Home > LAWS OF THE REPUBLIC OF VANUATU
Commencement:
4 November 1966
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION
1988
CHAPTER 49
TAXIS
JR 36 of 1966
JR 43 of 1966
JR 17 of 1967
JR 23 of 1967
JR 13 of 1968
JR 12 of 1971
JR 3 of 1972
JR 35 of 1973
JR 29 of 1974
JR 49 of 1975
JR 5 of 1976
JR 10 of 1976
Act 6 of 1980
Act 31 of 1985
ARRANGEMENT
OF SECTIONS
SECTION
PART I
General
1. Interpretation
PART II
Driver's
Permit
2. Public vehicle driver's permit
4. Fees
5. Public vehicle licences
6. Issue of public vehicle licences
7. Limitation of public vehicle licences
9. Inspection of public vehicles
10. Public vehicle licences
fees to be paid
PART IV
Vehicle Signs
11. Display of "Taxi"
sign
PART V
Obligations
of Owners, Drivers and Passengers
13. Taxi fares
14. Driver's obligations
15. Consumption of liquor
16. Certificate of roadworthiness
PART VI
Special Provisions
for Common Vehicles
17. Permit
18. Land Transport Board
19. Powers and
functions of the Board
PART VII
Insurance
20. Compulsory insurance
PART VIII
Penalties
21. Detention of vehicles
23. Offences
24. Creation of offences under by-laws or regional laws and penalties
26. Orders
PART IX
Application
27. Application
SCHEDULE 1 - Permit to drive public vehicle
SCHEDULE 2 - Application for permit to drive public vehicle
SCHEDULE 3 - Fees
SCHEDULE 4 - Public vehicle licence
SCHEDULE 5 - Application for the issue or renewal of a public vehicle licence
SCHEDULE 6 - Certificate of mechanical fitness
SCHEDULE 7 - Daily record
SCHEDULE 8 - Fares
(1) Fares on the island of Efate
(2) Fares
on the island of Espiritu Santo
----------------------------------------------
To control
the operation of taxis.
PART I
GENERAL
INTERPRETATION
1. (1) In this Act unless the
context otherwise requires -
"Board"
means a Land Transport Board established under section 18;
"business licence"
means a licence issued under the Business Licence Act, Cap. 173;
"common vehicle"
means a public vehicle whose seating capacity normally exceeds ten persons
excluding the driver;
"Controller of
Taxes" means the Accountant General or a person acting in such
capacity;
"council"
means a municipal council established in accordance with the Municipalities
Act, Cap. 126 or a local government council established in accordance
with the Decentralisation Act, Cap. 127;
"hire or reward"
means any payment in whatever form and includes presents and exchanges
of services;
"licensing officer"
means a person appointed as such by the Minister for the purposes of
this Act;
"Minister"
means the Minister responsible for home affairs;
"municipality"
means the area of jurisdiction of a municipal council established in
accordance with the Municipalities Act, Cap. 126;
"permit"
means a permit issued by a council authorizing a person to operate a
common vehicle within a municipality or region;
"public vehicle"
means a vehicle being used for the purposes of carrying passengers for
hire or reward; and shall include a vehicle driven by the hirer;
"region"
means a local government region established in accordance with the Decentralisation
Act, Cap. 127;
"taxi" means
a public vehicle which on being hired and during the period of hire
is at the disposal of the hirer as to its destination and not being
driven by him and whose seating capacity is normally limited to ten
persons excluding the driver.
(2) The expression "public
buildings" shall include buildings owned or occupied by the Government
or a council or an agent of the Government or a council, licensed premises
as defined in section 1 of the Liquor Licensing Act, Cap. 52, and places
of entertainment.
(3) References in sections
2(1), 3, 5(3), 6(1) and 8(1) to licensing officer shall be construed
as including references to representatives of the licensing officer
appointed by him for the purpose.
