Land Transport Rule: Operator Licensing 2007 (the Rule) sets out the requirements for obtaining and retaining a licence to operate a passenger, rental, vehicle recovery, or goods service. It also contains requirements that apply to transport service drivers, ‘dial-a-driver’ service drivers, hirers of rental service vehicles, and approved taxi organisations (ATOs).

The overall aim of the Rule is to establish a fair and consistent framework for the licensing of transport operators. The Rule takes into account the environment in which commercial transport services operate and the wider community’s need for mobility and access to transport services, while ensuring that transport operators provide a service that is safe and secure for their passengers and for other road users.

The procedures and criteria that the Director of Land Transport (the Director) must follow or apply in licensing transport operators, contained in the Transport Services Licensing Act 1989 and regulations made under that Act, have been reviewed and were updated in the Land Transport Amendment Act 2005 (the amendment Act). Within the framework of the amendment Act, the Rule sets out the procedures, criteria, and standards that must be met when applying for, or holding, the different classes of transport service licence (TSL), and the requirements for ATOs.

The development of the Rule followed on from a comprehensive review of the operator licensing system carried out in consultation with transport and other interested groups (see Extent of consultation). The Rule takes into account, and acts on a number of, the recommendations made by the Office of the Auditor General following its review of the effectiveness of controls over the taxi industry.

The large majority of requirements in the Rule, however, have been carried over from the Transport Services Licensing Act and regulations. The changes that have been made in the Rule are intended to make the licensing system more effective and safer, to formalise current practice, to clarify requirements and, where appropriate, to address industry concerns and submissions. Changes to key aspects of the transport licensing requirements are summarised below.

Certificate of Knowledge of Law and Practice (CKLP)

• A person who has been disqualified (for up to 10 years) from holding or obtaining a TSL, or from having any control of a transport service, is required to pass the appropriate CKLP examination when reapplying for a TSL (either as a licence holder or a person who is to have control of the service).
• The Director may require the holder of a CKLP or a person in control of an ATO to pass or re-sit a CKLP examination if the Director believes that they do not have adequate relevant knowledge of the laws and practices relevant to the transport service being operated.

Notification of changes

• The Rule requires a body corporate that holds a TSL to notify the Director of a change in its name or business address. ATOs must also notify changes to their business address and telephone number.

Certificate of responsibility

• The Rule requires the owner of a vehicle to obtain a ‘certificate of responsibility’ from another person who is using that vehicle under a TSL, and who might be liable to prosecution if an offence is committed in relation to the use of the vehicle in that service. It also requires the driver of a vehicle operated under a certificate of responsibility to carry a copy of the certificate and to produce it for inspection by an enforcement officer.

Display of TSL number

• To assist in enforcing transport operator legislation, the Rule requires that the TSL number be displayed in addition to the operator identification information currently required to be displayed on goods service vehicles, large and small passenger service vehicles and vehicle recovery service vehicles.

Requirement to notify application for transport service licence

• The requirement to notify publicly an application for a passenger service licence or a vehicle recovery service licence has been removed.

Small passenger service vehicles

• The major change is the categorising of transport services using small passenger service vehicles into taxi, shuttle, and private hire and other services, and the specifying of the requirements that apply to each of these categories of service.
• The Rule contains a number of changes to the driver identification (ID) card requirements aimed at ensuring that passengers are better able to identify a driver.

Taxi services

• The Rule gives ATOs greater responsibility for the standards met by their members, including strengthening the process for reporting complaints of serious improper behaviour by drivers. It also clarifies the requirements covering the use of signage and the registration of fares, and sets out the requirement for ATOs to run a 24-hour/seven-day service.
• The Rule strengthens the requirements relating to the holding of area knowledge certificates (AKCs) in the Auckland and Wellington metropolitan areas. It removes the need for AKCs in small towns, and allows some flexibility in setting AKC boundaries. The Rule allows the Director to require a person who demonstrates inadequate English speaking skills, despite having passed an AKC, to either pass an English test or complete a course that is approved by the Director.
• ATO and vehicle information in Braille must now be displayed on the inside of the front passenger door of a taxi.

Rental services

• The rules governing the operation of rental services have been reduced and simplified. As a consequence, applicants for, and holders of, a rental service licence do not have to hold a CKLP.
• Subject to certain conditions, the Rule provides for a rental service operator to charge an infringement fee, which has been incurred by a hirer for speeding and other specified offences, to the hirer’s credit card. The rental service operator may also charge an administration fee to cover the cost of debiting the card.

Vehicle recovery services

• Holders of a vehicle recovery service licence will be held responsible for the conduct of their drivers and employees at their business location. The Rule also requires that a driver of a vehicle recovery service vehicle be required to behave in an ‘orderly and civil manner’ while operating a vehicle recovery service.

Dial-a-driver services

• Drivers of vehicles operating a ‘dial-a-driver’ service are now required to hold a photographic ID card and to wear this in a readily visible position. This requirement aligns them with drivers of other small passenger service vehicles.

Exempt passenger services

• The requirements exempting the operators of certain passenger services from holding a TSL have been clarified to remove anomalies and to take into account the current needs of health providers, schools, and charitable organisations, and other organisations who operate a passenger service.
• The current exemption for carpooling for travel to or from a workplace has been widened to include carpooling for all activities operated under genuine cost-sharing arrangements.

The Land Transport Act 1998 (the Act) requires that Rules may not be inconsistent with New Zealand’s international obligations concerning land transport safety. The Rule is consistent with New Zealand’s international obligations in this area.

The Rule has been subjected to economic analysis. The majority of the Rule’s provisions do not impose additional compliance costs on transport service operators and drivers because they are largely rolled over from existing legislation.

New requirements with significant cost impacts are those relating to the display of Braille signs in taxis and AKC requirements for taxi drivers in Auckland and Wellington. The requirements as originally proposed have been scaled back in order to lower compliance costs. A small number of requirements will result in cost savings to the industry. Some provisions, such as the requirement to display a TSL number for some transport service vehicles, will result in some additional expense for operators.

Extent of consultation

Following preliminary discussions with key stakeholders, the former Land Transport Safety Authority initiated a review of the transport services licensing system, with the release, in December 1998, of the discussion document Transport Services Operator Licensing Review. This document did not contain specific policy proposals but outlined the key issues relating to the licensing of transport services, for public feedback on these issues and on a range of possible options.

In May 2001, the Land Transport Safety Authority released another discussion document, Courtesy Vehicle Services, for public comment. This document was posted on the Authority’s website, along with a list of its preferred policy proposals. The proposals took into account submissions made by industry groups and the public on the earlier discussion document and made recommendations to government. Cabinet approved the recommendations in October 2003.

Some of the changes proposed to transport services licensing policy required amendment of the Act. Those changes were passed into law in the amendment Act, which received the royal assent on 21 June 2005. Land Transport New Zealand consulted on the requirements that are contained in the Rule in the yellow (public consultation) draft, which was released in May 2006.

The yellow draft was made available to about 700 organisations and individuals who had registered their interest in the Rule. The availability of the yellow draft was publicised in metropolitan and selected regional daily newspapers, Te Karere National News and the New Zealand Gazette. The draft was also made available, together with Questions and Answers, on the Land Transport NZ website.

Land Transport NZ received 76 submissions on the draft Rule. The comments were taken into account in redrafting the Rule before it was submitted to Cabinet, and to the Minister for Transport Safety for signature.

Part 1 Rule requirements

Section 1 Application

1.1 Title

This Rule is Land Transport Rule: Operator Licensing 2007.

1.2 Scope

This Rule applies to:

(a) a holder of, and an applicant for:
- (i) a passenger service licence;
- (ii) a rental service licence;
- (iii) a vehicle recovery service licence;
- (iv) a goods service licence; and

[Note:‘Goods service licence’, ‘passenger service licence’, ‘rental service licence’, and ‘vehicle recovery service licence’ are defined terms.]

(b) a driver of:
- (i) a small passenger service vehicle that is operating or ought to be operated under a passenger service licence;
- (ii) a vehicle recovery service vehicle that is operating or ought to be operated under a vehicle recovery service licence;
- (iii) a goods service vehicle that is operating or ought to be operated under a goods service licence; and
(c) a dial-a-driver service driver who is operating or ought to be operating under a passenger service licence; and
(d) a hirer of a rental service vehicle; and
(e) an approved taxi organisation.

[Note: ‘Approved taxi organisation’, ‘dial-a-driver-service’, ‘goods service vehicle’, ‘passenger service vehicle’, ‘rental service vehicle’, ‘small passenger service vehicle’, and ‘vehicle recovery service vehicle’ are defined terms.]

