INDUSTRY NEWS 21
DISPUTE RESOLUTION TEAM & IMPLIED CONDITIONS NOW IN EFFECT
All taxi driver ‘bailment’ agreements became subject to the new implied conditions in the driver agreement on 30 June 2014. It is now mandatory for drivers and permit holders (formerly operators) to abide by the implied conditions, regardless of any commercial agreement between the two parties.
The TSC has set up a dispute resolution team to handle disputes between taxi drivers & permit holders regarding the implied conditions
While parties are required to meet within seven days (or within a longer period agreed on by the parties) to try and resolve a dispute, the parties may contact the TSC dispute resolution team for assistance if the matter remains unresolved.
Drivers and permit holders must have their dispute reviewed by the TSC before proceeding to the Victorian Small Business Commissioner (VSBC) or the Victorian Civil and Administrative Tribunal (VCAT).
All disputes must be lodged with the TSC in writing via the following options:
Online: via the ‘Complaints & Feedback’ link.
Mail: download a PDF or Word accessible form through the feedback section of the TSC website & mail to:
Dispute Resolution Team
Taxi Services Commission
GPO Box 1716
Melbourne VIC 3001
Full details of the implied conditions are available on our website or from the Customer Service Centre at the TSC.
holders and potential permit holders (formerly operators) who want to enter into an assignment agreement can choose one that lasts indefinitely, or until the parties want to end (terminate) it. Both licence holders and potential permit holders will need to think about the circumstances in which they would want the assignment agreement to terminate, and what rights each party will have to terminate the agreement.
The TSC website features a sample assignment agreement <http://www.taxi.vic.gov.au/owners-and-operators/taxi-owners-and-operators/licence-transfer-and-assignment/assigning-a-taxi-cab-licence>, which may help potential parties decide on circumstances that could lead to an agreement being terminated.
If you have an assignment agreement already in place, it is your responsibility to make sure you comply with your legal obligations under that agreement. If you want to terminate an agreement early, you should first seek independent legal advice about your rights and obligations; the TSC will not ‘cancel’ your agreement just because you want to cancel it. If you have terminated an agreement—either in accordance with the terms of the agreement, by consent of both parties, or by a court order—you will need to provide evidence of this before the TSC can update our records to reflect the termination.
New handling of infringement fines
The Victorian Government will soon be introducing new legislation to govern the collection and management of infringement fines. The new laws are aimed at creating a fairer and more efficient process to manage payment of fines and deal with those who seek to evade compliance.
The new legislation will create the position of ‘Director of Fines Victoria’ and some of the key changes include:
•
•
•
•
•
The Director of Fines Victoria will have broad powers to apply sanctions to people who choose to ignore their outstanding fines and allow them to become warrants. Among those powers will be the ability to suspend driver licences and motor vehicle registrations.
TSC presentations to Victoria Police on taxi camera downloads
All taxis in the metropolitan and urban taxi zones must be fitted with an operational taxi safety camera approved by the TSC. The TSC receives about 800 requests per year to perform downloads of footage from taxi safety cameras, to assist with police investigations. The TSC is the only agency who can download footage from taxi safety cameras on behalf of Victoria Police.
Recently, the TSC presented an overview on the role of the industry regulator, related taxi matters and taxi camera download procedures to members of Victoria Police from the Doncaster Station. A similar presentation was also undertaken for members of Victoria Police’s Sexual Crimes Unit. Both presentations received positive feedback for the useful information they provided.
Did you know that the Taxi Inspection Centre (TIC) conducts free taxi safety camera checks < http://www.taxi.vic.gov.au/drivers/taxi-drivers/driver-safety/safety-cameras-in-taxis>? Please note that the TIC is now located at 10 Mareno Road, Tullamarine.
Taxi inspections in regional towns
In late March 2014, the TSC conducted inspections in over 79 regional and country towns. Taxi booking companies (formerly network service providers) in these towns were advised beforehand of the inspections, allowing them time to ensure vehicles were in a clean and safe condition.