PART II
DRIVER'S
PERMIT
PUBLIC VEHICLE DRIVER'S
PERMIT
2. (1) No person shall
drive a public vehicle unless he is in possession of a valid public
vehicle driver's permit issued by the licensing officer for the region
or municipality in which the said vehicle is to be driven after obtaining
the advice of the Commissioner of Police or an officer authorised in
that behalf.
(2) The
said permit shall be in the form prescribed in Schedule 1.
(3) Every such permit
shall be carried by the person driving a public vehicle and shall be
produced on the demand of a police officer.
(4) Every public vehicle
driver's permit shall expire on 31 December of each year.
(5) Every application
for the renewal of a public vehicle driver's permit shall be made before
the expiry of the said permit.
(6) The provisions of
subsections (1), (2), (3), (4) and (5) shall not apply to a person hiring
a public vehicle to drive himself:
Provided that such person shall produce to the owner of such public vehicle a driving licence valid in the country of origin, if a visitor, or valid in Vanuatu, if a resident. A person hiring a public vehicle shall not carry any passengers for hire or reward.
3. A licensing officer may
issue or renew a public vehicle driver's permit on application being
made in the form prescribed in Schedule 2 if he is satisfied that the
applicant for the said permit -
(a) has passed a test
conducted by the Commissioner of Police, or by persons authorised by
him in that behalf, for the purpose of satisfying himself as to the
applicant's.
(i) ability
to drive a public vehicle;
(ii) knowledge of
the topography of the area in which he intends to drive the said ' public
vehicle; and
(iii) knowledge
of simple English, French or Bislama;
(b) is in possession
of a medical certificate to the effect that he is medically fit to drive
a public vehicle dated not more than 6 months before the date of the
said application;
(c) has been in possession
of a valid current driving licence for a period of not less than 1 year;
(d) has not been convicted
of any offence under the provisions of sections 12, 13, 14 and 16 of
the Road Traffic (Control) Act, Cap. 29 within the previous 2 years;
(e) has not been convicted
of any offences involving drunkenness on his part within the previous
2 years;
(f) is over the age of 21 years.
4. No issue or renewal of
a public vehicle driver's licence shall be made until the fees prescribed
in Schedule 3 shall have been paid to the Controller of Taxes or a person
acting on his behalf.
PART III
VEHICLE LICENCES
5. (1) No person may
drive or cause or allow any taxi to be driven unless he is the owner
thereof and holds a valid public vehicle licence in respect of such
vehicle and otherwise than in accordance with the conditions attached
to such licence.
(2) Every such licence
shall be kept within the public vehicle to which it relates and shall
be produced on demand of a police officer.
(3) Where a public vehicle
in respect of which a public vehicle licence has been issued has not
been used as a public vehicle for a period of 3 months, the said licence
shall be deemed to have expired and shall be surrendered by the owner
of the said vehicle to the licensing officer who issued the said licence.
(4) Every
public vehicle licence shall expire on 31 December of each year.
(5) Where the public vehicle in respect of which a public vehicle licence has been issued is a taxi, the licence shall require the owner of the vehicle to place such vehicle at the disposal of the public for at least 8 hours per day on at least 5 days in each week and if the licensing officer is satisfied that the owner of the vehicle has wilfully failed to observe this requirement he may withdraw the licence.
6. (1) The licensing
officer for the region or municipality in which a public vehicle is
to be driven may, issue or renew a public vehicle licence if he is satisfied
-
(a) that there is
in respect of the said vehicle a certificate of roadworthiness issued
under the provisions of section 9;
(b) that the said
vehicle is properly equipped for the carriage in comfort and cleanliness
of the number of persons it is licensed to carry;
(c) that the said
vehicle is provided with a fire extinguisher in working order kept within
the driver's reach;
(d) that in the
case of a common vehicle the said common vehicle has a metal roof; and
(e) that where the
said vehicle is a taxi, and such taxi is intended to be used within
the municipality of Port Vila or the municipality of Luganville it is
equipped with a taxi meter of a type approved by the Minister or by
a person authorised in that behalf which is visible from outside the
vehicle and which indicates at all times the amount due to be paid in
respect of the journey then being undertaken.