1.3 Fees

A person must pay the appropriate fee or fees (if any) for any application, amendment, approval or exemption in respect of a provision of this Rule, that is specified in, or assessed in accordance with, any regulation made under the Act.

1.4 Date when Rule comes into force

1.4(1) Subclauses 4.2(8) and 4.2(9) come into force on 1 October 2008.

1.4(2) The rest of this Rule comes into force on 1 October 2007.

Section 2 Transport service licence

2.1 Application for transport service licence

An application from a person or organisation for a transport service licence must be made on a form approved by the Director and include:

(a) the applicant’s full name (that is, the individual or organisation name, and trading or trust name if applicable);
(b) if the applicant is a natural person, the applicant’s date of birth;
(c) the applicant’s business or residential address;
(d) the full name and address of any person who is to have control of the service;
(e) the class or classes of transport service licence applied for;
(f) a statement signed by the applicant that, to the best of the applicant’s knowledge and belief, all the information given by the applicant is correct and that the applicant is not disqualified from holding or obtaining a transport service licence;
(g) other information as required by the Director.

[Note: ‘Transport service licence’ and ‘control’ are defined terms.]

2.2 Certificate of knowledge of law and practice

2.2(1) This clause does not apply to an applicant for, or holder of, a rental service licence or a passenger service licence for operating a dial-a-driver service.

2.2(2) A person is entitled to obtain, or continue to hold, a transport service licence only if that person, or another person who has or is to have control of the service, holds a certificate of knowledge of law and practice applicable to the transport service being operated.

[Note: ‘Transport service’ is a defined term.]

2.2(3) Despite 2.2(2), the Director, having regard to the limited or infrequent nature of the service, or proposed service, may waive the requirement for a licence applicant or holder to comply with 2.2(2) for whatever limited period and subject to any conditions that the Director may determine.

2.2(4) For the avoidance of doubt, a person who holds, or was deemed to hold, a certificate of knowledge of law and practice before 1 October 2007 is deemed to hold a certificate of knowledge of law and practice applicable to the transport service being operated.

2.2(5) The content of a certificate of knowledge of law and practice test (and any revision to the content of the test), the test provider, and the form of the certificate of knowledge of law and practice must be approved by the Director.

2.2(6) A holder of a transport service licence, or a person in control of or involved in a transport service, must pass the test to hold a certificate of knowledge of law and practice if he or she:

(a) has been disqualified from holding or obtaining a transport service licence or from having any form of control of a transport service; and
(b) reapplies for the licence at the end of the disqualification period.

2.2(7) Subclause 2.2(6) applies even if another person is to have control of the service and that person already holds a certificate of knowledge of law and practice.

2.2(8) If the Director believes on reasonable grounds that the holder or deemed holder of a certificate of knowledge of law and practice does not have an adequate knowledge of the laws and practices concerning the safe and proper operation of the transport service to which the licence relates, the Director may require the holder to pass the test for a certificate of knowledge of law and practice applicable to that transport service.

2.2(9) A requirement issued by the Director under 2.2(8) must state:

(a) the grounds on which the requirement is based; and
(b) the date by which:
- (i) the test must be satisfactorily completed; and
- (ii) the holder must produce evidence to the Director of the satisfactory completion of the test.

2.2(10) Failure to satisfactorily complete the test under 2.2(8) invalidates the licence holder’s certificate of knowledge of law and practice and the holder’s transport service licence may then be suspended in accordance with section 30U of the Act.

2.3 Transport service licence holder to notify Director of certain changes

2.3(1) A holder of a transport service licence must:

(a) notify the Director of a change of name of the holder of the licence (resulting from, but not limited to, marriage, civil union, or declaration of change of name), which must be supported by documentation to this effect;
(b) notify the Director of a change in the person or persons having control of the service;
(c) notify the Director of a change in the business or residential address of:
- (i) the holder of the licence; or
- (ii) the person or persons having control of the service.

2.3(2) If a holder of a transport licence is a body corporate, the person or persons having control of the service must notify the Director of:

(a) a change in the natural person or persons (not being bodies corporate) who, in fact, have control of that body corporate;
(b) a change in the residential address of that person or persons;
(c) a change in the business address of that person or persons;
(d) a change of name of the body corporate (resulting from, but not limited to, merger, amalgamation, or dissolution), which must be supported by documentation to this effect;
(e) a change in status of the body corporate including, but not limited to, merger, amalgamation, or dissolution, which must be supported by documentation to this effect.

[Note: ‘Notify’ is a defined term.]

2.3(3) The notification in 2.3(1) or 2.3.(2) must be given either:

(a) before the change occurs; or
(b) no later than 14 days after it has occurred.

2.3(4) The notification in 2.3(1) or 2.3.(2) must include any other identification information that the Director requires.

2.3(5) The notification in 2.3(1)(c)(ii) or 2.3.(2)(a)is not required if the person having control of the service:

(a) is an elected member of a local authority, and has control of the service or business in that capacity only; or
(b) is an officer of the State services or of a Crown agency or local authority, and has control of the service or business in that capacity only, unless the Director, by notice in writing to the holder of the licence, requires it.

2.4 Certificate of responsibility where person other than owner operates vehicle under licence

2.4(1) If a vehicle is used under a transport service licence by a person other than the owner, the owner of the vehicle must obtain from the person using the vehicle under the licence a certificate of responsibility, in the form specified in Schedule 1, indicating that:

(a) the vehicle is being used in the service; and
(b) the person operating the service may be liable to be prosecuted if an offence is committed in relation to the use of the vehicle in that service.

2.4(2) A certificate of responsibility must be obtained before the vehicle is used in the relevant service, unless in the circumstances it is unreasonable to do so.

2.4(3) The driver of the vehicle must carry a copy of the certificate of responsibility for the vehicle and must produce it without delay for inspection on demand by an enforcement officer.

[Note: ‘Enforcement officer’ is a defined term.]

2.4(4) A person who obtains a certificate of responsibility for a vehicle registered in his or her name must retain that certificate for a period of not less than 12 months after the last date to which it relates, and must produce the certificate without delay on demand by an enforcement officer.

2.4(5) In any proceedings for an offence against this clause, the holder of the licence under which the vehicle was operated must satisfy the Court that, in the circumstances, it was unreasonable for a certificate of responsibility to be obtained before the vehicle concerned was used in the transport service.

2.5 Replacement of transport service licences and other documents

2.5(1) The Director may issue a duplicate transport service licence or other document issued by the Director to a person whose licence or other document has been lost, destroyed, stolen, defaced, or mutilated, or has become illegible.

[Note: ‘Licence or other document’ is a defined term.]

2.5(2) The Director must not issue the duplicate licence or other document unless:

(a) the previous licence or document is surrendered to the Director; or
(b) the Director is satisfied, by the production of evidence that may be required by the Director, that the licence or document has been lost, destroyed, or stolen.

2.5(3) A transport service licence or other document for which a duplicate has been issued under 2.5(1) must, if subsequently found by or returned to the licensee or person to whom the duplicate was issued, be returned immediately to the Director.

2.5(4) If a licence is amended, a new licence incorporating the amendment must be issued.

2.6 Surrender of transport service licences

The holder of a transport service licence that is amended, revoked, or surrendered must return the licence to the Director within seven days of a request from the Director to do so.

Section 3 Requirements for small passenger service vehicles, drivers and services

3.1 Requirements for all small passenger service vehicles

A holder of a passenger service licence under which a small passenger service vehicle is operated and a driver of a small passenger service vehicle must comply with:

(a) the applicable requirements in this section; and
(b) the requirements in sections 4, 5, 6, and 7, whichever applies.

[Note: Taxis, shuttles and private hire vehicles are all small passenger service vehicles.]

3.2 Driver identification

3.2(1) A person may not drive a small passenger service vehicle unless that person is the holder of, and displays, a current driver identification card.

3.2(2) An application for a driver identification card must be made in accordance with clause 36 of the Land Transport (Driver Licensing) Rule 1999.

3.2(3) The form of a driver identification card must comply with clause 65 of the Land Transport (Driver Licensing) Rule 1999.

3.2(4) A driver identification card must:

(a) contain a recent photograph of the driver; and
(b) display a unique identifier, being a name comprising a combination of letters approved by the Director, with numbers assigned by the Director if required to distinguish duplicate names, so that they are:
- (i) sufficiently memorable to be easily recalled by users of the service provided by the driver; and
- (ii) appropriate to identify the driver from other drivers in any transport service; and
(c) display other information or material that may be required by the Director.

[Note: ‘Driver identification card’ and ‘unique identifier’ are defined terms.]

