Bondar v Ministry of Transport [2008] NSWADT 318

CITATION: Bondar v Ministry of Transport [2008] NSWADT 318

DIVISION: General Division

APPLICANT Alexander Bondar PARTIES: RESPONDENT Ministry of Transport

FILE NUMBER: 083114

HEARING DATES: 29 July 2008

SUBMISSIONS CLOSED: 29 July 2008

DATE OF DECISION: 28 November 2008

BEFORE: Grotte E - Judicial Member

CATCHWORDS: Passenger Transport Act - taxi driver - cancellation of authority

Passenger Transport Act 1990 LEGISLATION CITED : Passenger Transport Regulations 2007 Administrative Decisions Tribunal Act 1997

Saadieh –v- Director General, Department of Transport (1999) NSWADT 68 CASES CITED: Kaikaty v Ministry of Transport [2005] NSWADT 135 Maythisathit and Registrar of Motor Vehicles [1996] ACTAAT 165 Lal –v- Director-General of Transport (2001) NSWADT 74

APPLICANT REPRESENTATIVE

In Person REPRESENTATION: RESPONDENT REPRESENTATIVE

A Wozniak

ORDERS: The decision of the delegate of the Director–General of the Ministry of Transport to refuse Mr Bondar's application for authorisation to drive a taxi cab is affirmed.

REASONS FOR DECISION

Background

1 On 24 January 2007 a delegate of the Director-General of the Ministry of Transport determined to refuse Mr Bondar's application for authorisation to drive a taxi cab.

2 Mr Bondar applied for an internal review of the decision to refuse Mr Bondar's application for authorisation to drive a taxi. On 3 March 2008 a delegate of the Director-General of the Ministry of Transport affirmed the decision to refuse Mr Bondar an authority to drive a taxi-cab. The statement of reasons was as follows: Since 1989 Mr Bondar has been fined for committing nineteen traffic offences, many of which are of a serious nature. For instance he has been convicted in the courts of drink driving on two occasions, failing/refusing to submit to a breath test, negligent driving and not giving particulars after a crash. It is noted that after the first drink driving conviction Mr Bondar wrote to the Ministry of Transport declaring his drink driving "never will happen again". After his second drink driving conviction he again wrote to the Ministry describing himself "as a person who never drink and drive". Six of his traffic infringements were for exceeding the speed limit. As a result of his poor driving record, Mr Bondar has been disqualified from driving on three occasions (for a total of twenty-two months), had his driving licence cancelled and had it suspended eight times. Mr Bondar is a former unsatisfactory taxi-driver and in that capacity had his driver authority suspended and cancelled twice. Whilst a taxi driver, Mr Bondar was convicted in 1999 on three counts of assault with indecency against a female taxi passenger, after soliciting her custom at a bus stop. … Not only does Mr Bondar have a poor driving record, which indicates a disregard for the traffic laws, but two convictions for drink driving is considered a serious matter. Of much more concern though is Mr Bondar's conviction for the sexual assault of a female taxi passenger. With this background I cannot positively attest to Mr Bondar being a fit and proper person to be authorised to drive a taxi-cab. Whilst it is not necessary for me to consider whether Mr Bondar is a person of "good repute" I am entitled to" take into account any material provided by Mr Bondar that supports his character, such as testimonials from neighbours or work colleagues; and form a view as to what the community's estimate would be of a person if they were aware of the material facts as available to me. I note that I merely have a testimonial from his mother which, due to natural bias, I have declined to accept as evidence of Mr Bondar's reputation in the community, and I am therefore unable also to attest that Mr Bondar is a person of "good repute". It is unnecessary for me to deal further with the other matters set out in s.33 (3) of the Act. On balance, it is my view that members of the wider community, being aware of all the material available to me, would continue to hold Mr Bondar in low repute having regard to the nature of the crime has being (sic) convicted of against a female passenger. 3 On 8 April 2008 Mr Bondar applied to the Tribunal for review of the delegate's decision. The matter was heard by me on 29 July 2008 and I reserved my decision. Relevant Legislation