Lok v Roads and Maritime Services [2017] NSWCATOD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lok v Roads and Maritime Services [2017] NSWCATOD 186 Hearing dates: 12 October 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: PASSENGER TRANSPORT – refusal to renew wheelchair accessible taxi licence – applicant must satisfy RMS as to any matter RMS considers relevant – expectation of number of jobs performed per day – failure to meet performance levels – breach of licence conditions Legislation Cited: Passenger Transport Act 1990 Passenger Transport (General) Regulation 2017 Category: Principal judgment Parties: Selim Lok (Applicant) Roads and Maritime Services (Respondent) Representation: Md Kamrujjaman (Agent for Applicant) Smythe Wozniak Lawyers (Respondent) File Number(s): 2017/ 00203077

REASONS FOR DECISION 1. This is an application by Mr Selim Lok for review of a decision refusing the renewal of a wheelchair accessible taxi licence. His application was refused by Roads and Maritime Services (RMS) because RMS was not satisfied that priority was being given to passengers using wheelchairs, including compliance with an expectation that at least one wheelchair hiring will be completed per day.

The wheelchair tax scheme 1. A wheelchair accessible taxi is a vehicle that has been specifically modified to safely accommodate at least one and up to three wheelchairs and their users. Wheelchair accessible taxis are specifically licenced and, in order to support the operation of these services, licence fees for wheelchair accessible taxis were originally set at $1,000 but are now free. In contrast, RMS provides evidence that an ordinary taxi plate currently costs in excess of $200,000. 2. There is a designated booking service for wheelchair accessible taxis which is called Zero200. Drivers can also pick up passengers on the street and have other booking arrangements with regular passengers. The Handbook issued to all drivers using the Zero200 radio booking service states that drivers must not refuse a booking and must give preference to a person using a wheelchair. 3. NSW residents who are unable to use public transport because of a disability are entitled to use the Taxi Transport Subsidy Scheme (TTSS). TTSS covers fifty percent of the total fare up to a maximum of $60 and participants are issued with a book of dockets to use when using taxis. An M50 docket is used by passengers who use wheelchairs as this permits the driver to claim an additional subsidy. All other passengers with a disability who are not required to use a wheelchair use an M40 docket.