3.2(5) Despite 3.2(4)(b), a driver identification card issued before 1 October 2007 that displays an identification name comprising a combination of numbers, or a combination of letters and numbers, is valid until the next date of the identification card’s renewal.

3.2(6) A driver identification card is current for a period not exceeding five years, but the Director may extend, by notice in writing, its currency for a period not exceeding 12 months.

3.2(7) A holder of a passenger service licence under which a small passenger service vehicle is operated, and every person driving that vehicle, must ensure that the driver’s driver identification card:

(a) complies with 3.2(3) and (4)
(b) is displayed in the vehicle in accordance with 3.2(8).

3.2(8) The driver identification card must be displayed where it is directly facing passengers, in a central and vertical position, so that a front or rear seated passenger can easily see the photograph and the unique identifier in sufficient detail to allow accurate identification of the driver as the holder of the card.

3.2(9) Subclause 3.2(6) applies at any time that the vehicle is available for hire, whether or not there is a hirer in the vehicle.

3.3 Duties and conduct of drivers

Circumstances in which driver may refuse to accept hiring of the vehicle and any passenger

3.3(1) A driver may refuse to accept a person as a passenger, or refuse to continue the hiring of the vehicle by a person, if:

(a) the driver believes, on reasonable grounds, that his or her personal safety would be, or is, threatened or endangered; or
(b) the person:
- (i) appears to be under the influence of alcohol or drugs; or
- (ii) is in a filthy condition; or
- (iii) is consuming food or drink; or
- (iv) is noisy, violent, or is disturbing the peace; or
- (v) is accompanied by an animal, unless that person has a disability and the animal is a guide dog, a companion dog or a hearing ear dog, or if the guide dog, companion dog or hearing ear dog is a dog under training.

[Note: ‘Guide dog’, ‘companion dog’, and ‘hearing ear dog’ are defined terms.]

3.3(2) A driver may refuse to accept a hire if:

(a) the hirer has failed to pay the fare due for a previous hire and that fare is not paid before the commencement of the new hire; or
(b) the driver has sought prepayment of the fare but has been refused; or
(c) the vehicle is being used in a registered service, and the prospective hire is not consistent with that service.

[‘Registered service’ is a defined term]

Duties of drivers relating to fares

3.3(3) A driver of a small passenger service vehicle must, if asked by a prospective hirer about the scale or basis of the fare, state the correct scale or basis of the fare (including extra charges and inclusive of GST if charged) that applies to the hiring.

3.3(4) A driver of a small passenger service vehicle must, at the end of a hiring, demand no more than the exact amount of the registered fare and other charges (if any) payable for the hiring, less a deduction of any prepayment made by the hirer.

3.3(5) A driver of a small passenger service vehicle must, on request by a hirer, issue an itemised receipt to the hirer for a fare paid by the hirer, indicating:

(a) the fare; and
(b) any special charges; and
(c) the driver’s unique identifier as it appears on the identification card; and
(d) the vehicle registration plate details; and
(e) the GST number (if GST is charged); and
(f) the name of the approved taxi organisation (for taxis); and
(g) the date of hire.

Duties of drivers relating to luggage

3.3(6) Subject to 3.3(7), a driver of a small passenger service vehicle must:

(a) when requested by the hirer, carry in or on the vehicle a reasonable quantity of luggage; and
(b) take reasonable care of the luggage; and
(c) secure the luggage in a manner that prevents its loss or damage.

3.3(7) A driver of a small passenger service vehicle is not required to carry, in or on the vehicle, luggage that:

(a) would endanger the safe driving and handling of the vehicle; or
(b) cannot be reasonably or conveniently carried in or on the vehicle without causing damage to the vehicle; or
(c) is of a dirty or objectionable nature.

3.3(8) A driver of a small passenger service vehicle must, immediately after the termination of each hiring, check the vehicle for property that may have been left in the vehicle.

3.3(9) A driver of a small passenger service vehicle must, if any property is found in the vehicle, notify his or her office immediately and, unless it is claimed, deliver it to a police station within 24 hours.

3.3(10) A driver of a small passenger service vehicle must not place or carry or allow to be placed or carried in or on the vehicle any substance of an offensive nature.

Duties of drivers relating to obstruction of other small passenger service vehicles or road

3.3(11) A driver of a small passenger service vehicle that is not immediately available for hire must not allow that vehicle to be parked in a place or manner that is likely to impede or interfere with the operation of another small passenger service vehicle that is available for hire.

3.3(12) Subject to 3.3(13), a driver of a small passenger service vehicle must not stop the vehicle on a road longer than is reasonably necessary for the purpose of loading or unloading luggage, picking up or setting down passengers, or for any other lawful purpose.

3.3(13) Subclause 3.3(12) does not apply to a small passenger service vehicle that is:

(a) on a designated stand; or
(b) lawfully parked; or
(c) waiting for a hirer who has already hired the vehicle.

[Note: ‘Designated stand’ is a defined term.]

3.3(14) An enforcement officer or a parking warden may, at the expense of the owner of the small passenger service vehicle, arrange for the removal of a vehicle parked in contravention of 3.3(11) or 3.3(12).

Other duties of drivers

3.3(15) A driver of a small passenger service vehicle must be clean, and conduct himself or herself in an orderly and civil manner while engaged in the operation of the vehicle.

3.3(16) A driver of a small passenger service vehicle at a designated stand must remain constantly in immediate attendance of his or her vehicle, unless the driver is absent for a reasonable cause.

3.3(17) A driver of a small passenger service vehicle must not carry, in the vehicle, passengers the number of whom exceeds the lesser of:

(a) the maximum number prescribed by the certificate of loading; or
(b) the number of seats provided.

3.4 Advertising material

A holder of a passenger service licence must not allow a small passenger service vehicle to be used in the service if there is any advertising material on the outside or on the inside of the vehicle that:

(a) is applied to glazing; or
(b) may impede vision from or into the vehicle; or
(c) may obscure a notice, sign, or other matter required by this Rule or any other enactment to be displayed in or on the vehicle.

3.5 Complaints register

3.5(1) A holder of a passenger service licence under which a small passenger service vehicle is operated (other than a holder who is a member of an approved taxi organisation) must ensure that a register of complaints is maintained.

3.5(2) A register of complaints must be maintained in respect of:

(a) the vehicles used; and
(b) the services provided; and
(c) the drivers involved in operating the services.

3.5(3) An approved taxi organisation must keep a single register of complaints containing the details in 3.5(2) for all its members and their drivers.

3.5(4) When a complaint is entered in the complaints register, that entry must be retained in the register for at least two years.

3.5(5) The complaints register must be available for inspection at any reasonable time by an enforcement officer.

3.5(6) The complaints register must, as far as practicable, record the following matters:

(a) the name and position of the person taking the initial complaint;
(b) the name, address, and contact telephone number of the complainant;
(c) the date, time, and location of the event or matter complained of;
(d) the name or description of the person complained of;
(e) details of the complaint;
(f) details of the response to, or action taken in respect of, the complaint;
(g) the method by which, and the date on which, the complainant was notified of the response to or action taken in respect of the complaint;
(h) the name and position of the person who took action in response to the complaint, if different from the person taking the initial complaint.

3.5(7) If a complaint is in writing, the original written complaint must be retained as part of, or as an attachment to, the complaints register.

Section 4 Taxi services

4.1 General requirements

A holder of a passenger service licence who operates a taxi service and a driver of a taxi must comply with the requirements in this section and section 3.

[Note: ‘Taxi’ and ‘taxi service’ are defined terms.]

4.2 Operator identification

4.2(1) A holder of a passenger service licence who operates a taxi must ensure that the following information is clearly displayed on the inside and the outside of every taxi used under the licence, in a form approved by the Director:

(a) the name, business location and telephone number of the approved taxi organisation to which the licence holder belongs; and
(b) the unique fleet number assigned by the approved taxi organisation to the vehicle.

[Note: ‘Business location’ is a defined term.]

4.2(2) A holder of a passenger service licence who operates a taxi service must ensure that every taxi used under the licence displays his or her transport service licence number, in the form specified in Schedule 2, on the outside of the taxi.

4.2(3) The information required by 4.2(1) and 4.2(2) must be clearly displayed in a contrasting colour to the background on which it is displayed.

4.2(4) The information required by 4.2(1) must be displayed on the inside of a vehicle in a prominent position at the front of the vehicle, so that a passenger can easily read it.

4.2(5) In addition to the requirements in 4.2(1), the name of the approved taxi organisation to which the licence holder belongs and the unique fleet number assigned by the approved taxi organisation to the vehicle must be positioned on the inside on the rear left-hand passenger door, so that a passenger seated in the rear of the vehicle can easily read it.

