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s 45

Requirement for licence

In force
Part 6Taxis

45 Requirement for licence

(1)

A person must not—

(a)

operate a passenger transport service by means of a vehicle that displays the word "TAXI", or any other word or combination of words that are determined by the Minister, by notice in the Gazette, to be subject to regulation under this provision; or

(b)

cause or permit a vehicle used for the purposes of a passenger transport service operated by the person to ply for hire or stand at a designated taxi-stand; or

(c)

except as authorised by the Minister or the regulations, cause or permit a vehicle used for the purposes of a passenger transport service operated by the person to ply for hire in a public street, road or place;

or

(d)

except as authorised by the Minister or the regulations, operate a passenger transport service by means of a vehicle that is fitted with a taxi-meter, unless the person holds a licence for that vehicle under this

Part.

(2)

A licence under this Part is not required for a vehicle if—

(a)

the vehicle is licensed by a council, or any other authority prescribed by the regulations, for the purposes of a taxi service operated in an area outside Metropolitan Adelaide; and

(b)

the area in which the vehicle is licensed to operate does not include an area (if any) prescribed by the regulations as an area for which a licence under this Part is required even though the area is outside

Metropolitan Adelaide; and

(c)

the vehicle—

(i)

is not used to provide a passenger transport service within

Metropolitan Adelaide; or

(ii)

is only used to provide a passenger transport service within

Metropolitan Adelaide by virtue of the fact that the vehicle carries a passenger who is travelling between a place within Metropolitan Adelaide and a place outside Metropolitan Adelaide (whether the journey is to or from

Metropolitan Adelaide).

(3)

An applicant for a licence must meet any requirement, standard, criteria, qualification or condition set out in the regulations and must satisfy the Minister as to any matter the Minister considers relevant.

(4)

If a licence is issued for a vehicle under this Part—

(a)

the vehicle must display the word "TAXI" in accordance with the regulations; and

(b)

the fares to be charged or other arrangements for remuneration must comply with the regulations; and

(c)

the vehicle must be fitted with a taxi-meter that complies with the regulations.

(5)

The licence will be subject to such other conditions as the

Minister thinks fit to impose in the circumstances of the particular case, or as the regulations may provide.

(6)

The Minister may, if the Minister considers it appropriate to do so, by notice in writing to the holder of the licence, vary the conditions imposed by the Minister.

(7)

The conditions of a licence may be varied by the addition, substitution or deletion of one or more conditions.

(8)

A person who—

(a)

contravenes subsection (1); or

(b)

being the holder of a licence—

(i)

contravenes or fails to comply with a requirement of subsection (4); or

(ii)

contravenes or fails to comply with a condition of the licence, is guilty of an offence. Maximum penalty: Penalty: Division 3 fine.

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