Australian Capital Territory
Road Transport (General) (Vehicle Registration) Exemption 2008 (No 2)
Disallowable instrument DI2008—299
made under the
Road Transport (General) Act 1999, s13 (Power to exclude vehicles, persons or animals from road transport legislation)

EXPLANATORY STATEMENT

Subsection 13(1) of the Road Transport (General) Act 1999 (the Act) empowers the Minister to declare that the road transport legislation does not apply to a vehicle, person or animal in a place or circumstance stated in the declaration.  

Section 32B (2) of the Road Transport (Vehicle Registration) Regulation 2000 (the regulation) provides that the Road Transport Authority must refuse to approve an application for registration of a vehicle as a wheelchair accessible taxis if:
            (a)		the vehicle has been used as a taxi for 8 years or more; or
            (b)	for an application for the 1st registration of the vehicle as a wheelchair-accessible taxi—the vehicle is as a wheelchair-accessible taxi—the vehicle is 2 years old or older.

The purpose of this instrument is to exempt a 2000 Toyota Commuter 120 series wheelchair accessible taxi identified by VIN JT743UHC704003453S from the provisions of the regulation, so that it may continue to be used as a wheelchair taxi after it reaches the maximum permissible time for which a vehicle may be used as a taxi.  

Allowing the vehicle to remain on the road maintains the number of wheelchair accessible taxis operating and able to undertake jobs involving larger wheelchairs or double wheelchair bookings.

The operator has indicated that the vehicle is in good conditional and fully operational as a wheelchair accessible taxi.  To avoid any doubt about the safety of the vehicle, the vehicle must pass a roadworthy inspection by 31 December 2008. This will ensure that passenger safety is not compromised.