Singh -v- Director General, Department of Transport [1999] NSWADT 96

CITATION: Singh -v- Director General, Department of Transport [1999] NSWADT 96

DIVISION: General

APPLICANT: Yoga Singh

RESPONDENT: Department of Transport

FILE NUMBER: 993115

HEARING DATES: 09/02/1999

SUBMISSIONS CLOSED: 09/02/1999

DATE OF DECISION: 12 October 1999

N Hennessy - Deputy President BEFORE:

PRIMARY LEGISLATION: Passenger Transport Act 1989

APPLICATION: Review of decision to cancel taxi-cab authority -

MATTER FOR DECISION: Principal matter

Applicant: M Newman, Newman & Associates REPRESENTATION: Respondent: A Wozniak, Smythe & Mallam

ORDERS: 1. The Director General's decision to cancel the applicant's taxi cab authority is affirmed.

1 On 24 March 1999 the Department issued Mr Yoga Gurinder Singh with a Notice to Show cause why his application to renew his taxi driver authority should not be refused. No response was received and a Notice of Decision notifying Mr Singh that his authority had been cancelled was sent to him on 23 April 1999. 2 The reasons for the Department's decision were as follows:

The Department relies on your criminal convictions and traffic record to make the decision to refuse your application. Regarding your traffic Record is the attached extract from the Roads and Traffic Authority Drives Computer System.

In view of your failure to reply to the Department's Show Cause Notice, it was not possible to consider any facts, evidence or material that would explain or justify your criminal and traffic history. Your Traffic history indicates an tendency to disregard the law relating to driving vehicles. As such, that tendency could affect the safety of passengers and the public. 3 Mr Singh requested an internal review on 4 May 1999 arguing five points: * he did not receive the Notice to Show cause; * his criminal charges involved his wife in a personal dispute; * he has had no traffic offences since 1996; * he has no customer complaints recorded against him; and * he has been a taxi operator for 4 years.