4.2(6) The information required by 4.2(1) and 4.2(2) to be displayed on the outside of a vehicle must be positioned on the forward doors on both sides of the vehicle.

4.2(7) The information required by 4.2(1) to be displayed on the inside and the outside of a vehicle, and by 4.2(2) to be displayed on the outside of the vehicle, may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a ceremony such as a funeral or wedding.

4.2(8) A holder of a passenger service licence who operates a taxi service and the driver of the taxi must, in addition to the identification required under 3.2 and 4.2(1) to 4.2(7), ensure that the following information is provided in Braille:

(a) the name of the approved taxi organisation; and
(b) the unique fleet number assigned to the taxi; and
(c) the approved taxi organisation’s telephone number for complaints.

4.2(9) The information in Braille must be displayed on the inside of the front passenger door, in a form and position approved by the Director.

4.3 Taxi roof signs

4.3(1) A holder of a passenger service licence must ensure that every taxi being operated under the licence has a taxi roof sign fitted on its roof that displays the word ‘TAXI’ and indicates whether or not the vehicle is available for hire.

4.3(2) The sign required by 4.3(1) must be approved by the Director for use by that approved taxi organisation and be fitted in a position approved by the Director.

4.3(3) A person must not drive a taxi that is available for hire during the hours of darkness unless the sign required by 4.3(1) is illuminated.

[Note: ‘Hours of darkness’ is a defined term.]

4.3(4) The sign required by 4.3(1) may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a ceremony such as a funeral or wedding.

4.4 Duties of driver relating to hiring

4.4(1) A taxi driver may cruise for hire on a road, provided that the driver:

(a) drives the vehicle at a speed that does not impede or interfere with traffic; and
(b) displays a ‘for hire’ sign.

4.4(2) A taxi driver must, subject to 3.3(1), 3.3(2), 4.4(4), and 4.4(5), accept:

(a) any hiring offered while the vehicle is available for hire; and
(b) the hirer as passenger and any other person that the hirer may require the driver to accept, up to the maximum number prescribed by the certificate of loading or the number of seats provided (whichever is the lesser).

4.4(3) A taxi driver must not allow any person, except the hirer and persons that the hirer permits, to ride in the vehicle.

4.4(4) A taxi driver must not pick up or set down a passenger if this would create a traffic hazard or impede traffic flow.

4.4(5) A taxi driver must not accept a hire, other than by a means of telecommunication, within 20 metres of a designated stand:

(a) on which a taxi is available for hire; and
(b) that is on the same side of the road as the driver of the vehicle at the time the prospective hire arises.

4.4(6) A taxi driver must, if a multiple tariff meter is in operation, inform the hirer when a change in the tariff setting is being made.

4.5 Taxi stands

4.5(1) A taxi driver may take up position at a stand designated for taxis, or an area designated for small passenger service vehicles, if the taxi is available for hire.

4.5(2) A taxi driver must take the first vacant position on the stand behind the last vehicle.

4.5(3) When a taxi on the stand ahead of the driver moves, the taxi driver must immediately move his or her vehicle into the position vacated.

4.5(4) A taxi driver must accept the first fare offered, whether or not the driver’s vehicle is first on the stand, unless there is a lawful reason to refuse the hire.

4.5(5) A taxi driver must comply with any bylaws relating to the stand.

4.6 Multiple hiring

4.6(1) A taxi driver may allow the simultaneous use of the vehicle by more than one hirer in accordance with this clause.

4.6(2) A taxi driver wishing to undertake a multiple hire must first request the existing hirer to share, without substantial departure from the most advantageous route to the existing hirer’s destination, the use of the vehicle with the prospective hirer and any passenger accompanying the prospective hirer.

4.6(3) If the existing hirer has agreed to a multiple hire, he or she may still object to sharing the vehicle with a prospective hirer and any accompanying passengers once the existing hirer has seen them, and the multiple hire may not then include the prospective hirer or person objected to.

4.6(4) If the existing hirer or hirers agree unconditionally to the request, the taxi driver may then authorise the use of the vehicle by the other hirer and any accompanying passengers.

4.6(5) A taxi driver who undertakes a multiple hire may charge any fare that is agreed with the multiple hirers after any multiple hire discount that is registered with the Director has been deducted, provided that each hirer pays no more than the metered fare that would have been payable by that hirer if he or she had been:

(a) travelling alone; or
(b) if applicable, travelling with accompanying passengers who were not also hirers.

4.6(6) This clause does not apply to a taxi that is operating in accordance with a fare schedule registered with the Director that does not include provision for multiple hiring.

4.7 Schedule of fares, charges, and multiple hire discounts on outside of vehicle

4.7(1) A holder of a passenger service licence who operates a taxi service must ensure that a schedule of fares, charges, and multiple hire discounts is displayed on the outside of a taxi being used under the licence.

4.7(2) The schedule required by 4.7(1) must comply with the format and specifications in Schedule 2 of this Rule.

4.7(3) The schedule must be clearly displayed on the outside front passenger door of the vehicle.

4.7(4) A person must not drive a taxi if that vehicle does not have the schedule displayed on it.

4.7(5) The schedule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a ceremony such as a funeral or wedding.

4.7(6) All fare-related items in the schedule must be inclusive of GST, if charged.

4.8 Schedule of fares, charges, multiple hire discounts and complaints procedure on inside of vehicle

4.8(1) A holder of a passenger service licence who operates a taxi service must display a schedule containing the information specified in 4.8(3) inside every taxi being used under the licence so as to be readily visible to all passengers.

4.8(2) The schedule required by 4.8(1) must comply with the format and specifications in Schedule 2 of this Rule.

4.8(3) The schedule must state that:

(a) fares, charges, and multiple hire discounts; and
(b) the circumstances in which extra charges may be made and the maximum amount of those charges; and
(c) the name and telephone number of the approved taxi organisation to which complaints may be made; and
(d) that complaints may also be made to the Director; and
(e) the address and telephone number of the Director; and
(f) the date the fares were registered with the Director.

4.8(4) A person must not drive a taxi that is available for hire or is being hired if that vehicle does not have displayed in it a schedule containing the information specified in 4.8(3).

4.8(5) The schedule may be removed, with the consent of the hirer, while the vehicle is hired and being used in connection with a ceremony such as a funeral or wedding.

4.8(6) All fare-related items in the schedule specified in 4.8(3) must be inclusive of GST, if charged.

4.9 Fares, charges, and multiple hire discounts to be registered with Director

4.9(1) The fares, charges and multiple hire discounts referred to in 4.7 and 4.8 must be registered with the Director before being displayed in or on a taxi.

4.9(2) A person must not display in or on a taxi any fare, charge, or multiple hire discount that has not been registered with, and acknowledged in writing, by the Director.

4.10 Fare system

4.10(1) A taxi driver must not charge a fare that exceeds the fare or fares stated in the fare schedule registered with the Director.

4.10(2) An agreement to pay a different fare from that shown on the meter is enforceable only if the agreed fare is less than that shown on the meter.

4.10(3) An agreement to pay a fare at a rate exceeding a fare registered with the Director is not enforceable in respect of the excess.

4.10(4) Nothing in this clause prevents the charging or enforceability of any fare under an agreement if:

(a) it is in respect of a multiple hire that complies with 4.6(5); or
(b) the service provided includes services beyond those normally provided by a taxi (such as grooming and decorating for a wedding); or
(c) the agreement is with an approved taxi organisation entered into for the purposes of providing or guaranteeing special services or availability of services.

4.11 Meters and other equipment

4.11(1) A meter must not be used until it has been tested, sealed, and certificated by the Director or a person authorised, by notice in writing, by the Director.

4.11(2) The form of the certificate issued under 4.11(1) must be approved by the Director.

4.11(3) A taxi driver must carry the certificate in the vehicle and ensure that it is produced on demand to an enforcement officer.

4.11(4) A taxi driver or a holder of a passenger service licence who operates a taxi service must not operate a taxi, or allow it to be operated, unless it is fitted with a meter that:

(a) complies with 4.11(1); and
(b) is in good working order and condition; and
(c) correctly registers, as it accrues, the charge for the hire of the vehicle, in accordance with 4.7 and 4.8.

4.11(5) A taxi driver must:

(a) start the meter as soon as one of the following occurs:
- (i) the vehicle has been hired and the journey has started; or
- (ii) the hirer has become aware of the vehicle’s arrival (except if the hirer becomes aware of the vehicle’s arrival at a time earlier than that for which the vehicle was ordered);

(b) unless (d) applies, keep the meter operating throughout the period of hiring and not stop the meter or cause or permit it to be stopped until the hiring has ended;

(c) stop the meter immediately at the end of the hiring or part of the hiring during which the meter must be operated, but continue to display the fare until payment is made;

(d) stop the meter if the vehicle is stopped by an enforcement officer or is involved in an accident or becomes disabled, and must not restart the meter until the journey resumes;

(e) ensure that the face of the meter is sufficiently illuminated during a period of hire so that the meter may be easily read at any time by the hirer.

