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Last Updated: 16 October 2023
AN ACT TO ESTABLISH THE LAND TRANSPORT AUTHORITY, TO REGULATE THE REGISTRATION AND USE OF VEHICLES, THE LICENSING OF DRIVERS OF VEHICLES AND THE ENFORCEMENT OF TRAFFIC LAWS AND TO PROVIDE FOR THE REPEAL OF THE TRAFFIC ACT AND FOR RELATED MATTERS
[LAT 65] Public service permits65
(2) A person may apply to the Authority for a public service permit of the following types—
- (a)a taxi permit which authorises the use of a motor vehicle licensed as a taxi, subject to this Act and licence and permit conditions, to ply or stand for hire in a zone for which it is issued, for the carriage of passengers within, from or to that zone;
- (b)a rental permit which authorises the use of a motor vehicle licensed as a rental vehicle, subject to this Act and licence and permit conditions, to be driven by a person other than the owner of the motor vehicle or his or her servant;
- (c)a hire permit which authorises the use of a motor vehicle licensed as a hire vehicle with a driver provided, subject to this Act and licence and permit conditions, on a route and for a fare negotiated between the permit holder or his or her servant and the passenger carried but shall not authorise the vehicle to ply or stand for hire for the carriage of passengers;
- (d)a road permit which authorises the use of a motor vehicle licensed as a road service vehicle, subject to this Act and subsection (3) and licence and permit conditions, except that—
- (i)only a road permit may authorise a person to conduct a regular service at terminating points; or
- (ii)only a taxi permit may authorise a person to stand or ply for hire; or
- (e)a minibus permit which authorises the use of a vehicle licensed as a minibus, subject to this Act and licence and permit conditions, to ply or stand for hire in a base for which it is issued, or from an approved stand outside that base, for the carriage of passengers within, from or to that base.
[subs (2) am Act 27 of 1999 s 6, effective 10 July 2000; Act 33 of 2021 s 7, effective 25 April 2022; Act 22 of 2022 s 4, effective 25 April 2022]
(3) A person may apply to the Authority for a road permit in respect of—
- (a)a road route licence authorising the conduct of one or more road services for the transportation of passengers and goods at separate fares on—
- (i)a stage service, which is a scheduled service along a specified route between terminating points with stops intended to meet the needs of persons along or in the vicinity of that route;
- (ii)an express service, which is a scheduled service between terminating points with or without a limited number of stops at hotels or towns intended to meet the needs of the general public; or
- (iii)shuttle service, which is a service within a suburb to meet the needs of passengers on a regular basis, subject to terms and conditions as prescribed by regulations;
- (b)a road contract licence authorising the conduct of one or more road services for the transportation of passengers and goods on the basis of a contract, either express or implied, between the holder of the licence and another person; or
- (c)a carrier licence authorising the use of a motor vehicle licensed as a carrier to provide passenger service at terminating points with or without a limited number of stops,
provided that the fare shall be charged in accordance with the fares fixed by the Fijian Competition and Consumer Commission in accordance with section 66C.
[subs (3) am Act 30 of 2019 s 2, effective 1 February 2020; Act 22 of 2022 s 4, effective 25 April 2022]
(3A) A public service permit must be issued in the prescribed form.
[subs (3A) insrt Act 32 of 2017 s 4, effective 1 August 2017]
(4) A person who operates or permits to be operated a public service vehicle without or contrary to the conditions of a public service permit issued under this section commits an offence and is liable on conviction to the prescribed penalty.
(5) Where a police officer or authorised officer has reasonable cause to suspect that a person has committed an offence under subsection (4), the officer may seize and remove to a place of safe custody the motor vehicle used in the commission of the offence.
[subs (5) insrt Act 33 of 2021 s 7, effective 25 April 2022]
(6) If the person is convicted of the offence, the Authority may cause the motor vehicle to be sold by auction or by public tender in a manner prescribed by regulations.
[subs (6) insrt Act 33 of 2021 s 7, effective 25 April 2022]