3.2 Positions, Testing, Seals & Offences

3.2 Positions, Testing, Seals & Offences

Quick Answer: Use FOR HIRE when free (not recording; flag visible to a person 20 m in front), HIRED when on a paid journey (recording; flag not visible outside), and STOPPED when finishing (distance only or mechanism not moving; flag not visible). Go FOR HIRE → HIRED directly and return to FOR HIRE only via STOPPED. Meters are tested before fitment and at least every 6 months, then stamped and sealed. Owner and driver share compliance duties; breaches attract $10,000 / 6 months, with higher penalties for deliberate defacement on subsequent conviction.

Construction rules (Section 3.1) say what a lawful meter is. This section explains how the driver must use it, how often it must be tested and sealed, and what happens when people ignore those duties.

The Three Actuating Positions

The actuating device sets the taximeter into one of three legal positions. Learn each row of the table — exams mix visibility, recording mode, and sequence into multi-part traps.

FOR HIRE

When the taxi is available, the meter sits on FOR HIRE. It must not be recording fare. The flag must be visible from 20 metres ahead so intending hirers and enforcement can see the free status. If the flag is down or hidden while you claim to be free, you have broken the visibility rule for this position.

HIRED

At the start of hire, move the actuating device to HIRED. The meter then records according to the approved time/distance/combination logic. The flag must not be visible outside — the public should not read the vehicle as free while a passenger is on board and the meter is running.

STOPPED

STOPPED is the intermediate position used when the hire ends or when the mechanism should freeze time charging. In STOPPED, the meter either records distance only or the mechanism is not in motion. As with HIRED, the flag is not visible outside. STOPPED is also the mandatory bridge when returning to free status (see sequence below).

Mandatory Actuating Sequence

The Booklet fixes how you may move between positions:

1. From FOR HIRE you go directly to HIRED when the taxi is hired.
2. You return to FOR HIRE only via STOPPED — you do not jump straight from HIRED back to FOR HIRE.

Operational meaning:

• Accept hire → HIRED (recording starts).
• Journey complete / fare settlement → STOPPED.
• Ready for the next passenger → FOR HIRE (after STOPPED).

Skipping STOPPED on the way back to free status is a sequence violation. On the exam, any option that says you may switch HIRED → FOR HIRE in one motion is wrong.

When Hire Begins — and Driver Duties at Start and End

Two linked timing rules appear alongside position control:

At the start of hire, the driver must move the flag (actuating device) to the recording position (HIRED).

After the hire, the driver must return the device to a non-recording position (via STOPPED, then FOR HIRE when free again).

Hiring time starts at the earlier of:

1. when the journey begins, or
2. when the taxi is first made available at the appointed time and place (for example, a pre-arranged pick-up where the passenger is late but the taxi has already arrived on time).

That "earlier of" rule stops gamesmanship about when the clock may start. If the taxi was available at the agreed appointment before wheels moved, hire time can already have started.

Testing, Stamping and Sealing

A taximeter must be tested by the Commissioner (or under the Commissioner's testing regime as described in the Booklet):

• before fitment to the vehicle, and
• thereafter at intervals of not more than 6 months.

If the test is satisfactory and the receipt printing device is also in order, the taximeter is stamped and sealed. The seal is not a decoration — it is evidence that the unit passed accuracy and integrity checks. Section 3.3 covers the printer itself; remember here that printer health is part of what allows stamping and sealing to complete.

Six months is a hard ceiling: "about twice a year when convenient" is not the legal standard. Intervals ≤ 6 months means you cannot stretch to seven or eight months between tests.

Owner Reporting Duties

The owner has explicit notification duties:

Do not confuse the clocks. Removal/cessation has a fixed 24-hour outer bound. Accuracy or seal problems demand immediate attention — "ASAP," not "next weekly roster."

Owner and Driver: Shared Compliance

Both the owner and the driver must ensure:

• the taximeter complies with the rules,
• it remains of an approved type, and
• the seal is in good condition.

This dual duty is deliberate. An owner cannot blame "the driver always checks" and walk away; a driver cannot claim "the owner never told me" if the seal is broken or the meter is unapproved. On the exam, answers that place the duty on only one party are usually incomplete.

Offences and Penalties

Failure to ensure compliance / approval / seal condition

If owner or driver fails those duties: fine of $10,000 and imprisonment for 6 months (the Booklet's stated maximum framing for this failure).

Defacing, damaging or altering the taximeter

Without lawful excuse, defacing, damaging, or altering a taximeter attracts escalating penalties:

"Without lawful excuse" excludes authorised testing, repair, or official work. Casual "adjustments," broken seals from neglect, or intentional tampering fall on the wrong side of the line.

Putting Operation Together

A lawful shift looks like this in miniature:

1. Start free on FOR HIRE — not recording; flag visible 20 m ahead.
2. Accept a hire — go directly to HIRED; flag disappears from outside view; recording runs.
3. End the hire — move to STOPPED; settle the fare; printer or manuscript receipt as Section 3.3 requires.
4. Become free again — FOR HIRE only after STOPPED.
5. Throughout the year — keep within 6-month testing, protect the seal, and report removal within 24 hours or faults ASAP.

Exam Focus List

• Three positions: recording mode + flag visibility + 20 m rule for FOR HIRE.
• Sequence: FOR HIRE → HIRED; return via STOPPED only.
• Start recording at hire; return to non-recording after hire.
• Hire time = earlier of journey start or availability at appointed time/place.
• Test before fitment and ≤ 6 months; stamp and seal when meter and printer OK.
• Owner: 24 h for removal/cessation; ASAP for accuracy/seal faults.
• Owner and driver ensure compliance.
• $10,000 / 6 months for compliance failures; defacement $10k/6 mo then $25k/12 mo.

Section 3.3 completes the charging chain: the receipt printing device, the fields on a lawful receipt, manuscript fallbacks, and the separate offence for failing to issue a proper receipt.