Schedule 1

Vehicle specifications

In force

Regulation 14

Part 1 Taxis

1. Vehicle specifications – taxi The following vehicle specifications apply to a taxi that is not a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi:

(a)

the vehicle must –

be designed and constructed primarily for the purpose of carrying passengers; and not have more than 9 seats; and unless the vehicle uses a sliding door for the access of the passengers, have an access door provided adjacent to each outboard seating position;

be designed and constructed primarily for the purpose of carrying passengers; and

not have more than 9 seats; and

unless the vehicle uses a sliding door for the access of the passengers, have an access door provided adjacent to each outboard seating position;

(b)

the vehicle must have an Australasian New Car Assessment Program (ANCAP) rating of 5 stars;

(c)

the vehicle must have installed in it all of the equipment required under the Act to be installed in a taxi operating in the taxi area in which the vehicle is operating, or intending to operate, as a taxi;

(d)

at the time at which the vehicle is first operated as a taxi, in the State or another jurisdiction, the vehicle must not be more than 7 years old;

(e)

at any time at which the vehicle is operated as a taxi, the vehicle must not be more than 12 years old.

2. Exceptions to vehicle specifications – taxi

(1)

Clause 1(b) does not apply to a vehicle if the vehicle, on 30 December 2020, was being, or had previously been, operated as a taxi.

(2)

Clause 1(d) does not apply to a vehicle if –

(a)

immediately before the first use of the vehicle as a taxi, the vehicle was used as a luxury hire car under the authority of a luxury hire car licence; and

(b)

the vehicle does not exceed the applicable age restriction specified in clause 1(e).

Part 2 Luxury Hire Cars

1. Interpretation In this Schedule –

Group 1 vehicle means a small passenger vehicle that meets the prescribed criteria set out in clause 2(2)(a) of Part 2 of this Schedule;

Group 2 vehicle means a small passenger vehicle that meets the prescribed criteria set out in clause 2(2)(b) of Part 2 of this Schedule;

GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

value means the manufacturer's recommended retail price for a vehicle, including GST and excluding optional extras, accessories, dealer delivery charges and any other charges, fees or taxes applicable to the sale of the vehicle.

Group 1 vehicle means a small passenger vehicle that meets the prescribed criteria set out in clause 2(2)(a) of Part 2 of this Schedule;

Group 1 vehicle

Group 2 vehicle means a small passenger vehicle that meets the prescribed criteria set out in clause 2(2)(b) of Part 2 of this Schedule;

Group 2 vehicle

GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

GST

value

2. Prescribed criteria in relation to luxury hire cars

(1)

For the purposes of the Act, the following classes of luxury hire car are prescribed:

(a)

Group 1 vehicle;

(b)

Group 2 vehicle.

(2)

For the purposes of section 73(1) of the Act –

(a)

the prescribed criteria in relation to a Group 1 vehicle are that the vehicle must –

have a minimum wheelbase of 2 700 millimetres; and have been manufactured less than 10 years before the date on which the application for approval of the vehicle for use as a luxury hire car was made under section 73(2) of the Act; and have a value equal to or greater than the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and

have a minimum wheelbase of 2 700 millimetres; and

have been manufactured less than 10 years before the date on which the application for approval of the vehicle for use as a luxury hire car was made under section 73(2) of the Act; and

have a value equal to or greater than the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle; and

(b)

the prescribed criteria in relation to a Group 2 vehicle are that the vehicle must –

have a minimum wheelbase of 2 700 millimetres; and be manufactured less than 10 years before the date on which the application for approval of the vehicle for use as a luxury hire car was made under section 73(2) of the Act; and have a value equal to or greater than a multiple of 2 times the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle.

have a minimum wheelbase of 2 700 millimetres; and

be manufactured less than 10 years before the date on which the application for approval of the vehicle for use as a luxury hire car was made under section 73(2) of the Act; and

have a value equal to or greater than a multiple of 2 times the luxury car tax threshold as determined by the Australian Taxation Office for the year of manufacture of the vehicle.

Part 3 Restricted Hire Vehicles

1. Prescribed requirements for unique, classic or customised motor vehicles For section 84I(1)(c) of the Act, the following are the prescribed requirements that a suitable vehicle, that is a motor vehicle that is unique, classic or customised and more than 30 years old, is to meet at the time at which the suitable vehicle is approved for use as a restricted hire vehicle for general rhv services:

(a)

the motor vehicle is to be free from any visible dents, rust or repairs;

(b)

the motor vehicle's paintwork is to maintain its original lustre and is to be free from any major blemishes or mismatched paintwork;

(c)

the motor vehicle's electroplated, polished or metallic components are to be in good condition and are to display their original lustre;

(d)

the motor vehicle's windows are to be free from visible scratches and blemishes that detract from the overall appearance of the vehicle;

(e)

the motor vehicle's seats and interior trim are to be free from visible damage that detracts from the overall appearance of the vehicle;

(f)

the motor vehicle's headlining and floor coverings are to be complete, clean and in good repair;

(g)

the motor vehicle's dashboard is to be free from any visible cracks or obvious fading that detracts from the overall appearance of the vehicle;

(h)

when in operation, the motor vehicle does not exhibit any abnormal engine, transmission or differential noise;

(i)

the motor vehicle's hoses and belts are to be fit for purpose, working as they were originally designed and intended to work;

(j)

the motor vehicle is to be free from any visible oil leaks;

(k)

the motor vehicle's suspension is to be in good working order;

(l)

the motor vehicle's wheels are to be the wheels fitted to the vehicle at the time at which the vehicle was manufactured or, if the wheels are not the wheels fitted at the time at which the vehicle was manufactured, the wheels are to match the style and age of the vehicle;

(m)

any other factors, relating to the overall appearance and condition of the motor vehicle, that the Commission considers relevant in assessing whether the motor vehicle is suitable for use as a restricted hire vehicle for general rhv services.

2. Suitable vehicle For paragraph (e) of the definition of suitable vehicle in section 84I(4) of the Act, the following motor vehicle is prescribed:

(a)

a four-wheel drive or all-wheel drive motor vehicle –

that is capable of providing transport to, from or within a national park, as defined in the Nature Conservation Act 2002, State reserve, as defined in the Nature Conservation Act 2002, or other land similar to a national park or State reserve; and that has an access door adjacent to each outboard seating position.

that has an access door adjacent to each outboard seating position.

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