4.11(6) A taxi driver must not:

(a) use a meter with intent to deceive; or
(b) operate the vehicle if the meter has been tampered with.

4.11(7) A holder of a passenger service licence who operates a taxi service must:

(a) maintain the meter in good working order and condition and have it tested, sealed, and certificated by the Director or a person authorised by the Director at intervals not greater than six months apart;

(b) ensure that, if the meter ceases to register or is in any other way out of order, or whenever the seal of the meter is broken or not in place:
- (i) the driver stops plying for hire (unless authorised by an enforcement officer); and
- (ii) the meter is repaired, tested, sealed, and certificated by the Director or a person authorised by the Director;

(c) ensure that the meter is retested, sealed, and certificated by the Director or a person authorised by the Director before the vehicle carries any passengers for hire:
- (i) following any alterations made to the vehicle or to the size of the tyres or fittings attached to the vehicle that may affect the accuracy of the meter; or
- (ii) if any changes are made to the fare rates.

4.11(8) If, after testing or inspection, the meter is found to be not registering or to be registering incorrectly, the licence holder must ensure that, unless authorised by an enforcement officer, the vehicle is not available for hire until the meter has been repaired, sealed, and certificated to the satisfaction of the Director or a person authorised by the Director.

4.11(9) An enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may stop a taxi for any purpose connected with this clause, and inspect the vehicle and inspect or test a meter or any other equipment fitted to the vehicle.

4.11(10) An enforcement officer may, in writing, direct a person operating a taxi to proceed immediately, or at a specified time, to any place in order that the vehicle or any equipment in it may be inspected or tested by the Director or a person authorised by the Director.

4.12 Drivers to use the most advantageous route to hirer

Subject to 4.6, a taxi driver must, unless requested or agreed by the hirer, travel from the place the hirer enters the vehicle to the intended destination of the hirer without any unnecessary deviation from the route that is most advantageous to the hirer.

4.13 Area knowledge certificates

4.13(1) The Director may, by a Deed of Approval, approve a person or organisation to issue an area knowledge certificate.

4.13(2) A person must not cause or permit a taxi driver to accept a hire in any of the areas specified in Schedule 4 unless the driver holds an area knowledge certificate or certificates for that area.

4.13(3) An area knowledge certificate must relate specifically to an operating area (as notified to the Director under 8.1(h)) of the approved taxi organisation for which the applicant intends to drive.

4.13(4) If the boundary of an area is not specified in Schedule 4, the boundary of the local authority or authorities applies.

[Note: ‘Local authority’ is a defined term.]

4.13(5) A taxi driver who holds an area knowledge certificate for an area whose boundary is altered by any amendment to Schedule 4 is deemed to hold an area knowledge certificate for that altered area.

4.13(6) A taxi driver in Auckland or Wellington must hold all of the area knowledge certificates for the applicable area, as specified in Schedule 4.

4.13(7) A taxi driver who can show evidence of holding an area knowledge certificate for an area in Auckland or Wellington, as specified in Schedule 4,for 12 months or more before 1 October 2007 is deemed to comply with 4.13(6).

4.13(8) A taxi driver who has been driving in Auckland or Wellington for less than 12 months before 1 October 2007 must hold all of the area knowledge certificates for the applicable area by 1 April 2008.

4.13(9) A taxi driver must not accept a hire in any area specified in Schedule 4, unless the driver holds an area knowledge certificate applicable to that area.

4.13(10) The area knowledge certificate test, and any revisions to the test, must be approved by the Director.

4.13(11) If the Director believes on reasonable grounds that a taxi driver, including a driver who has already passed an area knowledge test, does not have an adequate knowledge of any operating area of the approved taxi organisation for which he or she is driving, the Director may require the driver to take an area knowledge test for that area.

4.13(12) If the Director believes on reasonable grounds that a taxi driver is not able to demonstrate the ability to communicate in English, the Director may require the driver to take an English language test or complete a course that is approved by the Director.

4.13(13) A requirement issued by the Director under 4.13(11) or 4.13(12) for a taxi driver to take an area knowledge test or an English language test or complete a course must state:

(a) the grounds on which the requirement is based; and
(b) the area or areas specified in Schedule 4 to which the area knowledge relates (if applicable); and
(c) the date by which:
- (i) the area knowledge test or an approved English language test or course must be satisfactorily completed; and
- (ii) the driver must produce evidence to the Director of the satisfactory completion of the test or course; and
(d) that failure to pass the test or satisfactorily complete the course may result in revocation of the driver's area knowledge certificate under 4.13(14).

4.13(14) The Director may revoke the area knowledge certificate of a taxi driver who fails to pass an area knowledge certificate test by the specified date.

4.13(15) Failure to comply with the Director’s requirement to undertake an approved English language test or course is an offence.

4.13(16) An area knowledge certificate must be in a form approved by the Director.

4.13(17) An area knowledge certificate must not be issued unless the applicant has passed a test approved by the Director, which must be conducted in English.

4.13(18) The Director may suspend or revoke an approval to issue an area knowledge certificate given to a person or organisation if the Director considers that the holder of the approval has failed to meet the standard stated in the Deed of Approval granted under 4.13(1).

Section 5 Shuttle services

5.1 General requirements

5.1(1) A holder of a passenger service licence who operates a shuttle service, and a driver of a shuttle, must comply with the requirements in this section and section 3.

[Note: ‘Shuttle’ and ‘shuttle service’ are defined terms. Requirements relating to shuttles are now separated from the requirements relating to other transport services.]

5.1(2) A shuttle may use a stand designated for shuttles only or areas designated for small passenger service vehicles (unless the stand is designated for taxis only).

5.1(3) A shuttle may not be fitted with any sign on the roof of the vehicle.

5.1(4) A shuttle may not use a taxi meter to determine a fare.

5.1(5) A shuttle may not cruise for hire.

5.1(6) A shuttle must be available for the shared use of unassociated passengers.

5.2 Operator identification

5.2(1) A holder of a passenger service licence who operates a shuttle service must ensure that the licence holder’s name, business location and telephone number are clearly displayed, in a form approved by the Director, on the inside and outside of the shuttle.

5.2(2) The licence holder must ensure that the holder’s transport service licence number is displayed, in the form specified in Schedule 2, on the outside of the shuttle.

5.2(3) The information required by 5.2(1) and 5.2(2) must be displayed in a contrasting colour to the background on which it is displayed.

5.2(4) The information required by 5.2(1) must be displayed on the inside of a vehicle in a prominent position at the front of the vehicle, so that a passenger can easily read it.

5.2(5) The information required by 5.2(1) to be displayed on the outside of a vehicle must be positioned on both sides of the vehicle.

5.2(6) The information required by 5.2(2) to be displayed on the outside of a vehicle must be positioned on the forward doors on both sides of the vehicle.

5.3 Duty of driver relating to hiring

Except if 3.3(1) or 3.3(2) applies, if a driver of a shuttle is on duty and available for hire, he or she must accept:

(a) any hiring of the vehicle for the shared use of other passengers; and
(b) the hirer as a passenger.

5.4 Shuttle journeys

5.4(1) A shuttle service must be operated to or from a registered starting or end point.

5.4(2) Either the starting or end point of a shuttle service must be an airport, or a bus or ferry terminal, or a railway station.

5.4(3) Before commencing a shuttle service, a holder of a passenger service licence who operates a shuttle service must register the shuttle service and the general area of operation with the Director.

5.4(4) The Director must acknowledge the registration under 5.4(3) in writing.

5.4(5) The shuttle driver must carry a copy of the Director’s acknowledgement of the registration and must produce it without delay for inspection on demand by an enforcement officer.

5.4(6) A shuttle passenger may be uplifted:

(a) at an airport, or a bus or ferry terminal, or a railway station; or
(b) at any point, provided that the passenger is set down only at an airport, or a bus or ferry terminal, or a railway station.

5.5 Information to be displayed or carried

5.5(1) A shuttle driver may only charge a fare that has been registered with the Director or that has been agreed with the prospective passenger or passengers.

5.5(2) A holder of a passenger service licence who operates a shuttle service must ensure that a detailed fare schedule (inclusive of GST, if charged) is carried in a shuttle or shuttles being used under the licence.

