Williamson v Director General, Department of Transport [2001] NSWADT 3

CITATION: Williamson v Director General, Department of Transport [2001] NSWADT 3 DIVISION: General Division APPLICANT Cheryl Anne Williamson PARTIES: RESPONDENT Director General, Department of Transport FILE NUMBER: 003349 HEARING DATES: 17/01/2001 SUBMISSIONS CLOSED: 01/17/2001 DATE OF DECISION: 01/24/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Passenger Transport Act - private hire vehicle driver - suspension of authority - Passenger Transport Act - taxi driver - suspension of authority - Private hire vehicle driver - suspension of authority - Taxi driver - suspension of authority MATTER FOR DECISION: Principal matter LEGISLATION CITED : Passenger Transport Act 1990 Farquharson -v- Director General, Department of Transport [1999] NSWADT 53 CASES CITED: Commissioner for Motor Transport v Darcy Francis Leo, NSW Supreme Court (McInerney J), 10 September 1986, unreported.) Re T and Director of Youth & Community Services [1980] 1 NSWLR 392 Hasegawa -v- Director General, Department of Transport [2000] NSWADT 96 REPRESENTATION: W Hodgekiss, barrister A Wozniak, solicitor ORDERS: 1.The Director General's decision to suspend Ms Williamson's taxi and hire car authorities is affirmed.

Background

1 On 2 November 2000 the Director General, Department of Transport (the Director General) suspended Ms Williamson's authorities to drive taxi-cabs and hire cars. The Director General's reason for suspending the authorities was that Ms Williamson had been issued with several summons for breaches of the Passenger Transport Act 1990 (the PT Act). Those breaches allegedly involved the use of private motor vehicles to conduct public passenger services. Ms Williamson applied to this Tribunal for a review of the decision to suspend the authorities. 2 The background to this matter is that Ms Williamson and her husband Mr Williamson conduct a taxi and hire car business in Foster. As well as holding authorities to drive taxi cabs and hire cars, they also hold an authority to operate taxi-cabs and hire cars. The operating authority has not been suspended. Consequently they are still able to operate the business but they are not permitted to drive the vehicles.