Division 2 — Street-hail fare pricing policy
[20/2019]
Street-hail fare pricing policy orders
43.—(1)  Subject to subsection (4) and any regulations made under subsection (8), the Council may, by order in the Gazette (called a street‑hail fare pricing policy order), set the pricing policy for street‑hail fares for any street‑hail service.
[31/2015; 20/2019]
(2)  A street‑hail fare pricing policy order for a street‑hail service may set the price‑fixing factors for street‑hail fares in any manner the Council considers appropriate, including —
(a)fixing the components of street‑hail fares for the street‑hail service;
(b)fixing the pricing policy or principles that are to be applied in relation to the street‑hail service provided;
(c)specifying a factor or factors to be applied, and the manner in which such a factor is or factors are to be applied, in setting street‑hail fares or terms and conditions for the street‑hail service provided;
(d)fixing the basis on which prices of street‑hail fares are to be calculated for different taxis, for different types of journeys by taxis, for different passengers or for hiring of taxis in different circumstances;
(e)fixing a price for components of a street‑hail fare where a street‑hail common pricing scheme is permitted and there is no street‑hail common pricing scheme in effect;
(f)fixing a maximum or minimum price or price range, or a maximum rate of increase or decrease or minimum rate of increase or decrease in the price or the maximum and minimum price for street‑hail fares for the street‑hail service provided, or other price control formula;
(g)regulating or prohibiting payment surcharges and charges on transactions involving payment of a street‑hail fare; and
(h)any other terms the Council considers appropriate.
[31/2015; 20/2019]
(3)  A street‑hail fare pricing policy order for a street‑hail service may —
(a)permit the street‑hail industry participants, by a street‑hail common pricing scheme, to vary one or more components of a street‑hail fare for the street‑hail service set for that component in the street‑hail fare pricing policy order; and
(b)require a street‑hail industry participant to provide information to other street‑hail industry participants, passengers, prospective passengers or others, or generally publish, or cause to be published, information, relating to its prices of and pricing policies for street‑hail fares for street‑hail services provided by the street‑hail industry participant.
[31/2015; 20/2019]
(4)  In making a street‑hail fare pricing policy order, the Council may consider the following factors:
(a)the demand and supply of street‑hail services and ride‑hail services;
(b)the standards of quality, reliability and safety of the street‑hail services and ride‑hail services, whether those standards are specified by legislation, agreement or otherwise, and any suggested or actual changes to those standards;
(c)the need for greater efficiency in providing passengers responsive, safe, competitive, efficient and accessible street‑hail services and ride‑hail services;
(d)any other matters that the Council considers relevant.
[31/2015; 20/2019]
(5)  A street‑hail fare pricing policy order under subsection (1) takes effect on a date specified in the order, and —
(a)cannot be varied (except as contemplated by the order); and
(b)may be revoked by the Council with or without making another street‑hail fare pricing policy order in replacement.
[31/2015; 20/2019]
(6)  Before the date a street‑hail fare pricing policy order under subsection (1) comes into effect, the Council must give notice of the making of the order in such manner as will secure adequate publicity for it.
[31/2015; 20/2019]
(7)  However, failure to comply with subsection (6) in respect of any such order under subsection (1) does not in itself invalidate the order.
[31/2015]
(8)  The Minister may make regulations prescribing the content, form and procedure that must be followed by the Council in connection with the preparation and making of a street‑hail fare pricing policy order for the purposes of subsection (1).
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[31/2015; 20/2019]
Lodgment of street‑hail fares and street‑hail common pricing schemes
44.—(1)  Within the prescribed period after a street‑hail fare pricing policy order is made for any street‑hail service but before it takes effect for the street‑hail service, every street‑hail industry participant providing that street‑hail service must —
(a)determine the prices of street‑hail fares for that street‑hail service if no prices are set by that order; and
(b)lodge with the Council those prices determined, together with any supporting information the Council may require.
[31/2015; 20/2019]
(2)  Where a street‑hail fare pricing policy order for a street‑hail service permits a street‑hail common pricing scheme to vary one or more components of the street‑hail fare in the street‑hail fare pricing policy order, the prescribed street‑hail industry participants for the street‑hail common pricing scheme —
(a)may start collective negotiations among themselves to determine the common prices of those components of street‑hail fares to be charged, or to vary those common prices, and the period during which those prices will apply; and
(b)must lodge with the Council the street‑hail common pricing scheme with the common prices determined or varied under that scheme and the effective date of those prices, together with any supporting information the Council may require.
[31/2015; 20/2019]
(3)  The common prices last lodged with the Council under subsection (2)(b) for any component of a street‑hail fare for street‑hail services have the effect of varying, from the date specified in the lodgment, any price set by the Council in the street‑hail fare pricing policy order for that component for those street‑hail services (even though not agreed to by all the prescribed street‑hail industry participants providing those street‑hail services) until the street‑hail common pricing scheme is terminated.
[31/2015; 20/2019]
(4)  A group of licensed taxi drivers who drive taxis not owned by a street‑hail service licensee may appoint an association, organisation or a body (whether corporate or unincorporate) recognised by the Council for the purpose of this section to be a bargaining representative to negotiate a street‑hail common pricing scheme on behalf of the group.
[31/2015; 20/2019]
(5)  To have effect, a street‑hail common pricing scheme for any component of a street‑hail fare —
(a)must be in writing;
(b)must be agreed to by the street‑hail industry participants prescribed for that component of the street‑hail fare;
(c)must be made after following the procedure (if prescribed) in connection with the preparation and making; and
(d)must state a process for dispute resolution.
[31/2015; 20/2019]
(6)  A street‑hail industry participant may be party to more than one street‑hail common pricing scheme.
[31/2015; 20/2019]
(7)  For the purposes of the Third Schedule to the Competition Act 2004, every street‑hail common pricing scheme permitted by a street‑hail fare pricing policy order is, when made, to be regarded as an agreement made in order to comply with a legal requirement.
[23C
[31/2015; 20/2019]