Taxi and Hire Vehicle Industries Regulations 2023

In this regulation – seat of a motor vehicle includes – the driver's seat; and an individual seating position on a bench seat; and a demountable seat (being a seat that is so designed and constructed as to be capable of being readily removed from the vehicle without the need to structurally alter the vehicle); and a modifiable seat (being a seat that is so designed and constructed as to be capable of being readily retracted, collapsed or folded away when not in use or adapted to another use such as a sofa, bed or storage); and a seat that, in order to be used, requires the temporary retraction, collapsing or folding-away of a moveable console or armrest; and a position within which an occupied wheelchair may be secured.

A wheelchair-accessible taxi, in addition to the criteria for wheelchair-accessible taxis set out in Schedule 1 to the Act, must be fitted with a fire extinguisher.

If a vehicle, other than a wheelchair-accessible taxi, used to operate a service under the authority of a licence, is offered for hire as being wheelchair-accessible, the vehicle must – have no more than 12 seats in any configuration; and comply with the Disability Standards for Accessible Public Transport 2002 formulated under section 31(1) of the Disability Discrimination Act 1992 of the Commonwealth; and not have any modifications to make the vehicle wheelchair-accessible that significantly alter the original external appearance of the vehicle; and be fitted with – a wheelchair restraint assembly that complies with AS/NZS 10542.1.2009; and a secondary, independent emergency-release mechanism on the wheelchair entry door that is clearly labelled with the words "EMERGENCY RELEASE"; and a fire extinguisher; and if fitted with a hoist or ramp, be compliant with AS 3856; and have an access door adjacent to each outboard seating position; and have adequate luggage space to the rear of the rearmost seat when the vehicle is not configured to carry a passenger seated in a wheelchair.

The holder of a licence may apply, in an approved form, to the Commission for approval to offer a vehicle, to which the licence relates, that does not comply with one or more of the requirements set out in subregulation (3), for hire as being wheelchair-accessible.

The Commission may – grant an application made under subregulation (4); or refuse to grant an application made under subregulation (4).

On making a decision under subregulation (5), the Commission is to notify the applicant of the decision in relation to the application.

The Commission may grant an application under subregulation (5) subject to any terms and conditions that the Commission thinks fit.