Overall the TSC conducted 318 inspections over a two-week period and is pleased to report that the taxis in country zones have received the highest median Taxi Quality Rating (TQR) in Victoria:
•
•
•
*Ratings range between 1 and 7, where 1 = highest quality taxis and 7 = poorest quality taxis.
The TSC would like to congratulate all permit holders (formerly operators) on the conditions of your taxis and encourage you to keep up the good work. Please report any issues you may have directly to the TSC <[email protected]>—the more information we have, the better placed we will be to shape future operations.
During the regional visits, the most common defects were taxis being overdue for their annual inspections. While the TSC no longer issues permit holders a reminder notice when a vehicle is approaching the due date for its next inspection, the requirement to have a vehicle inspected, and to display a current inspection label (where applicable), remains unchanged.
IMPORTANT NOTES ON ASSIGNMENT AGREEMENTS
Now that 30 June 2014 has passed, licence holders and potential permit holders who want to enter into an assignment agreement can choose one that lasts indefinitely, or until the parties want to end (terminate) it. Both licence holders and potential permit holders will need to think about the circumstances in which they would want the assignment agreement to terminate, and what rights each party will have to terminate the agreement.
The TSC website features a sample assignment agreement, which may help potential parties decide on circumstances that could lead to an agreement being terminated.
If you have an assignment agreement already in place, it is your responsibility to make sure you comply with your legal obligations under that agreement. If you want to terminate an agreement early, you should first seek independent legal advice about your rights and obligations; the TSC will not ‘cancel’ your agreement just because you want to cancel it. If you have terminated an agreement—either in accordance with the terms of the agreement, by consent of both parties, or by a court order—you will need to provide evidence of this before the TSC can update our records to reflect the termination.
New handling of infringement fines
The Victorian Government will soon be introducing new legislation to govern the collection and management of infringement fines. The new laws are aimed at creating a fairer and more efficient process to manage payment of fines and deal with those who seek to evade compliance.
The new legislation will create the position of ‘Director of Fines Victoria’ and some of the key changes include:
•
•
•
•
•
The Director of Fines Victoria will have broad powers to apply sanctions to people who choose to ignore their outstanding fines and allow them to become warrants. Among those powers will be the ability to suspend driver licences and motor vehicle registrations.
TSC presentations to Victoria Police on taxi camera downloads
All taxis in the metropolitan and urban taxi zones must be fitted with an operational taxi safety camera approved by the TSC. The TSC receives about 800 requests per year to perform downloads of footage from taxi safety cameras, to assist with police investigations. The TSC is the only agency who can download footage from taxi safety cameras on behalf of Victoria Police.
Recently, the TSC presented an overview on the role of the industry regulator, related taxi matters and taxi camera download procedures to members of Victoria Police from the Doncaster Station. A similar presentation was also undertaken for members of Victoria Police’s Sexual Crimes Unit. Both presentations received positive feedback for the useful information they provided.
Did you know that the Taxi Inspection Centre (TIC) conducts free taxi safety camera checks < http://www.taxi.vic.gov.au/drivers/taxi-drivers/driver-safety/safety-cameras-in-taxis>? Please note that the TIC is now located at 10 Mareno Road, Tullamarine.
Taxi inspections in regional towns
In late March 2014, the TSC conducted inspections in over 79 regional and country towns. Taxi booking companies (formerly network service providers) in these towns were advised beforehand of the inspections, allowing them time to ensure vehicles were in a clean and safe condition.
Overall the TSC conducted 318 inspections over a two-week period and is pleased to report that the taxis in country zones have received the highest median Taxi Quality Rating (TQR) in Victoria:
•
•
•
*Ratings range between 1 and 7, where 1 = highest quality taxis and 7 = poorest quality taxis.
The TSC would like to congratulate all permit holders (formerly operators) on the conditions of your taxis and encourage you to keep up the good work. Please report any issues you may have directly to the TSC <[email protected]>—the more information we have, the better placed we will be to shape future operations.
During the regional visits, the most common defects were taxis being overdue for their annual inspections. While the TSC no longer issues permit holders a reminder notice when a vehicle is approaching the due date for its next inspection, the requirement to have a vehicle inspected, and to display a current inspection label (where applicable), remains unchanged.