5.5(3) A notice for prospective passengers advising that a detailed fare schedule is available on request from the driver must be displayed in a readily visible position on the inside or outside of a shuttle.

5.5(4) A shuttle driver must produce to a prospective passenger a detailed fare schedule when requested to do so.

5.5(5) A notice for prospective passengers must be displayed in a readily visible position on the inside of a shuttle:

(a) stating the name and telephone number of a person to whom complaints may be made; and
(b) advising that complaints may also be made to the Director; and
(c) stating the address and telephone number of the Director.

5.5(6) The schedule required by 5.5(2) must state:

(a) the pre-determined fare per person; and
(b) the circumstances in which extra charges may be made and the maximum amount of those charges.

5.5(7) A person may not drive a shuttle that is available for hire, unless:

(a) the vehicle displays the notices containing the information required by 5.5(3) and 5.5(5); and
(b) the driver carries a schedule containing the information specified in 5.5(6).

5.5(8) All fare-related items in the schedule required by 5.5(2) must be inclusive of GST, if charged.

5.6 Shuttle stands

5.6(1) A shuttle driver whose vehicle is available for hire must take up position at a designated shuttle stand, or at an area designated for small passenger service vehicles (unless the stand is designated for taxis only).

5.6(2) A shuttle driver must take the first vacant position on the stand behind the last vehicle.

5.6(3) When a shuttle ahead of the driver on the stand moves, the shuttle driver must immediately move his or her vehicle into the position vacated.

5.6(4) A shuttle driver must comply with any bylaws relating to the stand.

5.7 Fares and charges to be registered with Director

5.7(1) Before commencing a shuttle service, the fares and charges referred to in 5.5(6) must be registered with, and acknowledged in writing by, the Director.

5.7(2) The fares registered with the Director must be inclusive of GST, if charged.

5.7(3) A driver of a shuttle must not charge a fare that exceeds the fare (or scale of fares) registered with the Director.

5.7(4) An agreement to pay a different fare is enforceable only if the agreed fare is less than the fare registered with the Director.

5.7(5) A representative of a group of shuttle operators may register a uniform fare schedule with the Director on behalf of the group, provided that:

(a) the members of the group operate in the same specified area; and
(b) the representative provides to the Director the name and passenger service licence number of each operator.

Section 6 Private hire services

6.1 General requirements

6.1(1) A holder of a passenger service licence who operates a private hire service and a driver of a private hire vehicle must comply with the requirements in this section and section 3.

[Note: ‘Private hire service’ and ‘private hire vehicle’ are defined terms. Requirements relating to private hire services are now separated from the requirements relating to other transport services.]

6.1(2) A private hire vehicle may not cruise for hire.

6.1(3) A private hire vehicle may not be fitted with any sign on the roof of the vehicle.

6.1(4) A private hire vehicle must be pre-booked.

6.1(5) A driver of a private hire vehicle may not use a taxi meter to determine a fare.

6.1(6) A driver of a private hire vehicle may only charge a set fare or an hourly rate agreed with the prospective passenger at the time of booking.

6.1(7) Before commencing a private hire service, a private hire service operator must register with the Director details of the nature of the private hire service and the general area of operation.

6.1(8) The Director must acknowledge the registration under 6.1(7) in writing.

6.2 Operator identification

A driver of a private hire vehicle must carry in the vehicle the full name, business location, telephone number, and transport service licence number of the licence holder, and a copy of the Director’s acknowledgement of registration under 6.1(8),and must produce these details without delay for inspection on demand by an enforcement officer.

6.3 Designated stands

6.3(1) A driver of a private hire vehicle may take up a position at a designated vehicle stand for small passenger service vehicles (unless the stand is designated for taxis or shuttles only) if the private hire vehicle is waiting for a pre-booked passenger.

6.3(2) A driver of a private hire vehicle must comply with any bylaws relating to the stand.

Section 7 Other services using a small passenger service vehicle

7.1 General requirements

7.1(1) This section applies to a holder of a passenger service licence who operates a passenger service using a small passenger service vehicle that is not being operated in a taxi, shuttle, or private hire service.

[Note: 'Passenger service' is a defined term.]

7.1(2) Before commencing a service referred to in 7.1(1), an operator must register with the Director details of the nature of the service and the general area of operation and must seek the Director’s approval of the service.

7.1(3) The Director must acknowledge in writing the registration under 7.1(2), and may impose conditions under which the service is to be operated.

7.1(4) The driver of the vehicle must carry a copy of the Director’s approval and must produce it without delay for inspection on demand by an enforcement officer.

7.2 Driver identification

A driver of a small passenger service vehicle that is not otherwise being operated in a taxi, shuttle, or private hire service must comply with the requirements in 3.2.

7.3 Other duties of drivers

A driver of a small passenger service vehicle that is not otherwise being operated in a taxi, shuttle, or private hire service must be clean, and must conduct himself or herself in an orderly and civil manner while engaged in the operation of the service.

Section 8 Approved taxi organisations

8.1 Application requirements

An application from a person or an organisation to be an approved taxi organisation must be on a form approved by the Director and include:

(a) the full name of the proposed taxi organisation;
(b) the business address of the proposed taxi organisation;
(c) the telephone number or numbers by which the services of the proposed taxi organisation may be booked;
(d) the full name of any person who is to be a person in control of the proposed taxi organisation;
(e) the full name of the person who is to have control of the proposed taxi organisation and who holds the proposed taxi organisation’s certificate of knowledge of law and practice for approved taxi organisations;
(f) a statement signed by the applicant stating that, to the best of the applicant’s knowledge and belief, all information given by the applicant is correct and the applicant is not disqualified from being a person in control of an approved taxi organisation;
(g) details of the applicant’s proposed signage;
(h) the proposed area or areas of operation;
(i) a copy of the applicant’s proposed operating rules;
(j) details of the applicant’s proposed telecommunications system;
(k) other information as required by the Director.

[Note: ‘Signage’ is a defined term.]

8.2 Public notice of application

8.2(1) A notice of application in a form approved by the Director to be an approved taxi organisation must be published twice, at an interval of not more than seven days, in a local newspaper or newspapers approved by the Director.

8.2(2) The notice must specify the name of the applicant and the names of the natural persons who are to have control of the proposed taxi organisation.

8.2(3) The Director may not grant an application to be an approved taxi organisation until at least 14 days have elapsed following the date of the first publication of the notice.

8.3 Certificate of knowledge of law and practice for approved taxi organisations

8.3(1) A person is entitled to obtain, or continue to hold, an approval to be an approved taxi organisation only if that person, or another person who has or is to have control of the service, holds a certificate of knowledge of law and practice for approved taxi organisations.

8.3(2) At least one of the persons who has or is to have control of an approved taxi organisation must hold a certificate of knowledge of law and practice for approved taxi organisations.

8.3(3) Despite 8.3(1) and 8.3(2), the Director, having regard to the limited or infrequent nature of the service, or proposed service, may waive the requirement for an applicant to be an approved taxi organisation for whatever limited period and subject to any conditions that the Director may determine.

8.3(4) A person in control of an approved taxi organisation before 1 October 2007 is deemed to be a holder of a certificate of knowledge of law and practice for approved taxi organisations.

8.3(5) The content of a certificate of law and practice test for approved taxi organisations (and any revision to the content of the test), the test provider, and the form of the certificate of knowledge of law and practice must be approved by the Director.

8.3(6) A person in control of an approved taxi organisation must pass the test to hold a certificate of knowledge of law and practice for approved taxi organisations if he or she has had an approval granted under section 30Q or 30P of the Act and revoked under section 30R and reapplies to be an approved taxi organisation.

8.3(7) If the Director believes on reasonable grounds that the holder of a certificate of knowledge of law and practice for approved taxi organisations does not have an adequate knowledge of the laws and practices concerning the safe operation of the organisation to which the approval relates, the Director may require the holder to pass another test for a certificate of knowledge of law and practice for approved taxi organisations.

8.3(8) Failure to satisfactorily complete the test under 8.3(7) invalidates the holder’s certificate of knowledge of law and practice and the holder’s approval may then be revoked in accordance with section 30R of the Act.

8.4 Approved taxi organisation’s operating rules

8.4(1) An approved taxi organisation must submit to the Director, for the Director’s approval and before the change occurs, a copy of every amendment to the organisation’s approved operating rules.

8.4(2) The Director may approve rules and changes submitted under 8.4(1) if satisfied that the rules or amended rules are likely to give the organisation adequate control over its members and their drivers.

8.4(3) An approved taxi organisation must ensure that its members and their drivers comply with the organisation’s approved operating rules.

