external appearance of the vehicle;

(d) [Section 93 Subsection (3) amended by No. 61 of 2011, s. 51, Applied:01 Jul 2013] [Section 93 Subsection (3) amended by No. 28 of 2020, s. 61, Applied:30 Dec 2020] the vehicle is fitted with a wheelchair restraint assembly that complies with AS/NZS 10542.1:2015;

(e) any hoist or ramp fitted to the vehicle complies with AS 3856;

(f) the vehicle is fitted with a secondary, independent emergency-release mechanism on the wheelchair entry door that is clearly labelled with the words "EMERGENCY RELEASE";

(g) the vehicle has an access door adjacent to each outboard seating position;

(h) the vehicle has adequate luggage space to the rear of the rearmost seat when the vehicle is not configured to carry a passenger seated in a wheelchair.

(4)  The Commission is to revoke the authorisation referred to in subsection (2) if the Commission issues a wheelchair-accessible taxi licence in that taxi area.