(2) The said licence shall be in the form prescribed in Schedule 4 and shall specify the maximum number of persons that may be carried in the said vehicle.
7. (1) No person shall
sell or transfer or cause to permit to be transferred to another person
a taxi meter of a vehicle to which the provisions of section 6(1)(e)
apply without the prior approval of the licensing officer.
(2) The application for approval under this section shall be made in the prescribed form.
8. (1) Every application
for a public vehicle licence or the renewal thereof shall be made to
the licensing officer for the region or municipality in which the said
vehicle is to be driven on the form prescribed in Schedule 5.
(2) Every application for the renewal of a public vehicle licence shall be made before the expiry of the licence.
9. (1) Every vehicle
in respect of which an application for a public vehicle licence or the
renewal thereof is made shall be submitted by its owner for inspection
by a person or persons authorised by the Director of Public Works.
(2) If the said person
or persons so authorised are satisfied that the said vehicle is in a
fit mechanical condition for the carriage of persons for hire or reward
they shall issue in respect of that vehicle a certificate to that effect
in the form prescribed in Schedule 6.
(3) No vehicle required
to be inspected under the provisions of this Act shall be required to
be inspected under the provisions of section 32 of the Road Traffic
(Control) Act, Cap. 29.
(4) Where the vehicle submitted for inspection under this section is also a vehicle to which the provisions of section 6(1)(e) apply, such inspection shall also include an inspection of the taxi meter and if the said person or persons so authorised are satisfied that the taxi meter is in a fit mechanical or electronic condition for the purposes of section 6(1)(e) they shall issue in respect of that taxi meter a certificate to that effect in the prescribed form.
10. No issue or renewal
of a public vehicle licence shall be made until the fees prescribed
in the Business Licence Act, Cap. 173 shall have been paid to the Controller
of Taxes or a person acting on his behalf.
PART IV
VEHICLE SIGNS
11. (1) No person shall
drive or cause or permit to be driven any public vehicle unless there
is displayed on the said vehicle a notice in letters at least 5 cm (2
inches) in height visible from the front and rear by day and night in
the case of -
(a) any taxi the
word "Taxi";
(b) any
common vehicle the letters "C.V." or "T.C.".
PART V
OBLIGATIONS OF OWNERS, DRIVERS AND PASSENGERS
12. (1) Every owner of
a public vehicle shall keep a daily record in the form prescribed in
Schedule 7.
(2) Every such record shall be kept on the premises of the said owner and shall be produced on the demand of a police officer.
13. (1) No person shall
demand or cause or permit to be demanded any taxi fare in excess of
those prescribed in Schedule 8.
(2) No person shall
drive or cause or permit to be driven any taxi unless there is prominently
displayed in the said taxi a legible copy of that part of the said Schedule
relating to the area in which the taxi is being driven.
(3) No passenger shall refuse to pay in respect of any journey any taxi fare not being in excess of those prescribed in the said Schedule.
14. (1) No person shall
refuse or cause or permit to be refused the carriage of any passenger
in a public vehicle unless -
(d) the carriage
of such a passenger would result in the carriage of passengers in excess
of the number the said vehicle is licensed to carry.
(2) No public vehicle
shall be left parked by its driver other than in a place reserved for
the parking of public vehicles:
Provided that a public
vehicle may be parked outside any premises of which the owner or driver
is the owner or occupier.
(3) No public vehicle
shall be kept waiting by its driver outside any public building for
longer than is necessary for the loading or unloading of its passengers
or their baggage.
(4) No driver of a public vehicle shall wait for his passengers in a public building.