8.5 Operating requirements

8.5(1) An approved taxi organisation must:

(a) ensure that each of its members who operates a taxi service holds a passenger service licence; and
(b) ensure that the services of its members who operate taxis are available to the public:
- (i) 24 hours a day and seven days a week, through a telecommunications system approved by the Director; or
- (ii) for a lesser period or in some other manner as may be specified by the Director as the condition of an exemption granted under 8.7(2); and
(c) ensure that, as soon as practicable after the signage has been approved by the Director, the telephone number (or numbers) relating to each approved signage is advertised in the White Pages of the telephone directory covering the area in which the service operates; and

(d) assign unique fleet numbers to the vehicles of its members; and

(e) maintain a register of:
- (i) licence holders who are members of the organisation and their passenger service licence numbers; and
- (ii) drivers who are members of the organisation or are employed by members of the organisation or by the organisation itself, their driver licence numbers, and the area knowledge certificate or certificates they hold; and
- (iii) the unique fleet number assigned by the organisation to each vehicle, and the registration plate details of that vehicle; and
- (iv) the number of vehicles operated by each member; and

(f) maintain the register of complaints referred to in 3.5(2) and comply with the requirements in 3.5(3) to 3.5(7); and

(g) ensure that its members and their drivers hold appropriate area knowledge certificates as required by 4.13; and

(h) ensure that its members and their drivers maintain an adequate knowledge of the organisation’s current operating area, and have an appropriate ability to communicate in English; and

(i) ensure that each driver who is a member of the organisation or who is employed by a member of the organisation or by the organisation itself holds:
- (i) a current driver licence; and
- (ii) a current passenger (P) endorsement issued in accordance with clause 27 of the Land Transport (Driver Licensing) Rule 1999; and
- (iii) a current driver identification card; and
(j) notify the Director of a change in any person in control, not later than 14 days after a change has occurred; and

(k) notify the Director of a change in its business address or telephone number, not later than 14 days after a change has occurred; and

(l) report to the Director, as soon as reasonably practicable, and in any case not later than 48 hours after the termination, the full name and driver licence number of a driver who is a member, or is employed by a member, of an approved taxi organisation and whose membership or employment has been terminated because of improper behaviour, including, but not limited to, violence, assaults, sexual offences, or driving while under the influence of alcohol or drugs; and

(m) report to the Director, as soon as reasonably practicable, and in any case not later than 48 hours after a complaint is lodged with the organisation, any complaints that are of a serious nature (including behaviour specified in (l)), together with any follow-up action that has been taken or is being taken to address each complaint; and

(n) provide the Director with all information that is relevant to the complaints reported to the Director as required by (m); and

(o) record the log-on and log-off times of each of its drivers, and retain those records for 12 months; and

(p) make the register required by 8.5(1)(e) available at reasonable times during normal business hours for inspection on demand by an enforcement officer; and

(q) ensure that its members only display signage that is currently approved by the Director in accordance with section 30Q(1)(g) of the Act for use by that organisation, and display the fare schedule and a telephone number in respect of that signage; and

(r) ensure that its members discontinue using signage that has been replaced by new or altered signage; and

(s) ensure that a change made to an approved signage, or to any additional signage, is approved by the Director.

8.5(2) The Director may only approve more than one signage for an approved taxi organisation if the services offered under each signage are clearly distinguishable by locality or type of service.

8.5(3) For the avoidance of doubt, if an approved taxi organisation has more than one signage approved by the Director for use by that approved taxi organisation before 1 October 2007, the signage may continue in use until replaced by new or altered signage.

8.5(4) Any approved signage that has been replaced by new or altered signage is null and void and its use must be discontinued.

8.6 Fare schedules of organisations

8.6(1) An approved taxi organisation must register with the Director: .

(a) a fare, charge, and multiple hire discount schedule (inclusive of GST, if charged) for each signage approved by the Director for that organisation, irrespective of whether the vehicles are operated under a licence held by the organisation or under licences held by members of the organisation; and
(b) a uniform fare, charge, and multiple discount schedule for all taxis operated by the organisation or by members of the organisation, the fares of which must be inclusive of GST, if charged; or
(c) a uniform fare, charge, and multiple hire discount schedule for each approved taxi signage operated by the organisation, the fares of which must be inclusive of GST, if charged.

8.6(2) An agreement between operators of small passenger service vehicles to comply with a schedule required by 8.6(1), or by rules that require compliance with that schedule, and the enforcement of that schedule, is authorised for the purposes of the Commerce Act 1986

8.7 Other requirements

8.7(1) An approved taxi organisation must notify to the Director any changes made to its operating area or areas.

8.7(2) The Director may, in respect of a taxi service provided by an approved taxi organisation in a particular region, exempt the organisation from the requirements in 8.5(1)(b)(i) if, in the opinion of the Director, following consultation with the applicable regional council, public demand does not require that level of service.

[Note: 'Regional council' is a defined term.]

8.7(3) An exemption granted under 8.7(2) may:

(a) be subject to conditions that the Director may specify;
(b) be granted, revoked, or modified by the Director at any time, after giving such notice and such opportunity to make submissions on the matter as may be reasonable in all the circumstances to:
- (i) the approved taxi organisation concerned; and
- (ii) any other approved taxi organisation that may be affected by the proposed grant, revocation, or modification of the exemption.

Section 9 Rental services

9.1 Register of vehicles and hirers

9.1(1) A holder of a rental service licence must:

(a) keep a register of vehicles and hirers; and
(b) ensure that the following details of every hire are entered in the register:
- (i) the make, model, and vehicle registration plate details of the vehicle;
- (ii) the date and time of the commencement of the vehicle hire;
- (iii) the full name and address of the hirer of the vehicle.

9.1(2) A holder of a rental service licence must, if requested by the Director to do so, produce without delay for inspection by an enforcement officer, the register required in 9.1(1) containing the transactions for the three years preceding the date of that request.

9.2 Obligations of rental service licence holder

9.2(1) A holder of a rental service licence and a hirer of a rental service vehicle operated under that licence must enter into a written agreement for the hire of that vehicle.

9.2(2) The agreement referred to in 9.2(1) must, in addition to the requirements specified in 9.3, include the terms set out in:

(a) clauses 1 to 10 of Schedule 3; and
(b) clause 11 of Schedule 3, if the holder of a rental service licence intends to charge an infringement fee to the hirer’s credit card for an offence in 9.5(2).

9.2(3) A holder of a rental service licence must ensure the hirer receives at least one copy of the agreement.

9.2(4) A holder of a rental service licence must, if requested to do so by the hirer, explain the provisions and content of the hire agreement to the hirer.

9.2(5) A holder of a rental service licence must ensure that a prospective hirer or any person who is to drive the rental service vehicle holds a current and valid driver licence that is appropriate for the vehicle that he or she wishes to hire.

9.3 Hirer’s liability for use of vehicle

9.3(1) The agreement must state the following:

(a) that the hirer of a rental service vehicle must not use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the knowledge of the rental service licence holder for use in a passenger service licensed under Part 4A of the Act; and

(b) that the hirer of a rental service vehicle must not:
- (i) sublet or hire the vehicle to any other person;
- (ii) allow the vehicle to be operated outside his or her authority;
- (iii) operate the vehicle, or allow it to be operated, in circumstances that constitute an offence against section 56, 57, or 58 of the Act;
- (iv) operate the vehicle or allow it to be operated in a race, speed test, rally, or contest;
- (v) operate the vehicle or allow it to be operated in breach of the Act, the Transport Act 1962, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or bylaws relating to road traffic;
- (vi) operate the vehicle or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the vehicle;
- (vii) drive or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current driver licence appropriate for the vehicle.

Note: ‘Gross vehicle mass’ is a defined term.]

9.3(2) A hirer must ensure that a copy of the agreement is:

(a) kept in the vehicle throughout the term of the hire; and
(b) produced without delay for inspection on demand by an enforcement officer.

9.4 Insurance of a hired vehicle

9.4(1) Before entering into an agreement for hire of a rental service vehicle, a holder of a rental service licence must offer vehicle insurance to the prospective hirer.

9.4(2) A prospective hirer does not have to accept the insurance cover offered by the holder of a rental service licence.

9.4(3) If a prospective hirer does not accept the insurance cover offered by the holder of a rental service licence, the prospective hirer must provide alternative vehicle insurance cover that is comparable with the insurance cover offered by the licence holder.

9.4(4) If a prospective hirer’s own insurance cover is not comparable with the insurance cover provided by the holder of a rental service licence, the licence holder has the right to refuse to hire the vehicle to the prospective hirer.

