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Commercial Passenger Vehicles Victoria (CPVV), until 2 June 2018 called the Taxi Services Commission (TSC), is the
Government agency responsible for the regulation of the taxi and hire car industries in the
State
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of
Victoria, Australia
Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state in ...
. Before becoming a regulator, the TSC was responsible for conducting a major independent inquiry, the
Taxi Industry Inquiry
The Taxi Industry Inquiry or the Fels Inquiry was an inquiry commissioned in 2011 into the taxi industry and taxi services in Victoria, Australia, by the Taxi Services Commission. The inquiry was headed by Professor Allan Fels assisted by Dr Da ...
, into taxi and other small commercial passenger vehicle services in the State.
The TSC was created as a
statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
corporation by the ''
'', which amended the State's prime transport statute, the ''
Transport Integration Act 2010
The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renam ...
'', and the ''
Transport (Compliance and Miscellaneous) Act 1983
The ''Transport (Compliance and Miscellaneous) Act 1983'' (the Act) is a prime statute regulating transport activities in the State of Victoria, Australia. Key areas regulated by the statute currently include taxi and hire car services and compl ...
''. It was renamed CPVV on 2 June 2018, to reflect its broader role regulating
mobility as a service
Mobility as a service (MaaS) is a type of service that, through a joint digital channel, enables users to plan, book, and pay for multiple types of mobility services. The concept describes a shift away from personally-owned modes of transportation ...
companies and other commercial passenger services.
The TSC commenced operation in its initial inquiry phase on 19 July 2011, and became the State's ongoing taxi regulator in place of the Victorian Taxi Directorate on 1 July 2013. It was chaired by former
Australian Competition & Consumer Commission
The Australian Competition and Consumer Commission (ACCC) is the chief competition regulator of the Government of Australia, located within the Department of the Treasury. It was established in 1995 with the amalgamation of the Australian Trad ...
Chairman and Australian businessman
Graeme Samuel
Graeme Julian Samuel AC (born 31 May 1946) is an Australian businessman. He was the Managing Director and head of the Melbourne office of M&A advisory firm Greenhill Caliburn, and is a member of the Australian National University Council. H ...
.
Taxi Industry Inquiry
The TSC was established due to continuing concerns about the ongoing poor performance of Victoria's taxi industry. Its first task was to conduct the
Taxi Industry Inquiry
The Taxi Industry Inquiry or the Fels Inquiry was an inquiry commissioned in 2011 into the taxi industry and taxi services in Victoria, Australia, by the Taxi Services Commission. The inquiry was headed by Professor Allan Fels assisted by Dr Da ...
.
Announcement of Inquiry
An Inquiry into the taxi industry was announced on 28 March 2011 by
Premier of Victoria
The premier of Victoria is the head of government in the Australian state of Victoria. The premier is appointed by the governor of Victoria, and is the leader of the political party able to secure a majority in the Victorian Legislative Assemb ...
,
Ted Baillieu
Edward Norman Baillieu (born 31 July 1953) is a former Australian politician who was Premier of Victoria from 2010 to 2013. He was a Liberal Party member of the Victorian Legislative Assembly from 1999 to 2014, representing the electorate of ...
who announced that it would be headed by Professor
Allan Fels
Allan Herbert Miller Fels (born 7 February 1942) is an Australian economist, lawyer and public servant. He was most widely known in his role as chairman of the Australian Competition & Consumer Commission (ACCC) from its inception in 1995 un ...
, the former head of the
Australian Competition & Consumer Commission
The Australian Competition and Consumer Commission (ACCC) is the chief competition regulator of the Government of Australia, located within the Department of the Treasury. It was established in 1995 with the amalgamation of the Australian Trad ...
.
[Premier of Victoria, media release, 28 March 2011.]
According to Bailleu, the key problems with the Victorian taxi industry were:
* low customer satisfaction, with a sharp decline over the past five to six years
* safety and security for passengers and drivers
* insufficient support for drivers
* too many poorly-skilled drivers with inadequate knowledge
* a high turnover of drivers resulting in a shortage of experienced drivers
* complex ownership and management structures
* lack of competition
* too much of the industry revenue not being directed to the service providers – the drivers and operators.
Inquiry details and ongoing regulatory responsibilities
The Premier indicated that reforming the Victorian taxi industry would occur in two stages. In the first stage, the Fels Inquiry was to be tasked with undertaking a comprehensive inquiry into the service, safety and competition issues in the Victorian taxi industry. In the second stage, following Professor Fels’ investigation, the Taxi Services Commission was to take over the role of industry regulator with the powers and tools necessary to drive reform in the taxi industry. The Premier announced that the Taxi Services Commission was to be established as a statutory authority.
The Premier indicated that the previous taxi industry regulator, the Victorian Taxi Directorate (VTD), was to operate as normal until the Taxi Services Commission was established as the industry regulator. Staff and resources from the VTD moved to the new body when it became the ongoing industry regulator.
Main responsibilities
Inquiry phase
The Commission was initially responsible for conducting an inquiry into the taxi industry and wider commercial passenger vehicle industry. The Commission was required to report on those matters including by making recommendations about how the commercial passenger vehicle industry should be structured and regulated.
Regulator phase
In its second phase, the commission was positioned as the Victorian Government's regulator o
taxi servicesand other small commercial passenger vehicles.
[, Part 3.] This role requires the TSC to, among other things, administer licensing and accreditation schemes and conduct compliance and enforcement and other activities which apply to the taxi and broader small commercial passenger vehicle industries.
The TSC commenced as the taxi industry regulator on 1 July 2013.