15. No driver of or passenger being carried in a public vehicle shall consume alcoholic liquor within the said vehicle.
16. No person shall drive or
cause or permit to be driven any public vehicle unless -
(a) there is in full
force and effect at that time a valid certificate of roadworthiness
obtained in accordance with the provisions of section 9 with respect
to the said vehicle;
(b) there is kept on
the said vehicle at that time a fire extinguisher in good working order
and within immediate reach of the driver;
(c) where such a vehicle
is a taxi and such taxi is being used within the municipality of Port
Vila or the municipality of Luganville, it is equipped with a taxi meter
in working order as required by the provisions of section 6(1)(e);
(d) there is in full
force and effect at that time a valid public vehicle licence obtained
in accordance with section 6 with respect to the said vehicle.
PART VI
SPECIAL PROVISIONS FOR COMMON VEHICLES
17. (1) Notwithstanding
anything in this Act or the Business Licence Act Cap. 173, or any other
law for the time being in force, no person shall be issued with a business
licence to operate a common vehicle within a municipality or region
or shall have such a licence renewed unless there is first issued to
such person by the relevant council a permit to operate a common vehicle
within that municipality or region.
(2) The issue and renewal
of a permit issued under this section shall be made in accordance with
and subject to such conditions as shall be specified by the council
in by-laws or regional laws made by the council.
(3) The council may charge a fee not exceeding VT10,000 for a permit.
18. (1) Subject to subsections
(2) and (3) there shall be in respect of each region a Land Transport
Board which shall be composed as follows -
(a) the
secretary of the council of the region, chairman;
(b) one representative
of the common vehicle operators appointed by the Minister from among
persons nominated by representative bodies of such operators;
(c) two persons
appointed by the Minister to represent the interests of common vehicle
users;
(d) one councillor
of the council of the region appointed by the Minister from among councillors
nominated by the council of the region.
(2) Notwithstanding
subsection (1), there shall be one Land Transport Board for the Municipality
of Port Vila and the Efate Local Government Region which shall be composed
as follows -
(b) the Town Clerk of
the Municipality of Port Vila;
(c) the
Secretary of the Efate Local Government Council;
(d) one representative
of common vehicle operators appointed by the Minister from among persons
nominated by representative bodies of such operators;
(e) two persons
appointed by the Minister to represent the interests of common vehicle
users;
(f) a councillor
of the Efate Local Government Council appointed by the Minister from
among councillors nominated by that council.
(3) Notwithstanding
subsection (1) there shall be one Land Transport Board for the Municipality
of Luganville and the Santo-Maio Local Government Region which shall
be composed as follows -
(b) the Town Clerk of
the Municipality of Luganville;
(c) the
Secretary of the Santo-Malo Local Government Council;
(d) one representative
of common vehicle operators appointed by the Minister from among persons
nominated by representative bodies of such operators;
(e) two persons
appointed by the Minister to represent the interests of common vehicle
users;
(f) one Councillor
of the Santo-Malo Local Government Council appointed by the Minster
from among councillors nominated by that council.
(4) Any councillor of
a council who becomes a member of a Board in accordance with this section
shall cease to be a member if he ceases to be a councillor of that council.
(5) The members appointed
by the Minister shall hold office for 2 years and shall be eligible
for reappointment to further terms.
(6) The appointed members
may resign from the Board by giving written notice to the Minister and
such resignation shall become effective on the date the notice is received
by the Minister.
(7) The
Minister shall appoint a secretary for each Board.
(8) Every member of a Board including the secretary who is not a public servant or an employee of a council shall be paid such subsistence allowance as the Minister shall prescribe by Order published in the Gazette.
19. (1) A Land Transport
Board shall have all powers necessary to perform the functions prescribed
hereunder.
(2) The
functions of a Board shall be -
(a) to prescribe
the system of fare levying to be used and the fare structure to be charged
by common vehicle operators in municipalities or regions, and a Board
may receive written representations from common vehicle operators or
any member of the public in carrying out this function;
(b) to advise the
Minister on public transport services matters generally.
