Bayat -v- Director-General, Department of Transport [2000] NSWADT 19

CITATION: Bayat -v- Director-General, Department of Transport [2000] NSWADT 19 DIVISION: General Division APPLICANT Masoud Bayat PARTIES: RESPONDENT Director-General, Department of Transport FILE NUMBER: 993237 HEARING DATES: 14/02/00 SUBMISSIONS CLOSED: 02/14/2000 DATE OF DECISION: 03/03/2000

BEFORE: Wilson K - Judicial Member APPLICATION: Passenger Transport Act - taxi driver - cancellation of authority - Taxi driver - cancellation of authority MATTER FOR DECISION: Principal matter LEGISLATION CITED : Passenger Transport Act 1990 CASES CITED: REPRESENTATION: In Person A Wozniak, solicitor, ORDERS: 1. The Respondent's decision to cancel a taxi-cab authority is affirmed

Background 1 The Applicant, Mr Masoud Bayat was advised on 21 September 1999 that a decision had been made on 20 September to cancel his taxi authority.

2 The decision was taken on the basis of a long list of complaints which had been received against the Applicant over a period commencing in 1994. The other matter that was taken into account was the Applicant's Traffic Record which was considerable and spreads over a similar period.

3 The Applicant's Complaints' Record and his Traffic Record came to attention when he was dealt with in the Downing Centre Local Court on 19 April 1999 for failing to accept a hire. This occurrence happened at Sydney Airport and the processing of the records in relation to this conviction brought to light the Applicant's Traffic Record and then, on enquiry, his Complaints' Record.

4 The Tribunal does not need to detail all of the elements of his customer complaint and traffic record history and they are contained in the original Statement of Reasons in this matter. Suffice it to say that the Customer Complaints and the Traffic Record raise serious matters of concern in relation to the Applicant's capacity to properly carry out the duties of a taxi driver. On the basis of the information contained against him, the taxi company for which he works is no longer able to support his application.