DRIVE A2B April 2018

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CONSUMER PROTECTIONS Driver identification Taxi drivers are currently required to display identification issued by the TSC. It is proposed that a driver would not need to display driver identification if this information is provided to the hirer before the trip commences, such as electronically through an app. Fare disclosure BSPs will be required to disclose their fares to passengers through an app, a website or a pamphlet. Fare display Vehicles doing unbooked (rank and hail) work will be required to have fare information displayed. Fare estimate TfV proposes that a service provider be required to provide an estimate of the fare when requested by the customer to do so. The service provider can be a BSP or the driver of the vehicle. Fare calculation device (aka taximeters) A fare calculation device be used for all unbooked services. The driver will need to operate the device. The regulations will include restrictions regarding when the meter must be turned on or turned off, or when the meter must not be used. Passenger assistance and routes All CPV drivers to take the most direct and practicable route or the route nominated by the hirer of the vehicle. Drivers to provide reasonable assistance to passengers (e.g. assistance entering/leaving vehicle and assistance with luggage when needed). Receipts The driver or BSP to provide a receipt to the hirer on request and specific information to be include, eg • the driver’s signature • vehicle registration number • driver accreditation number • all the items that make up the fare • the total amount paid and date paid • the name of the BSP, if applicable. Complaints handling All BSPs be required to implement a complaints handling system consistent with the Australian standard AS/NZS 10002:2014 OPERATIONAL REQUIREMENTS Vehicle identification Any vehicle can be registered as a Victorian CPV under the new legislation. New technology, such as automatic number plate recognition, may be used by the regulator to confirm whether a vehicle is registered as a CPV. TfV proposes that the regulations specify that one or more of the following methods must be used to indicate that a vehicle is being used to provide a CPV service: 1. signs, symbols, notices or labels indicating that the motor vehicle is a CPV 2. signs, symbols, notices or labels identifying the BSP to which the driver is associated 3. signs, symbols, notices or labels of a type or design approved by the regulator 4. number plates identifying the vehicle as a CPV of a type or design approved by VicRoads and the regulator. Smoking Prohibition of smoking in all CPVs. Assistance Animals Prohibit CPV drivers from refusing service to persons accompanied by assistance animals. Record keeping requirements Records must be kept by BSPs and providers of unbooked CPV services (rank and hail), including: • trip records (origin, destination, distance, fare) • complaints (for BSPs) • non-cash payment surcharges ROAD SAFETY ROAD RULES Taxi zones TfV proposes only registered CPVs that are equipped to provide an unbooked service can stop in a taxi zones (ie taxi ranks). Exemptions to specific rules TfV proposes to continue exemptions and special privileges for unbooked CPVs in relation to the use of the following lanes and zones: • driving in bicycle lanes • driving in transit lanes • stopping in a clearway 22 DRIVE A2B magazine · April 2018
• stopping in a loading zone • stopping in a bus lane, tram lane, tramway, transit lane, truck lane, or on tram tracks • stopping near a fire hydrant. • This exemption will not apply to VHA/B/C or ride share vehicles. Child restraints REGULATIONS PROPOSED NOT TO BE REMADE TfV proposes that all CPVs will be required to use child restraints when carrying infants and children under 7 years old who are required in all other vehicles (except buses) to have special restraints. Some of the regulations have been removed due to changes made by provisions in the primary legislation (eg removal of operator accreditation) and some regulations duplicate those in the legislation (eg powers to inspect vehicles). Other regulations have been assessed as no longer required because there is an expectation that increased service availability and competition will ensure good quality services are delivered to consumers. DRAFT REGULATIONS Some of the current regulations proposed NOT to be remade Previous regulation Reason for not remaking the regulation Livery and uniforms These requirements relate to the branding of service. It is proposed to leave these matters up to the service providers. Safety equipment Specific safety equipment is not proposed to be prescribed in the proposed Regulations except for security cameras in vehicles providing unbooked commercial passenger vehicle services. Emergency warning Not proposed to be remade. Duty holders have the option to use device these devices (or alternative) to comply with their respective safety duties under the CPVI Act. Protective screens Not proposed to be remade, however, this equipment could be specified in a code of practice. Duty holders have the option to use this equipment to comply with their respective safety duties under the CPVI Act. Interference with This offence is no longer required because the range of equipment in or on equipment required to be used in vehicle is significantly less than taxi-cab previous Regulations. Livery The industry will be free to brand their vehicles subject to complying with the proposed Regulations relating to vehicle identification. Payment of fares It is proposed to no longer make it an offence, under CPV law, and additional to not pay the fare and additional charges for the service. TfV charges considers that it may be appropriate to permit the consumer of the service to dispute the fare in certain circumstances. The non-payment for services is already a criminal offence under the Crimes Act 1958. TfV notes that the removal of the sector specific offence may make it more difficult to enforce this offence. No drinking liquor Ability for passengers to consume alcohol in vehicles needs to or possessing open be preserved for specialist hire car services (eg weddings, tours, liquor containers etc). VIEW THE proposed regulations, proposed amendments to the road rules and the RIS and provide feedback visit getinvolved. transport.vic.gov. au/regulations. SUBMISSIONS must be provided to Transport for Victoria on or before 27 April 2018. DRIVE A2B magazine · April 2018 23
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DRIVE A2B April 2018

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