(3) There shall be a
right of appeal to the Minister, whose decision shall be final, in relation
to any decision of a Board made in the exercise of its functions.
(4) The
Minister shall prescribe the rules of procedure for a Board.
(5) Except for those
Boards established in accordance with sections 18(2) and 18(3) the quorum
for a Board to meet and to continue meeting shall be the chairman and
two other members.
(6) The quorum for the
Board established in accordance with section 18(2) or 18(3) to meet
and to continue meeting shall be the chairman and four other members.
PART VII
INSURANCE
20. No person shall use
or cause or permit any other person to use a public vehicle unless there
is in force relative to the user of the vehicle by that person or that
other person as the case may be, a policy of third party insurance in
accordance with the provisions of section 41 of the Road Traffic (Control)
Act, Cap. 29.
PART VIII
PENALTIES
21. (1) If any person -
(a) drives or causes
or permits to be driven any vehicle as a public vehicle in respect of
which there is no public vehicle licence; or
(b) drives a public
vehicle in contravention of the provisions of section 16 of the Road
Traffic (Control) Act, Cap. 29;
the said vehicle may
be detained by a police officer and may be impounded for a period not
exceeding 10 days.
(2) Where a vehicle
has been detained and impounded under the provisions of paragraph (a)
of subsection (1), no application for a public vehicle licence shall
be made in respect of the said vehicle for a period of 6 months.
(3) Where a vehicle
has been detained and impounded under the provisions of paragraph (b)
of subsection (1), a police officer may seize the driver's public vehicle
driver's permit and the said permit shall be deemed to be invalid from
the moment of seizure and -
(a) for such period
as the Minister in exercise of his powers under section 22 may decide,
or
(b) until such time as it is decided that no criminal proceedings shall be instituted.
(a) any
offence under this Act;
(b) any offence contrary
to section 16 of the Road Traffic (Control) Act, Cap. 29;
(c) any offence involving
the use of abusive or insulting words or behaviour;
(d) any offences involving
assault; or
(e) any offence involving
dishonesty or indecency which has been punished by a sentence of not
less than 3 months' imprisonment,
the
court which convicted the driver may -
(i) in the case of any
conviction, suspend either temporarily or permanently, that person's
public vehicle driver's permit; and
(ii) in the case of a conviction for offences under the provisions of paragraph (a), suspend, either temporarily or permanently, the public vehicle licence of the vehicle concerned.
23. If any person -
(a) contravenes the
provisions of sections 2 or 20 he shall be guilty of an offence and
on conviction therefor shall be liable to a fine not exceeding VT50,000
or to a term of imprisonment not exceeding 1 year or to both such fine
and imprisonment;
(b) contravenes the
provisions of section 5 he shall be guilty of an offence and on conviction
therefor shall be liable to a fine not exceeding VT20,000;
(c) contravenes the
provisions of sections 7, 9, 11, 12, 13, 14, 15 or 17 he shall be guilty
of an offence and on conviction therefor shall be liable to a fine not
exceeding VT10,000.
CREATION OF OFFENCES UNDER
BY-LAWS OR REGIONAL LAWS AND PENALTIES
24. (1) Notwithstanding
anything in this Act and the Municipalities Act, Cap. 126 or the Decentralisation
Act, Cap. 127, by-laws or regional laws made by a council in accordance
with section 17(2) may provide that any contravention thereof or failure
to comply therewith shall be an offence.
(2) Every such by-law
or regional law may provide that in respect of any contravention of
or failure to comply with any of the provisions thereof the person convicted
of such contravention or failure shall be liable to a fine not exceeding
VT10,000 or to a period of imprisonment not exceeding 6 months.
25. (1) Offences against
by-laws or regional laws made in accordance with section 17(2) shall
be reported by town wardens, council officers or members of the police
force to the Public Prosecutor or an officer authorised in that behalf.