Governance
Establishment
The TSC was established following passage of the ''
'', which amended the ''Transport Integration Act 2010'' to create the TSC, alongside Victoria's other transport agencies, as a body corporate.
Constitution
The TSC consists of a Chairperson and up to two Commissioners. Professor
Allan Fels
Allan Herbert Miller Fels (born 7 February 1942) is an Australian economist, lawyer and public servant. He was most widely known in his role as chairman of the Australian Competition & Consumer Commission (ACCC) from its inception in 1995 un ...
was appointed as initial Chairperson to conduct the
Taxi Industry Inquiry
The Taxi Industry Inquiry or the Fels Inquiry was an inquiry commissioned in 2011 into the taxi industry and taxi services in Victoria, Australia, by the Taxi Services Commission. The inquiry was headed by Professor Allan Fels assisted by Dr Da ...
. Provision was made for staff to be engaged by the TSC. The Commissioners in the TSC's initial inquiry phase were not transitioned to manage the TSC when it assumed its role as industry regulator.
Transport Integration Act
The ''Transport Integration Act'' provides the TSC with a governance framework - the objects, functions and powers - which comprise the charter of the agency.
Objects
The ''Transport Integration Act'' provided that the objects of the TSC in its initial inquiry phase were to:
::"(a) pursue and promote major and enduring improvements in ... —
:::(i) the provision and accessibility of services in the commercial passenger vehicle industry;
:::(ii) competition in the commercial passenger vehicle industry;
:::(iii) innovation in the commercial passenger vehicle industry, including in the business structures, service delivery models, policies and procedures in the industry;
:::(iv) the safety of passengers and drivers of commercial passenger vehicles;
::(b) promote public confidence in the safety of the commercial passenger vehicle industry."
Functions
The initial functions of the TSC included:
::"(a) conducting an inquiry into—
:::(i) the structure, conduct, performance and regulation of the commercial passenger vehicle industry; and
:::(ii) ancillary matters related to the provision of commercial passenger vehicle services; and
::(b) reporting on the outcome of the inquiry, including making recommendations about how the commercial passenger vehicle industry should be structured and regulated."
Desirable considerations
In performing its initial inquiry function, the TSC was required to consider the desirability of:
* raising the standard of customer service in the commercial passenger vehicle industry
* integrating the commercial passenger vehicle industry with other forms of public transport
* improving efficiency in the commercial passenger vehicle industry
* providing education and training to drivers of commercial passenger vehicles
* ensuring that the commercial passenger vehicle industry is regulated under a performance-based regulatory framework
* improving the financial viability of the commercial passenger vehicle industry
* alternative regulatory frameworks and the potential costs (including externalities) and benefits of those frameworks
* any regulatory framework that is recommended being consistent with relevant health, safety, environmental and social requirements
* applying to the commercial passenger vehicle industry
* achieving consistency in the regulation of the commercial passenger vehicle industry between States and on a national basis
* reducing obstacles that prevent people from using commercial passenger vehicle services
* improving the quality of commercial passenger vehicle services at State borders
* promoting environmentally sustainable practices in the commercial passenger vehicle industry.
Inquiry and reporting
Provisions triggering inquiry
It was not sufficient for the Commission to be established for it to conduct an inquiry. It needed to have matters formally referred to it by the Minister for Public Transport before it could commence that work. Accordingly, the
Transport (Compliance and Miscellaneous) Act 1983
The ''Transport (Compliance and Miscellaneous) Act 1983'' (the Act) is a prime statute regulating transport activities in the State of Victoria, Australia. Key areas regulated by the statute currently include taxi and hire car services and compl ...
made provision for the Minister to issue a notice specifying the matters to be investigated, the nature of the Commission's reporting on its investigations and other relevant matters.
Conduct of inquiry
General
The TSC was generally able to conduct its inquiry in the manner it considered appropriate. A number of requirements and signals were included in the legislation, however, which required initial discussions and ongoing consultations. The Commission's procedures were informal - it was not bound by the rules of evidence and was able to inform itself as it considered appropriate. In addition, the Commission was empowered to conduct hearings in public or in private and could determine whether a person could appear at a hearing and be represented by another person.
Powers
The
Transport Integration Act
The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renam ...
provides the TSC with a range of general corporate powers. More specific powers including those of a coercive nature are contained in the key support
statute to the Transport Integration Act, the Transport (Compliance and Miscellaneous) Act 1983. Provisions include those enabling the Commission to require information and documents and those concerning the issue and tabling of reports.
Independence
The TSC was independent of Ministers and Government generally in its initial inquiry phase. No provision was included for the Commission to be directed during this period thereby enabling it to operate without interference. This changed during the second phase when the Commission became subject to the standard powers of direction available to Ministers.
[Transport Integration Act 2010.]
See also
*
Taxi Industry Inquiry
The Taxi Industry Inquiry or the Fels Inquiry was an inquiry commissioned in 2011 into the taxi industry and taxi services in Victoria, Australia, by the Taxi Services Commission. The inquiry was headed by Professor Allan Fels assisted by Dr Da ...
*
*
Transport Integration Act
The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renam ...
*
Transport (Compliance and Miscellaneous) Act 1983
The ''Transport (Compliance and Miscellaneous) Act 1983'' (the Act) is a prime statute regulating transport activities in the State of Victoria, Australia. Key areas regulated by the statute currently include taxi and hire car services and compl ...
References
{{reflist
External links
Department of Transport websiteGovernment of Victoria website
Public transport in Melbourne
Government agencies of Victoria (Australia)
Taxis
Transport authorities in Australia