- Laws of Fiji

Last Updated: 25 April 2022

[LAT 10,035] Conditions and restrictions7

(1) In addition to the conditions prescribed in respect of permits, either generally or in particular cases or classes of cases, the Authority when issuing a permit may impose any condition or restriction the Authority thinks fit on matters that the Authority is required to have regard to when considering applications for permits and in particular for ensuring that—

(a)the conditions of service of the employees of the permit holder in relation to the permit are consistent with public safety and the efficiency of the service;
(b)any fare and freight charges under the permit are reasonable in the circumstances of the particular case;
(c)wasteful competition with alternative forms of transport operating in the same sphere is avoided; and
(d)any timetables to be observed and any picking up or setting down places to be used in the service carried on under the permit comply with any requirements the Authority specifies,

and generally for securing the safety and convenience of the public.

(1A) A permit is subject to the following conditions—

(a)the permit holder must pay a prescribed annual fee to the Authority;
(b)in the case of an individual, the permit holder must be a Fijian citizen who ordinarily resides in Fiji;
(c)in the case of a company, the permit holder must be a company registered under the Companies Act 2015, the controlling interest of which is held by a person or persons who are Fijian citizens who ordinarily reside in Fiji; and
(d)in the case of a taxi permit, the holder of a taxi permit issued in respect of a transport zone must service the transport zone for which the taxi permit has been issued.

[subreg (1A) insrt LN 68 of 2017 reg 7, effective 1 January 2018]

(1B) A road permit in respect of a road route licence is subject to the following conditions—

(a)the holder of the road permit must ensure that any omnibus operating under the road permit of the road permit holder is fitted and operational with a buscard reader at a place easily accessible by passengers boarding and disembarking the omnibus;
(b)the holder of the road permit must ensure that where any omnibus operating under the road permit of the road permit holder operates without a buscard reader, the driver of the omnibus must allow a passenger boarding the omnibus to travel on the omnibus to his or her destination without paying his or her fare;
(c)the holder of the road permit must ensure that where any omnibus operating under the road permit of the road permit holder operates with an inoperable buscard reader, the driver of the omnibus must allow any passenger who has not paid his or her fare as a result of the inoperable buscard reader to travel on the omnibus to his or her intended destination without paying his or her fare;
(d)the holder of the road permit must ensure that any driver of an omnibus operating under the road permit of the road permit holder only accepts payment of fare through a buscard used on a buscard reader;
(e)the holder of the road permit must ensure that any omnibus operating under the road permit of the road permit holder has disposable buscards available for sale at all times;
(f)the holder of the road permit must ensure that any driver of an omnibus operating under the road permit of the road permit holder does not damage, manipulate or interfere with the operations of a buscard reader.

[subreg (1B) insrt LN 98 of 2017 reg 2, effective 2 November 2017]

(1C) A breach of a condition under subregulation (1B) is deemed a serious breach and may result in the suspension or cancellation of a road permit in respect of a road route licence by the Authority, in accordance with regulation 12.

[subreg (1C) insrt LN 98 of 2017 reg 2, effective 2 November 2017]

(2) The Authority may require any timetable applicable to a permit be varied and the permit holder must comply with the requirements forthwith.

(3) If the Authority is of the opinion that any condition or restriction of a permit should be varied, the Authority may vary the permit, and the permit holder must comply with and observe any variation.

(4) A condition imposed on a road permit may provide that—

(a)a ticket in a form approved by the Authority as evidence of the payment of a fare is to be given to every passenger by the driver or conductor of a vehicle used under the permit, or in some other manner specified in the permit, when a passenger pays the fare for the journey the passenger is making; and
(b)a notice in a form specified in the permit to the effect that tickets are required to be given to passengers is to be exhibited in the vehicle in a conspicuous position so as to be easily noticed and understood by every passenger in the vehicle.