(2) The council may confer upon town wardens or council officers such other duties and functions as shall be necessary for the proper implementation of by-laws or regional laws made in accordance with section 17(2).
26. (1) The Minister
may by Order prescribe anything which is necessary or convenient to
be prescribed for the better carrying out or giving effect to the provisions
of this Act.
(2) Without derogating
from the generality of subsection (1) the Minister may by Order from
time to time add to or vary any of the Schedules.
PART IX
APPLICATION
27. This Act shall apply
to the Municipality of Port Vila, the Municipality of Luganville, the
Santo Malo Local Government Region, the Efate Local Government Region
and may be applied in whole or in part to any other municipality or
region as the Minister may declare by Order published in the Gazette.
___________________
(section 2(2))
(FIRST SIDE)
The ............................................................................... District
No. ...........................
Permit to Drive Public Vehicle
(Taxis Act, Cap. 49)
M ............................................................................................................................………...
Date of birth ............................................... Place
of birth ….........................................…
Address ....................................................................................................................……….
Holder of driving licence no.
.........................................................................................…...
Issued by ..................................................................................................................……….
Date of issue of driving licence
.......................................................................................….
is authorised to drive vehicles in the category ......................................................................
provided that the general provisions
of the Taxis Act, Cap. 49 are complied with.
This permit is valid until
31 December of the year in which it is issued and may be renewed. It
must be kept in the vehicle and must be shown on demand.
On ........................................................... at ............................................................
................................................................
Licensing Officer
_____________________
(SECOND SIDE)
1. This permit to drive
public vehicles expires on 31 December ..............................…
………………………………….
Licensing Officer
2. This permit to drive .............................……………………………………………..
______________________
(section 3)
The .................................................................... District
No. ...........................
Application for Permit to Drive Public Vehicle
(Taxis Act,
Cap. 49)
I, ............................................................. residing at ...............................................………. born on ..................................................... at ............................................................ being the holder of driving licence no ................................... issued by .............................……...
...............................................................................................................................………….hereby
apply for a Permit to Drive Public Vehicles in the category ....................................
Date .................................... ………………………………
Medical Officer
I hereby certify that to the
best of my belief the applicant is medically fit to drive a public vehicle.
Date .................................... ................................................
Medical Officer
I hereby certify that the applicant
has passed a test in accordance with section 3(a) of the Taxis Act,
Cap. 49, and has not been convicted of any offence involving drunkenness
on his part within the previous 2 years.
Date .................................... ..................................………………..
Commissioner of Police
____________________
(section 4)
On issue of a public vehicle
driver's permit ..........................................................
VT1,500
On renewal of a public vehicle
driver's permit .........................................................
VT750
______________________
(section 6(2))
(FIRST SIDE)
The .......................................................................... District
No. ........................…………
Public Vehicle Licence
(Taxis Act,
Cap. 49)
M ............................................................................................................................………...
Date of birth ............................................... Place
of birth .........................................……
Address ....................................................................................................................……….
is authorised to use the motor
vehicle whose registration number is ...................................
as a public vehicle in the
category ...................................................................................….
Details of the vehicle:
Registration no. .................................……….
Make ..............................................……….. Type
..................................................
Chassis no. ........................................….. Horsepower
...................................…
Authorised number of persons to be carried .........................................................................
(including
the driver)
Total authorized weight including driver and passengers .....................................................
Provided that the provisions
of the Taxis Act, Cap. 49 are complied with and provided that the vehicle
has been deemed to comply with the Act after the periodical technical
inspection as shown on the reverse side of this permit.
This licence must be kept in
the vehicle and is to be produced on demand.
On ........................................................... At
.........................................................……..
................................................................
Licensing Officer
___________________________
(SECOND SIDE)
| Year 19 ……… | Date of Inspection | Stamp and Signature |