9.5 Hirer’s liability for infringement fees

9.5(1) A holder of a rental service licence may charge an infringement fee to a hirer’s credit card if:

(a) that fee arises from an offence that is listed in 9.5(2); and
(b) the offence is committed during the period of hire; and
(c) the hirer is notified in the rental service agreement of the liability for an infringement fee for an offence in 9.5(2).

9.5(2) The offences referred to in 9.5(1) are:

(a) an offence detected by approved vehicle surveillance equipment that is:
- (i) a speeding offence; or
- (ii) an offence in respect of failure to comply with the directions given by a traffic signal; or
- (iii) a toll offence; or
(b) parking in any portion of a road in breach of any bylaw of a road controlling authority or Part 6 of the Land Transport (Road User) Rule 2004.

[Note: ‘Approved vehicle surveillance equipment’ is a defined term.]

9.5(3) A holder of a rental service licence may not charge an infringement fee to a hirer’s credit card unless the hirer has been notified in the rental service agreement of:

(a) the liability for an offence in 9.5(2); and
(b) the licence holder's undertaking to send a copy of the infringement notice and a copy of the reminder notice as soon as is practicable; and
(c) the hirer's right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority; and
(d) the hirer's right to seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).

9.5(4) At the time of hiring, the holder of a rental service licence must obtain confirmation in writing from the hirer that the hirer has been notified of the information specified in 9.5(3).

9.5(5) Unless 9.5(6) applies, before debiting a hirer’s credit card for an infringement fee for an offence in 9.5(2), a holder of a rental service licence must:

(a) forward a copy of the infringement notice, and of the rental service agreement, to the permanent address provided by the hirer in the rental service agreement, within five working days of receipt of the infringement notice; and
(b) notify the hirer that if the licence holder receives a reminder notice for that offence, the holder will debit the hirer’s credit card for the amount of the infringement fee.

9.5(6) If a holder of a rental service licence does not receive an infringement notice for an offence in 9.5(2) committed during a period of hire, but receives a reminder notice for that offence, the licence holder must:

(a) forward a copy of the reminder notice, and of the rental service agreement, to the permanent address provided by the hirer in the rental service agreement, within five working days of receipt of the reminder notice; and
(b) notify the hirer that the holder will be debiting the hirer’s credit card for the amount of the infringement fee.

9.5(7) The holder of a rental service licence may charge an administration fee, which must be specified in the rental service agreement, to cover the cost of debiting the hirer’s credit card.

9.5(8) The holder of a rental service licence must keep copies of the infringement notice, reminder notice and the rental service agreement for six months from the date of the latest notice.

9.5(9) The holder of a rental service licence must remit any infringement fee paid by the hirer to the appropriate enforcement authority as soon as is practicable.

Section 10 Vehicle recovery services

10.1 Operator identification

10.1(1) A holder of a vehicle recovery service licence must ensure that the following information is clearly displayed on both the inside and the outside of every vehicle used under the licence, in a form approved by the Director:

(a) the name, business location, and contact telephone number of the licence holder; and
(b) the name of any vehicle recovery service organisation of which the holder is a member.

[Note: ‘Vehicle recovery service’ is a defined term]

10.1(2) A holder of a vehicle recovery service licence must ensure that the holder’s transport service licence number, in the form specified in Schedule 2, is displayed on the outside of the vehicle.

10.1(3) The information required by 10.1(1) and 10.1(2) must be displayed in a contrasting colour to the background on which it is displayed.

10.1(4) The information required by 10.1(1) and 10.1(2) to be displayed on the outside of the vehicle must be clearly positioned on the forward doors of both sides of the vehicle.

10.1(5) Subclauses 10.1(1) and 10.1(2) do not apply if the vehicle is operated under a certificate of responsibility and the certificate is carried in the vehicle and can be produced on demand by an enforcement officer.

10.2 Operator responsibility

A holder of a vehicle recovery service licence is responsible for the conduct of his or her drivers and employees based at the licence holder’s business location in respect of that vehicle recovery service.

10.3 Driver identification

10.3(1) A driver of a vehicle recovery service vehicle must wear, in a readily visible position, his or her driver identification card that complies with 10.3(3) and 10.3(4).

10.3(2) An application for a driver identification card must be made in accordance with clause 36 of the Land Transport (Driver Licensing) Rule 1999.

10.3(3) The form of a driver identification card must comply with clause 65 of the Land Transport (Driver Licensing) Rule 1999.

10.3(4) A driver identification card must:

(a) contain a recent photograph of the driver; and
(b) display a unique identifier, being a name comprising a combination of letters approved by the Director, with numbers assigned by the Director to distinguish duplicate names, so that they are:

(i) sufficiently memorable to be easily recalled by users of the service provided by the driver; and
(ii) appropriate to identify the driver from other drivers in any transport service; and

10.3(5) A driver identification card is current for a period not exceeding five years, but the Director may extend, by notice in writing, its currency for a period not exceeding 12 months.

10.4 Driver behaviour

A driver of a vehicle recovery service vehicle must behave in an orderly and civil manner at all times while engaged in the operation of a vehicle recovery service.

10.5 Driver responsible for behaviour of passengers

10.5(1) Except in respect of persons specified in 10.5(2), a driver of a vehicle recvery service vehicle is responsible for ensuring that any passenger the driver allows in the vehicle does not engage in threatening or improper behaviour.

10.5(2) The persons referred to in 10.5(1) are:

(a) any person who was an occupant of a vehicle being towed;
(b) any other person who holds a licence entitling that person to drive a vehicle recovery service vehicle;
(c) the holder of the vehicle recovery service licence or a person having control of the service and named as such on the licence.

10.5(3) Regardless of any lack of fault on the driver’s part, a driver of a vehicle recovery service vehicle is in breach of 10.5(1) if any passenger for whom he or she has responsibility engages in threatening or improper behaviour while the passenger is in the vehicle, or in the vicinity of the vehicle:

(a) when the vehicle is attending a crash or breakdown; or
(b) in any other situation in which the vehicle’s services may be required.

10.6 Driver to comply with direction of enforcement officer or ambulance officer

10.6(1) A driver of a vehicle recovery service vehicle must, if so directed by an enforcement officer, a fire officer, or an ambulance officer, move himself or herself, and the vehicle, away from the immediate vicinity of a crash scene.

10.6(2) The driver of a vehicle recovery service vehicle must ensure the removal of a person who has arrived at the crash as a passenger in the vehicle (other than a person listed in 10.5(2)(a) to (c)), if an enforcement officer, a fire officer, or an ambulance officer directs that person’s removal.

10.6(3) A driver of a vehicle recovery service vehicle is in breach of 10.6(2) if the passenger fails to comply with that direction, regardless of any lack of fault on the part of the driver.

10.7 Advertising material

A holder of a vehicle recovery service licence must not allow a recovery service vehicle to be used in the service if there is advertising material on the outside or the inside of the vehicle that:

(a) is applied to glazing; or
(b) may impede vision from or into the vehicle; or
(c) may obscure a notice, sign, or other matter required by this Rule or other enactment to be displayed in or on the vehicle.

10.8 Animals prohibited

10.8(1) Subject to 10.8(2), a holder of a vehicle recovery service licence and a driver of a vehicle recovery service vehicle used in the service must not allow an animal to be transported in or on that vehicle at any time when the vehicle is being used or is available for use in the service.

10.8(2) The following animals may be carried in or on a vehicle recovery service vehicle:

(a) an animal that was in a vehicle involved in the crash or breakdown or other situation that the vehicle recovery service vehicle was attending;
(b) any stock involved in a crash if it is appropriate for that stock to be transported by the vehicle from the scene of the crash.

10.9 Tow authority

10.9(1) A vehicle recovery service vehicle may not tow a vehicle unless a tow authority has been completed and is carried in the vehicle recovery service vehicle, and can be produced on demand to an enforcement officer.

[‘Tow authority’ is a defined term.]

10.9(2) A tow authority must be in a form approved by the Director and must contain the following:

(a) the make, model, colour, and vehicle registration plate details of the vehicle being moved;
(b) the date, time, and place of pick-up;
(c) the intended place of set down (and the actual place of set down, if different);
(d) the time of set down, to be completed on set down;
(e) the name, address, and, where practicable, the signature of the person ordering the vehicle to be moved;
(f) the name, address, and signature of the driver of the vehicle recovery service vehicle;
(g) an indication of whether the reason for the vehicle being moved was a crash, a breakdown, vehicle impoundment, or an unauthorised parking of the vehicle.

[Note: Land Transport Rule: Work Time and Logbooks provides for tow authorities to be maintained as an alternative to logbooks.]

Land Transport Rule

Operator Licensing 2007

Rule 81001

Contents

Objective of the Rule