Rowe v Roads & Maritime Services [2012] NSWADT 281

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Rowe v Roads & Maritime Services [2012] NSWADT 281 Hearing dates: 30 October 2012 Decision date: 30 October 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The decision is affirmed in so far as it relates to Mr Rowe's taxi driver authority. 2. The decision is set aside in so far as it relates to Mr Rowes Authority to drive a hire car. In its place the decision is made that the authority to drive a hire car is reinstated. Catchwords: Authority to drive a taxi cab - Authority to drive a a private hire vehicle - cancellation - fit and proper person Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Assi v Director General Transport NSW [2012] NSWADT 7 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Saadieh v Director General, Department of Transport [1999] NSW ADT 68 Category: Principal judgment Parties: James Rowe (Applicant) Roads & Maritime Services (Respondent) Representation: Counsel I Latham (Applicant) Smythe Wozniak (Respondent) File Number(s): 123102

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): Mr Rowe ("the Applicant") has held authorities under the Passenger Transport Act 1990 ("the Act") that have authorised him to drive a taxi cab and a private hire vehicle. 2In May 2012 Roads & Maritime Services ("the Respondent") made the determination to cancel those authorities pursuant to sections 33F and 40E of the Act. The Applicant has applied to the Tribunal for external review of that determination. 3In the Statement of Reasons provided in relation to the determination the decision maker stated: You have been issued with an infringement by the NSW Police Force for carrying out a private hire vehicle service that was not pre booked in accordance with the Passenger Transport Regulation 2007. ... The Reasoning process that led to the decision As the delegate of [Transport for NSW (TfNSW)], [Roads and Maritime Services (RMS)] has a continuing obligation under the Passenger Transport Act 1990, to ensure that persons authorised to drive public passenger vehicles are fit and proper persons with sufficient responsibility and aptitude to drive the vehicle in accordance with the conditions and standards under which the vehicle concerned is operated and in accordance with law and custom. You were previously issued with a private hire vehicle authority (10 November 2012) and re-issued with your taxi-cab authority (2 February 2012) after the cancelled of your taxi-cab authority in November 2009. The cancellation in 2009 was based upon your complaints history and your convictions, 27 October 2009, where you were sentenced as following: -in relation to dockets in 2006, convicted of 174 offences and placed on a Bond pursuant to Section 9, to be of good behaviour for two (2) years. -In relation to the balance of the offences (322) you were convicted and sentenced to periodic detention of 8 months with non-parole period of 6 months. (111) You were further ordered to make yourself available to be fingerprinted and to pay professional coasts of $6000.00. RMS had taken into consideration the outcome of your Administrative Decisions Tribunal (ADT) hearing in July 2011 with respect to the cancellation of your taxi-cab authority and the recommendation set forth by the ADT which resulted in the issuing of your private hire vehicle authority and subsequently the re-issuing of your taxi-cab authority. During the process of the issuing of these authorities you were provided with a warning letter 10 November 2011 advising that if you were to come to any further adverse notice this may result in the suspension or cancellation of your driver authorities. ... In view of the offence recorded, the delegate can no longer attest to you being a fit and proper person for the purposes of the Passenger Transport Act, 1990 with respect to your continuing disregard for the law. Accordingly the determination has been made to cancel your authorisation to drive public passenger vehicles. 4The prior history referred to in the Statement of Reasons is not in dispute.